https://sleepyhollow.localarchives.org/files/original/ef65038f1f133275563b0fba15675160.pdf 2031c41378c4ba535a6e41674e28658a PDF Text Text REGULAR MEETING NORTH TARRYTOWN, NEW YORK JUNE 16,1994 A regular meeting of the North Tarrytown Planning Board was held on June 16,1994 at 8:00 P.M. in the Village Hall, 28 Beekman Avenue, North Tarrytown, New York. PRESENT: George Hritz, Chairman Donald Caetano Ellen Tsangaris Steven Salman James Donovan Edward McCarthy David Perlmutter ALSO PRESENT: Janet Gandolfo, Attorney James Margotta, Building Inspector Joseph Gulino, CAMCE Susan J. Portman, Assoc/Planning Jose Blanco, Trustee Chairman Hritz called the meeting to order at 8:00 P.M. 1. 176-178 North Washington Street - Subdivision. Mr. Hughes: "May 1, Mr. Chairman, pass out these revised plans to show you what I'm talking about" The plans were passed out. "We discussed this the last time, it's a minor subdivision. We bad some delays here, we continue to have delays. But anyway, there are a few items remaining to be done. I'm going to ask you tonight to consider giving my client conditional approval to sub-divide this properly. Only because it's such minor subdivision. These are two nonconforming structures owned by the same family. If you recall, one is a 4-famiIy and a 1-family structure. They're non-conforming pieces. They have existed there for many, many years and the only purpose of this is to allow this application, this one family home to be sold separately. Nothing is to be changed in structure or building by this application." Chairman Hritz: "What about the driveways - are they both on Washington Street?" Mr. Hughes: "There's only one driveway". �PAGE # 2 Chairman Hritz: "Are there any members of the public here for this matter other than the applicant?" No members of the public addressed the board. Chairman Hritz: "There is one thing we need to do. We have a short form EAF here available to members. Do we have a motion to make a negative declaration." Don Caetano: "So moved." Ellen Tsangaris: "Second." Chairman Hritz: "All in favor." Motion carried unanimously. Mr. Hughes: "There are two memorandaums which I have that both consultants have agreed upon with minor changes." Chairman Hritz: "Can you summarize them for us quickly, Susan?" Susan Portman: "I think the two main comments that we had were to move the subdivision line so as to divide the driveway without dividing up the front yard of the single family house. Also, the plan should be revised to show the casements. There was a discussion regarding the driveway between board and Mr. Hughes. Chairman Hritz: "Do we have a motion to make a negative declaration and to grant conditional approval of the subdivision." Edward McCarthy: "So moved." Don Caetano: "Second." Chairman Hritz: "AH in favor." Motion carried unanimously. 2. Application of Phelps Memorial Hospital Center for Site Plan Approval. �PAGE # 3 The Chairman asked if there was any member of the public who wished to address the Board. Todd Jack, site manager for the project was present on behalf of the applicant. Todd Jack: "Here's the site plans you requested for the fence." Chairman Hritz: "Let me see that." Todd Jack: "I'm presenting two documents. One is the site plan showing the construction of the fence and the second one is the West parking lot. Chairman Hritz: "Now, let me make a couple things clear. Has the distance of the fence changed at all?" Todd Jack: "No, it hasn't." Chairman Hritz: "Has the configuration of the parking lot changed at all?" Todd Jack: "No, it hasn't." Chairman Hritz: "And the size is the same. This is just a specification of what was previously discussed.?" Todd Jack: "Correct." Janet Gandolfo: "Are these the revised plans?" Does the building department have a complete set of the revised plans?" James Margotta: "This is what we have right now>" Chairman Hritz: "And this is a plan for a six foot fence?" Todd Jack: "Correct." Chairman Hritz: "If I could ask this council to discuss an idea that we had on how to expedite the approval of a six foot fence. Phelps did not want to build a six foot fence but we are reguesting this as an accommodatiom to the neighbors. The fence is in the middle of the project, not along the outside of the property line. If this board approves it, it isn't necessary to go back and forth to the Zoning Board." Attorney Gandolfo stated that the applicant would not need a variance. The Planning Board can make this a requirement of the site plan approval. T* �PAGE #4 Chairman Hritz: And I understand the hospital has paid all the fees it owes to date. Are there any further questions from any of the members of the board? Any further comments.? Attorney Gandolfo stated that she was concerned about the sewer hook-up agreement between IBM, Phelps and the Village. They have had several meetings regarding this issue and to date, the Village has not received a written proposal for the terms of the agreement. She stated that this site plan approval would be conditional upon the Village's engineer and counsel reviewing any agreement and approving same. Phelps should understand that no Certificate of Occupancy would be granted unless this agreement is executed. Discussion continued about the hook-up between IBM and Phelps. Chairman Hirtz: "Subject to these conditions, do we have a motion to approve these plans." Donald Caetano: "I make a motion to make a negative declaration and to approve the plans according to the conditions stipulated by the board." David Perlmutter: "Second." Chairman Hritz: "All in favor?" Motion carried unanimously. 3. John and Maureen Petry - 41 Amos Street - Subdivision. Chairman Hritz: "This next matter is John and Maureen Petry - 41 Amos Street. This matter has been previously approved. What we're back here for the approval of a resolution, which we had amended at our last meeting." He went on to read the resolution. Steven Salman: "I've got a question - when this lot is sold, do these stipulations and conditions go along with the deed?" Chairman Hritz: "Yes, this is the resolution adopted by the planning board and any title the lawyer looking at the history of the property is going to discover that there are restrictions and conditions of record." Steven Salman: "We have seen it before where people come up to Jim Margotta and they don't know about the conditions and then there is a problem." �PAGE #5 Chairman Hritz: "That's their problem. When a person buys property he should do a thorough search." Steven Salman: "Does this go along with the deed when it's sold?" Janet Gandolfo: "If a proper title search is done before purchase, the Building Department is contacted and this file remains a record of the Building Department." Discussion continued about the resolution - the possible sale of the house and the conditions being met. Chairman Hritz: "As amended, is there a motion to approve the resolution?' Don Caetano: "So moved." Steven Salman: "Second" Motion carried unanimously. 4. Rock of Salvation, Cortlandt Street - Continuation of Public Hearing for Site Plan Approval. Chairman Hritz: "I can report that the sub-committee and representatives of the Church and members of the Union Hose Fire Company met a few weeks ago to discuss possible remedies to the vehicular and pedestrian traffic, as well as looking at possible remedies for the parking problem. Also attending the meeting was Mr. Jose Blanco, as a representative of the Board of Trustees. He is here with us tonight. In order to expedite this matter, I took the liberty of suggesting to Mr. Blanco that he raise a number of issues with the board in the work-section for discussion. Those issues will be dealt with at a public hearing of the Board of Trustees to be held on July 19. I would like to ask Mr. Blanco if he could report to the board and the public as to the position of the Board of Trustees." Mr. Jose Blanco: "I think basically the Board of Trustees discussed some ideas - 1 made a sketch of them. I think I gave copies to everybody here. The idea of the traffic light being by the firehouse went over well. Also, the yellow zone on the curve, all the way around the Firehouse went well. Keep in mind that both of these are still open for public hearing. We'll have to see what the public has to say about this." ft Chairman Hritz: "Thank you." The chairman went on to discuss the ideas of the sub-committee. What the sub-committee already did, based on the discussion at the time, was to put everything on the table, including pre-existing situations. i �Trying to come up with some ideas on how to deal with problems that exist presently with the Fire Department and also to explore further what additional problems might arise as a result of site plan approval. The idea of the traffic light being installed, Mr. McCathy's idea, right at the intersection of College Avenue Cedar Street - Cortlandt Street, which light could be activated from the Firehouse so that the Police Department won't have to be called upon, was generally thought to be a good idea. Chairman Hritz went on to read other options being considered. He stated that no solutions at this point have been made. He then asked if there were any comments from the public. Mr. Miguel Jimenez: "I'm resident of North Tarrytown and a member of the Rock of Salvation Church. I don't know the intention of this board tonight. If they going to take a vote or not on the Church. I know the public hearing takes 3 months before they make any kind of decision and I know the Church doesn't have the resources in order to wait such a long period. We been waiting more than 3 or 4 months already. I know the board is considered this project very deep. As a person, a community person, I implore to this board tonight to take a vote and to grant a variance to the Rock of Salvation Church. Thank you." Chairman Hritz: "Trustee Blanco, can you tell us what your best guess is of when the parking and traffic light issues could be resolved by the Trustees." Jose Blanco: "The first thing with the traffic light issue is to find out the cost. At that point, prepare a resolution for the public hearing at a later date. For the summer, we only have one official board meeting. So we may be looking for that meeting in July." Chairman Hritz: "What part of July is it?" Jose Blanco: "Mid-July." Chairman Hritz: "Before the 3rd Thursday in July?" Jose Blanco: "I believe the meeting is going to be actually on July 19." Discussion between Chairman Hritz and Jose Blanco continued about the parking and the traffic light and the approval by the Board of Trustees. Donald Caetano: "I don't feel that we should discuss anything further. I feel that we should table it. We have to know what the Board of Trustees action is going to be. I don't care what the lawyer says. We have to do this in a proper manner so that the Village won't be liable in any way. I wish to make a motion on the floor that this be tabled until further notification from our Board of Trustees �about the traffic light. Whether it's going to be put in after the job is completed and that they give their approval. I would like to have it clarified in all ways." Chairman Hritz: "May i suggest that you hold your motion. There are a couple of members who may want to speak." Discussion continued about the traffic light and parking. Some members of the audience stated their views. Chairman Hritz stated that he felt that the general consensus of the Planning Board was to approve the application but that they would like to work out these issues prior to a vote. He indicated that a vote should be taken at the July meeting. He attempted to assure the church that matters were being handled as expeditiously as possible but that they did have to consider the concerns raised by the Fire Department. David Perlmutter: "We are going from a very low density use to a high density use and I think that it behooves the Village to move slowly to make sure that all concerns are addressed." Donald Caetano: "I move to table this approval." David Perlmutter: "Second." Chairman Hritz: "All in favor?" Motion carried unanimously. 5. Prelimary discussion re: Philips Plaza, North Broadway Antonio Rodriquez gave the board a brief overview of his project. Adjourned to July meeting for further discussion. The Planning Board confirmed that all previous Planning Board minutes have been approved as amended and corrected and submitted to the Village Clerk. There being no further business, the meeting was adjourned. Respectfully submitted, Carmen G. Mariano Recording Secretary _ �D R A F T RESOLUTION Adopted at the June 16, 1994 Meeting of the Village of North Tarrytown Planning Board RESOLUTION: SUBDIVISION APPROVAL PROPOSED ACTION: SUBDIVISION OF PROPERTY INTO TWO (2) LOTS OWNER AND APPLICANT: MARCELLO VISCOGLIOSI LOCATION: 176-178 NORTH WASHINGTON STREET TAX DESIGNATION: SECTION 16, BLOCK 8A, LOT 15 ZONING: R-5 RESIDENTIAL �RESOLUTION Adopted at the June 16, 1994 Meeting of the Village of North Tarrytown Planning Board RESOLUTION: SUBDIVISION APPROVAL PROPOSED ACTION: SUBDIVISION OF PROPERTY INTO TWO (2) LOTS OWNER AND APPLICANT: MARCELLO VISCOGLIOSI LOCATION: 176-178 NORTH WASHINGTON STREET TAX DESIGNATION: SECTION 16, BLOCK 8A, LOT 15 ZONING: R-5 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 a property which is approximately 5,800 square feet in size and is located on the east side of North Washington Street into two (2) lots for residential development; and WHEREAS, Lot 1 would be approximately 2,726 square feet in size and would contain the existing single-family dwelling (176 North Washington Street) and Lot 2 would be approximately 3,082 square feet in size and would contain the existing four-family dwelling and garage (178 North Washington Street), as shown on the drawing originally prepared by John J. Muldoon, Professional Land Surveyor, and further identified as follows: "Subdivision Map Prepared For Marcello Viscogliosi & Ellen Balea, Situate Village of No. Tarrytown, Town of Mt. Pleasant, Westchester Co., N.Y.," scale 1" = 10', dated January 20, 1994; and WHEREAS, the presence of two (2) principal buildings on one (1) lot is an existing non-conformity, which non-conformity will be eliminated by this subdivision; and WHEREAS, all references to the "Applicant" shall include the Applicant's successor and assigns; and WHEREAS, in July 1993, the Zoning Board of Appeals granted all variances which that Board determined were necessary for this subdivision application; and WHEREAS, easements will be provided for the use of and access to the common driveway and parking area; and �WHEREAS, the Applicant has revised the location of the proposed subdivision line on the plat, as requested by the Planning Board; 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 and continued through June 16, 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 $250; 2. Caused field inspections to be made of the property and of the surrounding area; 3. Referred the application to the Village of Tarrytown, pursuant to Section 452 of the Westchester County Administrative Code and the Village of North Tarrytown Subdivision Regulations, and to the Westchester County Planning Board, pursuant to Section 239-n of the General Municipal Law, because the subject property is located within 500 feet of the municipal boundary with the Village of Tarrytown; 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 full 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 declared itself the Lead Agency and issued a "Negative Declaration" determination of non-significance of environmental impact for this Type I Action on June 16, 1994. NOW, THEREFORE, BE IT RESOLVED, that said application for subdivision approval for a two (2) lot subdivision, as shown on the drawing, "Subdivision Map Prepared For Marcello Viscogliosi & Ellen Balea, Situate Village of No. Tarrytown, Town of Mt. Pleasant, Westchester Co., N.Y.," scale 1" = 10', dated January 20, 1994, 2 �prepared by John J. Muldoon, 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 mylar subdivision plat which endorsements shall permit filing in the offices of the Westchester County Clerk, provided, however, that this subdivision approval shall expire 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: 1. The Applicant shall pay to the Village of North Tarrytown the reimbursement of all application review fees as noted and required in Section 62-30(f) of the Village Zoning Code. 2. Revision of the above noted plat to demonstrate the following: 3. 2.1 The plat shall be revised and titled "Final Subdivision Plat;" 2.2 The plat shall be revised to show the correct street addresses of the existing buildings; 2.3 The final plat shall comply with the requirements of Section 11 of the Village of North Tarrytown Subdivision Regulations; 2.4 The signature block for the endorsement of the Planning Board Chairman shall be revised to comply with Section ll.A(l)(c)(14c); 2.5 The parking and driveway easements shall be shown on the plat; 2.6 The date of this resolution shall be noted on the final subdivision plat. The Applicant shall comply with the requests of the Village Engineering Consultant in his memorandum dated April 28, 1994. PLANNING BOARD VILLAGE OF NORTH TARRYTOWN 500\not4-044.sjp.crc 3 �FREDERICK 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, 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: June 10, 1994 Subject: Review of Philipse Plaza Site Plan As requested, we have reviewed the site plan application known as "Philipse Plaza" for a property approximately 42,800 square feet in size located along the east side of North Broadway, opposite Philipsburg Manor and the intersection of North Broadway and Pocantico Street, in the C-l Highway Commercial District. The Philipse Plaza site plan application was originally submitted to the Planning Board in February 1993 and was reviewed through June 1993, at which time the Applicant requested the deferral of the review until this recent submission. This site plan submission is slightly different from the version of the plan the Board reviewed last spring. The property currently contains two buildings. One building houses Antonio Cabinetry (a manufacturing use) and the other contains Uncle Jerry's Italian Deli (a delicatessen use). Antonio Cabinetry was the subject of a site plan application which was approved February 20, 1992, and received use and area variances. The Applicant is proposing to remove the existing delicatessen building, replace it with a two-story commercial building (containing retail uses on the first floor and office on the second) and continue the manufacturing use of the Antonio Cabinetry building. The proposed building will contain 11,680 square feet of floor area, including 5,040 square feet of retail space and 6,640 square feet of office space. This is an increase of 1,280 square feet from the plan drawings submitted previously. The Applicant has proposed that the delicatessen building remain standing and in operation until the new building is complete. Part of the site is steep and much of it is proposed to be regraded. The Applicant has submitted the following plans: 1. Sheet CA, Sketch of Proposed Facade, "Philipse Plaza, Village of North Tarrytown, New York," dated February 22, 1993 and most recently revised April 26, 1994, prepared by Contadino Architects; Connecticut • (203) 255-3100 FAX • (914) 967-6615 Long Island • (516) 364-4544 �FREDERICK P. CLARK ASSOCIATES, INC. Planning/Development/Environment/Transportation 2. Sheet 1, "Site Survey, Topographic Map Prepared For Antonio & Linda Rodrigues, Situate Village of No. Tarrytown, Town of Mt. Pleasant, Westchester Co., New York," scale 1" = 20*, dated April 5, 1993 and most recently revised April 26, 1994, prepared by Contadino Architects and John J. Muldoon; 3. Sheet 2, "Area Map, Site Plan, Philipse Plaza, Village of North Tarrytown, New York," scale 1" = 2 0 ' , dated April 26, 1994, prepared by Contadino Architects; 4. Sheet 3, "Site Grading Plan, Philipse Plaza, Village of North Tarrytown, New York," scale 1" = 20', dated April 26, 1994, prepared by Contadino Architects; 5. Sheet 4, "Deli Operation Plan, Philipse Plaza, Village of North Tarrytown, New York," scale 1" = 2 0 ' , dated April 26, 1994, prepared by Contadino Architects; 6. Sheet 5, Visual Impact, "Philipse Plaza, Village of North Tarrytown, New York," scale 1" = 10', dated April 26, 1994, prepared by Contadino Architects; 7. Sheet 6, "Ground Floor Plan, Second Floor Plan, Philipse Plaza, Village of North Tarrytown, New York," scale 1/8" = 1', dated April 26, 1994, prepared by Contadino Architects; and 8. Sheet 7, Elevations, "Philipse Plaza, Village of North Tarrytown, New York," dated February 22, 1993 and most recently revised April 26, 1994, prepared by Contadino Architects. REVIEW COMMENTS 1. Antonio Cabinetry: The site plan approval for Antonio Cabinetry was for the conversion of an existing 8,800 square foot building. The Applicant received the necessary area and use variances to operate a light manufacturing use in the C-l District. In its January 7, 1991 review of the variances, the Westchester County Planning Board recommended: "The Village should consider the practicality of the proposed parking layout. The current plan appears to have limited turnaround and aisle areas. The plan should be reviewed to ensure that cars will not be required to back out onto the State highway." 2 �FREDERICK P. CLARK ASSOCIATES, INC. Planning/Development/Environment/Transportation Recognizing the limitations of the parking design, in a February 20, 1992 memorandum to the Village of North Tarrytown Planning Board, our firm recommended that: " . . . any approvals that may be forthcoming with regard to the cabinetry shop application be conditioned upon a requirement that the cabinet shop's parking area be reexamined whenever an application is made for the redevelopment of the remainder of the property. In this way, at some point in the future, it may be possible to improve upon the type parking and circulation area shown on this plan." The resolution of site plan approval, dated February 22, 1992, included the following condition: "2. The applicant shall apply for amended site plan approval so as to revise his parking and circulation plan to the satisfaction of the Planning Board at the time of application for any site plan approval, subdivision approval or building permit that affects the remaining portion of the property . . . located immediately to the north of the proposed kitchen cabinet manufacturing shop and associated parking area." The Code will only allow more than one principal building on a property when it is designed as a "planned development group." The parking and loading area for Antonio Cabinetry should be redesigned and coordinated with that which is being proposed on the remainder of the site. The entire site should be shown on the proposed site plan and this application should then be considered an application for amended site plan approval affecting all uses on the entire lot. 2. Zoning Compliance: The proposed retail and office uses are consistent with the Village's plans, including the December 1993 "C-l Highway Commercial District Planning and Zoning Study," and the principal uses permitted by the Zoning Code in the C-l District. The C-l District does not require a minimum lot size, minimum lot width or minimum side yard setbacks for the proposed uses. The site appears to comply with the maximum lot coverage for a planned development group of 35%. The proposed building complies with the required minimum front yard setback. The proposed building does not comply with the required minimum rear yard setback of 2 0 feet as only 15 feet is provided. The plan will either need to be revised or a variance obtained from the Zoning Board of Appeals (ZBA) . 3 �FREDERICK P. CLARK ASSOCIATES, INC. Planning/Development/Environment/Transportation The maximum building height permitted is 35 feet and the proposed building is 35 feet at its highest point. (However, according to the Code, building height for a sloped roof is measured as the average of the slope, which would probably be about 31 feet in the case of the proposed building.) 3. Parking and Loading: We assume that the entire first floor will be retail and service business uses and not contain other uses (such as a restaurant with seats, which has a different parking standard). Based on the parking standards for office and retail uses, a minimum of 47 parking spaces are required. However, only 40 spaces are shown on the plan. Also, the plan notes that 32%, or 13, of the spaces are designed for compact cars. The Zoning Code requires spaces to be 9' X 20' and those spaces which are not designated "compact" on the plan are shown as 10' X 18'. The reduction in number of parking spaces and the change in size of the parking space should either be revised or variances obtained from the ZBA. In addition, the eight spaces required for the Cabinetry building should be shown on the plan. The aisle shown on the site plan is 20 feet wide. We recommend a 24-foot wide aisle. However, if the aisle is widened, the extra few feet will have to be taken from the building and/or the rear yard. The Applicant should consider using angled parking and one-way traffic flow. Also, the site plan should try to incorporate a continuous sidewalk along its frontage. Two handicap spaces are shown on the plan. However, including the required parking for Antonio Cabinetry, the total number of required parking spaces on the site would be 55. Three of the 55 required spaces must be designed for handicapped use. A handicapped-accessible ramp from the parking area to the walkway arcade should also be provided. One loading space is shown on the plan. Because the total floor area of the buildings on the site would exceed 20,000 square feet, two loading spaces may be required. 4. Circulation and Traffic: The site is located on North Broadway (Route 9) opposite the intersection of Pocantico Street and the entrance to Philipsburg Manor. It is proposed that two access drives be provided with one directly to North Broadway and, to the north, an access drive located on the portion of North Broadway to the east of the "grass island." The existing use has an almost continuous curb cut along North Broadway, and a traffic signal facing the driveway opposite 4 �FREDERICK P. CLARK ASSOCIATES, INC. Planning/Development/Environment/Transportation Pocantico Street. With the proposed redevelopment of the site, the Applicant would restrict access to two drives and, therefore, the existing traffic signal at North Broadway and Pocantico Street would no longer control access to this site. We recommend that a limited traffic study be prepared to evaluate impact of this development on North Broadway in the vicinity of the site. It is recommended that the traffic study be conducted during weekday morning and afternoon peak hours and the Saturday midday peak hour at the intersection of North Broadway and Pocantico Street/Philipsburg Manor (including the intersection with the portion of North Broadway located to the east of the southern end of the grass island) and the North Broadway intersection at East Gordon Avenue/Pierson Avenue, located north of the Pocantico Street intersection. In addition, the two proposed access drives should be evaluated during the same time periods with a oneway concept plan and with two-way access drive traffic flow, for comparison purposes. 5. Landscaping and Buffers; To the east of the property is an R4 Residence District. Section 62-9C(2) of the Code states that the required five-foot wide buffer strip between nonresidential uses and residential districts, "shall be in addition to any side or rear yard measurements." The plan does not show the required buffer area, which would increase the aggregate rear yard setback requirement to 2 5 feet as compared with the 15 feet proposed by the Applicant. The Applicant should either revise the plan to include the required buffer or try to obtain a variance from the Zoning Board of Appeals. That section of the Code also allows the Planning Board to require a fence to be provided in the buffer strip. However, due to the change in grade, it is not clear that a five-foot high fence would block the view of the nonresidential use from the residences above. In combination with the regrading and the removal of existing landscaping and trees, the plan proposes to terrace the rear of the property. We recommend increasing the amount of landscaping in this area in order to replace the existing vegetation that will be removed and as an added buffer for the houses to the east, particularly if the variances are granted. The current site plan does not show landscaping. A landscaping plan should be submitted to the Board which will include a plant list containing plant species, number and size. 6. Environmental Review: According to Part 617.12 of the State Environmental Quality Review Act (SEQR), the site plan and 5 �FREDERICK P. CLARK ASSOCIATES, INC. Planning/Development/Environment/Transportation variances for the subject property constitute a Type I action. The reasons for this determination are that the action is located "substantially contiguous to" Philipsburg Manor (which is listed on the National Register of Historic Places and is also a National Historic Landmark) and the Hudson River Shoreline Critical Environmental Area. The Applicant is required to submit a full Environmental Assessment Form (EAF). We understand that this is being prepared. A Type I action is required to undergo a "coordinated review" by the involved agencies. After review of the full EAF, the Planning Board may declare its intent to be Lead Agency in the review of this action. A notice of intent to be Lead Agency should then be circulated to the involved agencies (i.e., agencies with approval authority, including the ZBA) and interested agencies (e.g., agencies, such as the New York State Department of Environmental Conservation, which maintain an interest in the application but do not have direct approval authority). After 30 days or receipt of the responses from the other agencies, whichever comes first, the Planning Board may declare itself Lead Agency, provided no other involved agency objects, and make a Determination of Significance. The Lead Agency's preparation of a Negative Declaration or a Findings Statement (following a Positive Declaration and the preparation of an Environmental Impact Statement) will complete the SEQR review process. We would recommend that the ZBA defer its final decision until the SEQR process is completed. 7. Referral: Section 239-m of the New York State General Municipal Law requires the referral to the Westchester County Planning Board of actions including review of site plans and variances within 500 feet of any State highway (North Broadway is a State highway). However, as this was done about a year ago and as the site plan has not been changed substantially, it is our opinion that it would not be necessary to forward the application again. The following are the comments that the County had provided in a letter dated April 21, 1993 from Joseph Potenza to James Margotta: The proposed plan should be submitted to the New York State Department of Transportation (NYSDOT) for their review and approval. The proposed number of on-site parking spaces is consistent with the benchmark standards for off-street parking recommended in the County Planning Department's publication on Off-Street Parking. 6 �FREDERICK P. CLARK ASSOCIATES, INC. Planning/Development/Environment/Transportation Mixed use development at this location in the village, as proposed, is consistent with the principles of the County Planning Board's proposed Patterns For Westchester: The Land and the People. The general appearance of this area as viewed from the state highway would be improved by the proposed development. Comments more specifically relating to the potential impacts on the nearby Philipsburg Manor have been provided by the County's Historic Preservation Planner and are enclosed. In the attachment to that letter from Karen Kennedy, Historic Preservation Planner, Kennedy recommends specific building materials and that the Village communicate with the State Historic Preservation Office (SHPO) for comment on the proposed building due to its proximity to Philipsburg Manor. 8. Further Information: The plan should be revised to show the entire lot, including the Antonio Cabinetry building and parking area, as well as to respond to the above comments. If any freestanding signs are proposed, information regarding the dimensions and locations of the signs should also be provided. Michael A. Galante, Vice President/Transportation Susan J. Portman, AICP, Associate/Planning cc: Linda E. David, Village Administrator Janet A. Gandolfo, Esq., Village Attorney James T. Margotta, Building Inspector Joseph A. Gulino, PE, Village Engineer Louis Contadino, AIA 500\not4-039.sjp.crc 7 �FREDERICK P. CLARK ASSOCIATES, I N C . 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: June 10, 1994 Subject: Planning Board Meeting, June 16, 1994. As requested, I have enclosed the following materials for your consideration: 1. Draft Resolution of Subdivision Approval for the Petry/DeCarlo Subdivision Application 2. Memorandum Regarding the Philipse Plaza Site Plan Application 3. Parts l and 2 of the Environmental Assessment Form for the Viscogliosi Subdivision (176-178 North Washington Street). Susan J. Portman, AICP, Associate/Planning Enclosures cc: Linda E. David, Village Administrator Janet A. Gandolfo, Esq., Village Attorney James T. Margotta, Building Inspector Joseph A. Gulino, PE, Village Engineer 500\not4-040.sjp Connecticut • (203) 255-3100 FAX • (914) 967-6615 Long Island • (516) 364-4544 �D R A F T RESOLUTION Adopted at the May 19, 1994 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 LOCATION: 41 AMOS STREET AND THE EASTERN SIDE OF WEBBER AVENUE TAX DESIGNATION: SECTION 17, BLOCK 7, LOT 18 ZONING: R-3 RESIDENTIAL �V RESOLUTION Adopted at the May 19, 1994 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 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" = 20', 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 off of Webber Avenue; and WHEREAS, as per Section 12B(2)(b) of the Subdivision Regulations, the Applicant has shown 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 Clerk, provided, however, that this subdivision approval shall expire 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. All references to the "Applicant" Applicant's successor and assigns. 2. The Applicant shall pay to the Village of North Tarrytown: 3. shall include the 2.1 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 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: 3.1 The plat shall be revised and titled "Final Subdivision Plat;" 3.2 The dimensions of the parking space and driveway for Lot 1 shall be shown on the plat; 3.3 A line shall be provided for the endorsement of the Westchester County Department of Health; 3.4 The date of this resolution shall be noted on the final subdivision plat. 4. The Applicant shall obtain all necessary approvals being granted by the appropriate Westchester County approval authorities with regard to the driveway to be constructed on Lot 1 off of Webber Avenue. 5. The Applicant shall comply with the requests of the Westchester County Department of Public Works as described in the letter from the Westchester County Planning Board to James T. Margotta dated March 30, 1994. 6. The Applicant shall comply with the requests of the Village Engineering Consultant as described in his memorandum to the North Tarrytown Planning Board dated April 28, 1994. 3 �7. The owners of the adjacent property shall be permitted to submit a report prepared by their consultant for review by the Village Engineering Consultant. 8. The driveway and parking space on Lot 1 and any future improvements on Lot 2 shall be constructed so as to yield no net 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 be prepared to the satisfaction of the Village Engineering Consultant. The driveway for Lot 2 shall be graded so as to slope towards the south, away from the neighboring property to the north. 9. 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 mylar reproduction of the plat complete with the certification of a professional architect and/or professional engineer attesting to construction of the site improvements as shown thereon. 10. 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. 11. 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 By: Date: George F. Hritz, Chairman Village of North Tarrytown Planning Board 500\not4-012.sjp.crc 4 �J Approved w i t h r e s p e c t t o s u b s t a n c e and form: Viljlage A t t o r n Dailed: Approved by the Planning Board Filed with Village Clerk -Clerk or- Deputy Clerk Dated: Date of (Meeting � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Planning Board Minutes & Resolutions-1994 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_PLAN_1994-06-16 Subject The topic of the resource Planning Board Minutes & Resolutions-1994 Date A point or period of time associated with an event in the lifecycle of the resource 1994