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REGULAR MEETING

NORTH TARRYTCWN, NEW YORK
August 1 7 , 1995

A regular meeting of the North Tarrytown Planning Board was held on
August 17, 1995 at 8:00 P.M. in the Village Hall, 28 Beekman Avenue,
North Tarrytown, New York.
PRESENT:

George Hritz, Chrairman
Joanne Becker
Edward McCarthy
David Perlmutter

ABSENT:

Donald Caetano

ALSO PRESENT:

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

Chairman Hritz called the meeting to order at 8:10 p.m.
PRELIMINARY HEARING - COLABELLA WETLANDS
This item was not a scheduled agenda item.
Mr. John Hughes came forward and stated that this application had to do
with a permit application for the wetlands. He said that he wasn't
sure what was required to be done or how the Planning Board reacts under
this local law. He asked for help from the Board.
Chairman Hritz stated that this was a project that required at least
a short EAF form.
Ms. Gandolfo stated that the Code reads that the buffer is supposed to
be 100 ft. from the wetlands. The architect or engineer includes as
part of the property the buffer area. The question to
the Board was to look at the wording as to where the buffer was
permitted to start.
Ms. Gandolfo said that the question was if the buffer was part of the
property.
Mr. David Christmas, the architect didn't know how far it extended.
Chairman Hritz pointed out the following observations:
1. looks like the 100 ft. buffer is drawn in such a way that it
doesn't follow the line of the river.
2. How many of the homes in the area will be 2 family homes.
3. There are a number of questions regarding the EAF, page 3, paragraph
13 and 14.
4. There are several items missing from the application which
must be included.
The architect stated that the site itself was not going to be used by
the community.

�f
Chairman Hritz told the architect that he needed to go through the EAF.
Mr. Hughes commented that they will revise the EAF.
Ms. Gandolfo suggested that he should look at £ 61-8 and see if any of those
activities should be marked on the plans.
Chairman Hritz asked if there were any further questions.
Mr. DiGennaro said that he would like to look at the criteria of dry
wells, 2 to 5 years and 10 years. 10 to 25 years. He explained to
the applicant what he wants to see on the plans.

L. RODRIGUES, CHESTNUT RIDGE - Continuation. Re-Review of site plans
for 2 apartment houses
Chairman Hritz noted for the record that the Chestnut Ridge applicant
has asked to be removed from the agenda on numerous times. He noted
that this was the 4th or 5th time that this applicant has taken
himself off the agenda. He stated that it wasn't fair for the
Board members to attend when this was the only agenda item and not
have Mr. Rodrigues attend.
Mr. Perlmutter suggested that Mr. Rodrigues should let the Board know
in time if he was not going to attend.
Ms. Portman read the Wetland regulations.

There being no further business, Mr. Perlmutter moved to adjourn the
meeting.
Ms. Becker seconded.
Motion carried unanimously.
Respectfully submitted,

CARMEN G. MARIAMD
Recording Secretary

-2-

�f

?

FREDERICK P. CLARK ASSOCIATES, INC.
Planning/Development/Environment/Transportation
Rye, New York and Southport, Connecticut

David J. Portman, A,CP
Howard I. Reynolds PE
David H. Stolman, AICP

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

Michael A. Galante
F . Meder&gt; AICP
Jim Donovan, RLA. ASLA
Joanne

MEMORANDUM
To:

Village of North Tarrytown Planning Board

Date:

July 13, 1995

Subject:

Review of Chestnut Ridae/Hillside Court Site Plan

Plans:

Site plan sheets SD1 and SD2 prepared by Turnquist
Architects, revised 6/8/95.

1.

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

2.

Plan Revisions:
Additional planting details (not to scale) were shown on
the plan.
Evergreens added at a few locations along new retaining
wall on easterly side of site.

3.

Parking and Circulation:
Two handicap parking spaces are shown. According to the
Department of State, «each of the spaces should have a
loading aisle of eight feet in width.
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 (see enclosure).
The curb radius for the driveway onto Depeyster Street
should be increased.

4.

Landscaping and Buffers:
A shade tree should be added to the parking
between spaces #2 0 and 21.

island

Item E on the planting schedule, Pink Flowering Dogwood,
should be changed. The surrounding pavement will make

Connecticut • (203) 255-3100

FAX • (914) 967-6615

Long Island • (516) 364-4544

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

the area too hot for that species. Honey locust or other
similar species may be substituted.
5.

Environmental Review; The Planning Board may either ask for
additional
information
or
make
a
determination
of
significance.
Susan J. Portman, AICP, Associate/Planning

Enclosure
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 Turnquist

500\not5-007.sjp:aj

2

�§ 1101.1

SUBTITLE S HOUSING AND COMMUNITY RENEWAL

PART 1101
GENERAL REQUIREMENTS
(Statutory authority: Executive Law, §§ 375, 377)
Sec.
1101.1 Sites, exterior facilities and parking
1101.2 Entrances
1101.3 Interior accessible routes

Sec.
1101.4 Interior accessible facilities and elements
1101.5 Means of egress
1101.6 Assembly spaces
Historical Note
Part (§§ 1101.1-1101.6) filed Aug. 7, 1973; amd. filed Nov. 12, 1973; repealed by L.
1981, ch. 707, § 12. eff. Dec. 31.1983; new (§§ 1101.1-1101.7) filed Dec. 13,1983; repealed,
new (§§ 1101.1-1101.6) filed April 1.1994 eff. April 20, 1994.

S e c t i o n 1101.1 Sites, exterior facilities and parking, (a) At least one accessible route shall be provided within the site boundaries from public transportation stops,
accessible parking spaces, passenger loading zones, and public streets or sidewalks, to
entrances of each accessible building a s required in section 1101.2 of this Part.
(b)

Where toilet facilities or bathing facilities are provided, each shall be accessible.

(c) Where drinking fountains are provided, not less than 50 percent, but at least one,
shall be accessible.
(d) Parking areas or garages. Where parking a r e a s or garages are provided, accessible parking spaces shall be provided a s follows:
(1) in group B l and B3 occupancies; in an amount equal to not less than five percent of the number of dwelling units but at least one;
(2) in group B4 occupancies; not less than five percent of the total number of
parking spaces but at least one;
(3) in group B2, Cl, C2, C3, C4, C5 and C6 occupancies; accessible parking spaces
shall be provided in conformity with table 1-1101 and shall be dispersed and located
closest to the accessible entrances;
(4) accessible parking spaces shall conform to reference standard RS 72, except
that access aisles shall be at least 8'0" in width, and minimum vertical clearances at
accessible spaces and vehicular access routes to and from such spaces in parking
garages and open parking structures exceeding 1,000 square feet in area, shall be 9'6"
on the entry level and 8'2" on other levels; and
(5) passenger loading zones serving accessible entrances shall be accessible in
conformity with reference standard RS 72. Such accessible loading zones shall be
located in proximity to accessible building entrances.
TABLE 1-1101
REQUIRED NUMBER OF ACCESSIBLE PARKING SPACES
Total parking spaces in
lot or garage
1 to 25
26 to 50
51 to 75
?6 to 100
101 to 150

Number

'•2- 3

1
2
3
4
5
638.243

EX

4-30-94

�F R E D E R I C K P. CLARK A S S O C I A T E S , I N C .
Planning/Development/Environment/Transportation
Rye, New York and Southport, Connecticut

David J. Portman, A,CP
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:

August 14, 1995

Subject:

Colabella Wetlands Permit

This is a supplement to the memorandum dated August 11, 1995.
It is indicated on the wetlands permit application that a portion
of the wetlands/watercourse buffer area (of the Pocantico River)
will be disturbed in order to construct a two-family dwelling. The
dwelling is shown on the plan as being located within a few feet of
the wetlands/watercourse buffer area. The buffer area will be
disturbed during construction of this dwelling.
The amount of
disturbance is not yet clear.
In the previous memorandum we
requested that the drawing be revised to specifically annotate the
limit of the wetlands area and to note the date of the wetlands
delineation and the name of the individual or firm who performed
it. The delineation will clarify the location of the boundary of
the buffer area and determine whether the dwelling itself is
actually proposed to be located within the buffer area.
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 A. DiGennaro, Village Engineer
David I. Christmas, RA

500\not5-022.sjp

Connecticut • (203) 255-3100

FAX • (914) 967-6615

Long Island • (516) 364-4544

�R E V I S E D

D R A F T

RESOLUTION
Adopted at the May 19, 1994 and Revised at the June 15, 1995
Meeting of the Village of North Tarrytown Planning Board
RESOLUTION:

SUBDIVISION APPROVAL
PROPOSED ACTION: SUBDIVISION OF PROPERTY INTO TWO
(2) LOTS
OWNER: ESTATE OF ANNA DE CARLO
APPLICANT:
JOHN AND MAUREEN PETRY; PETER AND
COLLETTE WEINSTEIN
LOCATION: 41 AMOS STREET AND THE EASTERN SIDE OF
WEBBER AVENUE
TAX DESIGNATION: SECTION 17, BLOCK 7, LOT 18
ZONING: R-3 RESIDENTIAL

�RESOLUTION
Adopted at the May 19, 1994 and Revised at the June 15, 1995
Meeting of the Village of North Tarrytown Planning Board
RESOLUTION:

SUBDIVISION APPROVAL
PROPOSED ACTION: SUBDIVISION OF PROPERTY INTO TWO
(2) LOTS
OWNER: ESTATE OF ANNA DE CARLO
APPLICANT:
JOHN AND MAUREEN PETRY; PETER AND
COLLETTE WEINSTEIN
LOCATION: 41 AMOS STREET AND THE EASTERN SIDE OF
WEBBER AVENUE
TAX DESIGNATION: SECTION 17, BLOCK 7, LOT 18
ZONING: R-3 RESIDENTIAL
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 other requirements of the Village Code
considered pertinent to the application, which application is to
subdivide property located on the western side of Amos Street and
the eastern side of Webber Avenue at 41 Amos Street into two (2)
lots for single-family residential development; and
WHEREAS, Lot 1 would be approximately 6,554.4 square feet in
size and would contain the existing dwelling and Lot 2 would be
approximately 5,999.7 square feet in size, as shown on the drawing
prepared by John J. Muldoon, Professional Land Surveyor, and
further identified as follows:
"Subdivision of Lands of the Estate of Anna DeCarlo, Situate
at North Tarrytown, Town of Mount Pleasant, Westchester
County, N.Y.," scale 1" = 2 0 ' , dated April 7, 1994; and
WHEREAS, the Applicant proposes to remove the existing garage
and driveway from Lot 2; and
WHEREAS, the Applicant will provide a driveway and a parking
space for the existing house on Lot 1; and
WHEREAS, as per Section 12B(2)(b) of the Subdivision
Regulations, the Applicant has agreed to show on the plat a strip
of land to be dedicated which is 0.25 feet wide extending along the
entire frontage of both Lots 1 and 2 along Webber Avenue; and
WHEREAS, the site has been visited by the Village's Planning
Consultant, Engineering Consultant and the Planning Board is
thoroughly familiar with the site and all aspects of the proposed
subdivision; and

�WHEREAS, a duly advertised public hearing was held at the
Village Hall on May 19, 1994, at which time those wishing to be
heard were given the opportunity to be heard; and
WHEREAS, in the course of this 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 of $2,510;

2.

Caused field inspections to be made of the property and of the
surrounding area;

3.

Referred the application to the Westchester County Planning
Board pursuant to Sections 239-1, m and n of the General
Municipal Law because the subject property is located on a
County road (Webber Avenue);

4.

Requested, received and considered comments from the Village
Planning Consultant, the Village Engineering Consultant and
the Building Inspector;

5.

Requested, received and reviewed a short Environmental
Assessment Form (EAF) in compliance with the New York State
Environmental Quality Review Act (SEQRA);

6.

After review of said field conditions, recommendations and
EAF, as well as other materials and matters noted above, the
Planning Board has determined that the proposed action is an
Unlisted Action and made a Negative Declaration on March 17,
1994, and noted on the EAF its determination of nonsignificance of environmental impact.

NOW, THEREFORE, BE IT RESOLVED, that said application for
subdivision approval for a two (2) lot subdivision, as shown on the
drawing entitled "Subdivision of Lands of the Estate of Anna
DeCarlo Situate at North Tarrytown, Town of Mount Pleasant,
Westchester County, N.Y.", scale 1" = 20', dated April 7, 1994,
prepared by John J. Muldoon, Professional Land Surveyor, be and is
hereby 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 resolution and upon the final mylar copy of the
subdivision plat drawing revised as necessary to show compliance
with the following conditions, and the Applicant may obtain the
endorsement of the Westchester County Department of Health on the
final subdivision plat which endorsements 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, and the offices of the Westchester
2

�County cl^rk, provided, however, that this subdivision approval
shall empire within one hundred eighty (180) days from the date of
this resolution if the following conditions have not been completed
to the satisfaction of the Planning Board and the Applicant has not
obtained a building permit for construction of the driveway and
parking space on Lot 1:
1.

A l l references to the "Applicant"
Applicant's successor and assigns.

shall

include

the

2.

The Applicant shall pay to the Village of North Tarrytown:
2.3. An inspection fee for construction inspection of the
property for compliance with this resolution, including
the provision of a driveway and parking space on Lot 1,
in accordance with the Village of North Tarrytown Zoning
Code;
2. 2

3.

The reimbursement of all application review fees as noted
and required in Section 62-30(f) of the Village Zoning
Code.

Revision of the above noted plat to demonstrate the following:
3. i

The plat shall be revised and titled "Final Subdivision
Plat;"

3.2

A line shall be provided for the endorsement of the
Westchester County Department of Health;

3.3

The date of this resolution shall be noted on the final
subdivision plat.

4.

Th.e Applicant shall comply with the requests of the Village
Engineering Consultant as described in his memoranda to the
North Tarrytown Planning Board dated April 28, 1994 and June
I S , 1995.

5.

Trie owners of the adjacent property shall be permitted to
svabmit a report prepared by their consultant for review by the
Village Engineering Consultant.

6.

Trie driveway .and parking space on Lot 1 and any future
improvements on Lot 2 shall be constructed so as to yield no
n^t increase in stormwater runoff. The drainage plan for Lot
1 and, at that time that a house and driveway may be proposed
for construction on Lot 2, the drainage plan for Lot 2 shall
b&lt;s prepared to the satisfaction of the Village Engineering
Consultant. The driveway for Lot 2 shall be graded so as to
sXope towards the south, away from the neighboring property to
trie north.
3

�Prior to the issuance of a certificate of occupancy for the
driveway and parking space on Lot 1, the Applicant shall
submit to the Village Building Inspector a reproduction of the
construction drawing complete with the certification of a
professional architect and/or professional engineer attesting
to construction of the site improvements as shown thereon.
The driveway and parking space on Lot 1 shall be completed to
the satisfaction of the Village Building Inspector within
eighteen (18) months from the date of the issuance of a
building permit and prior to the issuance of a certificate of
occupancy. The Planning Board may issue an extension on this
time limit, or may modify any of the above conditions with
respect thereto, for good cause.
The Planning Board reserves the right to make a final field
inspection of the project after construction of the
improvements, 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 parking, drainage, access,
paving and other details, which do not comply with the
approved plat and the interest of safety, convenience,
aesthetics and the enjoyment and peace and quiet of adjacent
neighbors.

PLANNING BOARD
VILLAGE OF NORTH TARRYTOWN
2L.

^ .

/,

i t z , Chairma
o r t h Tarryto

Date:
lanning Board

500\not4-012.sjp.crc

4

10

idfiS

�C H A R L E S A.
CONSULTING

MANGANARO
ENGINEERS

MEMORANDUM
TO:

Village of North Tarrytown

FROM:

Mark A. DiGennaro
Charles A. Manganaro Consulting Engineers, P.C.

DATE:

October 19, 1995

RE:

Chestnut Ridge/Hillside Court
Village of North Tarrytown, NY
CAMCE No. 800-24

We have received some structural information from the applicant's engineer in response to our
memorandum of September 18, 1995, on October 11. This information consisted of structural
retaining wall calculations transmitted for review via fax without any plan indicating the
revisions. We attempted to contact the applicant with regard to the submittal on October 13,
1995 to discuss the submittal but were unsuccessful.
Regretfully, we were unable to perform a review of the submittal due to the following reasons:
•

The submittal was received 3 business days before the Planning Board Meeting.

•

The submittal was incomplete and did not address all of the comments in our September
18, 1995 memorandum.

•

The Plan which was received on October 13, 1995, is not complete and does not clearly
indicate any revisions.

•

From a review perspective, the project direction is unclear with respect to the retaining
wall design and the fact that the Applicant has changed his structural engineer adds to the
ambiguity.

Based on the above, we recommend that the applicant clarify all of the relevant submittals and^
resubmit to the Village, three complete sets of plans and details clearly indicating any revisions.
Once we receive a clarification from the Applicant and have a clear understanding of the
proposed project improvements, we will advise the Planning Board accordingly.
cc:

Jim Margotta
Ron Turnquist
Susan Portman
Janet Gandolfo

F \AWN-ngOO-2-4\MDIOI95MJRi

�«

Approved with respect to substance and form:

Village
Dc/ted:

Approved by the Planning Board

^r. I

Acting Chairman

Filed with Village Clerk

a. a,

Clerk or"'Deputy Clerk

Dated:

frfKJjf

U^JZ /&lt;rsi?&lt;?&lt;r
DatsLtff Meeting

+

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