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                  <text>REGULAR MEETING

NORTH TARRYTOWN, NEW YORK
November 17, 1994

A regular meeting of the North Tarrytown Planning Board was held
on November 17, 1994 at 8:00 p.m. at Village Hall, 28 Beekman
Avenue, North Tarrytown, New York.
PRESENT:-

George Hritz, Chairman
Donald Caetano
Edward McCarthy
David Perlmutter

ALSO PRESENT:;

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

7

Chairman Hritz called the meeting to order at 8:00 p.m.
1. CONTINUATION OF SITE PLAN APPROVAL APPLICATION RE:
CHESTNUT RIDGE
Applicant requested that application review be adjourned to
December meeting.
2. CONTINUATION OF PUBLIC HEARING RE: APPLICATION FOR
SUBDIVISION BY JAMES AND MARTHA BICK, 3 TERRACE CLOSE
Frederick P. Clark Assoc, raised the issue of whether a paper
street was located on the premises in question and this issue
was addressed by John Hughes, the attorney for the applicant.
Mr. Hughes stated that he researched the title and there did
not appear to be a paper street located in that area.
Chairman Hritz asked Susan Portman whether she had any further
outstanding issues and she replied that she did not.
Chairman Hritz asked for a motion to declare the Planning Board's
intent to be lead agency in this application. Donald Caetano
made the motion, seconded by David Perlmutter.
Motion approved unanimously.
Chairman Hritz asked for a motion to make a negative declaration
for SEQR at the December Meeting. David Perlmutter mad the
motion, seconded by Donald Caetano. Motion approved unanimously.
3. CONTINUATION OF PUBLIC HEARING RE: APPLICATION FOR
SUBDIVISION BY AL PECK, IRVING PLACE
The applicant distributed newly revised surveys of the premises
to the Board members.
A discussion ensued with regard to the parking available to
the property.

�PAGE #2
Chairman Hritz asked for a motion to declare the Planning
Board lead agency for SEQR. Donald Caetano made the motion,
seconded by David Perlmutter. Motion carried unanimously.
Chairman Hritz asked for a motion to make a negative declaration
for SEQR. David Perlmutter made the motion, seconded by
Donald Caetano. Motion carried unanimously.
Donald Caetano made a motion to approve the application for
subdivision. Seconded by David Perlmutter. Motion carried
unanimously.
4. CONTINUATION OF PUBLIC HEARING RE: APPLICATION OF AL PECK
SUBDIVISION OF PREMISES AT BEDFORD ROAD
Mr. Peck addressed the Board and stated that the existing lot
is 200 feet by 50 feet with one house. In order to sell the
property, he has to subdivide the lot. The required area
size for a lot in that district is 50 feet by 100 feet. Mr. peck
stated that this was a simple subdivision with no variances needed.
Chairman Hritz asked Susan Portman if she had any comments or
objections to the application. She indicated that she had no
additional comments other than the ones listed in her Memorandum
to the Board.
The Chairman asked for a motion to declare the Planning Board
lead agency. Edward McCarthy made the motion, seconded by
Donald Caetano. Motion carried unanimously.
The Chairman asked for a motion to make a negative declaration
for SEQR. Edward McCarthy made the motion, seconded by Donald
Caetano. Motion carried unanimously.
5. CONTINUATION OF A PUBLIC HEARING RE; PHILIPSE PLAZA BY
ANTONIO RODRIGUES FOR SITE PLAN APPROVAL, N. BROADWAY
Chairman Hritz asked the applicant's architect if there were
any substantial changes made from the previously submitted
plans.
The architect answered that he had redesigned the parking
configuration in respect to the Antonio Carpentry building.
He explained in more detail the changes that he made to the
parking. A discussion followed regarding the parking spaces
and the applearance of the project area.
The Chairman asked if there was any member of the public who
wished to address the Board.

�PAGE #3
Mr. Landi, a member of the public, came forward and stated
that he was very concerned about the retaining wall and how
the traffic was going to be affected by this project.
He owns the property adjacent to the project and he doesn't
want to see any increased traffic. The architect explained
the flow of traffic by referring to the site plans. A lengthy
discussion followed with regard to the traffic impact on
Old Broadway and the entire area as a result of this project.
The Board adjourned the public hearing in this matter to the
December meeting.
Chairman Hritz asked for a motion to have the Planning Board
declare its intent to be lead agency in this application for
SEQR. David Perlmutter made the motion, seconded by Donald
Caetano. Motion carried unanimously.
Chairman Hritz asked for a report from David Perlmutter with
regard to his research into the issue of the validity of
requiring recreation fees from applicants. Mr. Perlmutter
reported that he had reviewed the Dolan case decided by the
U.S. Supreme Court and it is his opinion that the Supreme
Court only addressed the "taking" of property rather than
the payment of a fee into a particular fund. He stated that
North Tarrytown should continue to enforce its requirement
for a recreation fees until this requirement is determined
to be invalid by the courts, if that be the case. Chairman
Hritz asked the rest of the Board members to take this discussion
under advisement until the next meeting.
The minutes of the October 20, 1994 meeting were approved
as submitted.
There being no further business, the meeting was adjourned.

Respectfully submitted,

Carmen G. Mariano
Recording Secretary

�RESOLUTION
Adopted at the November 17, 1994 Meeting of the
Village of North Tarrytown Planning Board
RESOLUTION

SUBDIVISION APPROVAL
PROPOSED ACTION: SUBDIVISION OF PROPERTY INTO
TWO (2) LOTS
OWNER: LEVY ESTATE
APPLICANT: ALBERT PECK
LOCATION: 15 SLEEPY HOLLOW ROAD
TAX DESIGNATION: SECTION 17, BLOCK 8, LOT 13
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 westerly side of Sleepy Hollow
Road and the easterly side of Amos Street at 15 Sleepy Hollow Road
into two (2) lots for residential development; and

WHEREAS, Lot A would be 5,000 square feet in size and Lot B
would be 5,000 square feet in size and would contain the existing
dwelling, as shown on the drawing prepared by John J. Muldoon,
Professional Land Surveyor, and further identified as follows:
"Preliminary Subdivision Map Prepared For Levy Est., Situate
Village of No. Tarrytown, Town of Mt. Pleasant, Westchester
Co., N.Y.," scale not shown (1" = 20'), date not shown; and
WHEREAS, all references to the "Applicant" shall include the
Applicant's successor and assigns; and
WHEREAS, the site has been visited by the Village's Planning
Consultant and the Planning Board is thoroughly familiar with the
site and all aspects of the proposed subdivision; and
WHEREAS, the Planning Board noted that the existing dwelling
has a deficient front yard setback and noted that this existing
non-conformity would not be aggravated by the proposed subdivision;
and
WHEREAS, on October 25, 1994, the Westchester County Planning
Board informed the Village's Planning Consultant that they had no
comments to offer on this application; and
WHEREAS, a duly advertised public hearing was held at the
Village Hall on November 17, 1994, at which time those wishing to
be heard were given the opportunity to be heard; and

�«

WHEREAS, the Planning Board considered this a minor
subdivision and treated the preliminary and final as a single
approval; 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;

2.

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

3.

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

4.

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

5.

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 November
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 "Preliminary Subdivision Map Prepared For Levy
Est. , Situate Village of No. Tarrytown, Town of Mt. Pleasant,
Westchester Co., N.Y.," scale not shown (1" = 20'), date not shown,
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 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:

2

�The Applicant shall pay to the Village of North Tarrytown the
reimbursement of all application review fees as noted and
required in Section 62-3OF of the Village Zoning Code.
Revision of the above noted plat to demonstrate the following:
2.1

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

2.2

The date and scale of the plat, the date of the survey,
and the names of all of the neighboring property owners
shall be provided on the plat;

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

PLANNING BOARD
VILLAGE OF NORTH TARRYTOWN

By:

^—

fcP-^k

Iritz, Chairman
(f^North Tarrytown Plann^Rg-^Board
500\not4-036.sjp:ev

3

Date: /*/'&gt;'JV

�RESOLUTION
Adopted at the November 17, 1994 Meeting of the
Village of North Tarrytown Planning Board
RESOLUTION

SUBDIVISION APPROVAL
PROPOSED ACTION: SUBDIVISION OF PROPERTY INTO
TWO (2) LOTS
OWNER: LEVY ESTATE
APPLICANT: ALBERT PECK
LOCATION: 21 AND 23 IRVING PLACE
TAX DESIGNATION: SHEET 78, BLOCK 15, LOT 21
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 property located at 21 and 23 Irving Place into two (2)
lots for residential development; and
WHEREAS, Lot A would be 3,096 square feet in size and would
contain the existing dwelling at 23 Irving Place and Lot B would be
3,419 square feet in size and would contain the existing dwelling
at 21 Irving Place, as shown on the drawing prepared by John J.
Muldoon, Professional Land Surveyor, and further identified as
follows:
"Preliminary Subdivision Map Prepared For Albert Peck, Situate
Village of No. Tarrytown, Town of Mount Pleasant, Westchester
Co., N.Y.," scale 1" = 2 0 ' , dated July 15, 1994; and
WHEREAS, all references to the "Applicant" shall include the
Applicant's successor and assigns; and
WHEREAS, the site has been visited by the Village's Planning
Consultant and the Planning Board is thoroughly familiar with the
site and all aspects of the proposed subdivision; and
WHEREAS, on November 16, 1994, the Zoning Board of Appeals
granted all area variances which that Board determined were
necessary for the application; and
WHEREAS, a duly advertised public hearing was held at the
Village Hall on November 17, 1994, at which time those wishing to
be heard were given the opportunity to be heard; and
WHEREAS, the Planning Board considered this a minor
subdivision and treated the preliminary and final as a single
approval; and

�The Applicant shall pay to the Village of North Tarrytown
reimbursement of all application review fees as noted
required in Section 62-3OF of the Village Zoning Code.

the
and

Revision of the above noted plat to demonstrate the follow^ ng:
2.1

The plat shall be revised and titled "Final Subdivis. ion
Plat;"

2.2

The final plat shall comply with the requirements of
Section 11 of the Village of North Tarrytown Subdivision
Regulations;

2.3

The signature block for the endorsement of the Planning
Board Chairman shall be revised to comply with Section
ll.A(l)(c)(14c);

2.4

The date of this resolution shall be noted on the fi^nal
subdivision plat.

The Building Inspector or Village Attorney shall confirm tt^at,
during the 30-day circulation period, none of the involved
agencies objected to the Planning Board becoming the I^ead
Agency.

PLANNING BOARD
VILLAGE OF NORTH TARRYTOWN

By:

hi

Date:

Chairman
Tarrytown P
500\not4-042.sjp:ev

3

Board

ll^SX

/ *"

�FREDERICK P. CLARK ASSOCIATES, INC.

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

Planning/Development/Environment/Transportation
Rye, New York and Southport, Connecticut
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:

November 11, 1994

Subject:

Review of Bick Preliminary Subdivision

As requested, we have reviewed the preliminary subdivision
application submitted by James and Martha Bick for an area
comprised of five previously subdivided building lots and a paper
street located on the northern and western sides of the Terrace
Close cul-de-sac in the R-2A Residence District.
Tax Lots 1
(Bick), 2 (LoMascolo) and 4 (Golodetz) contain existing singlefamily dwellings. Lots 8 (owned by Bick) and 9 (ownership not
known) are presently undeveloped.
The Applicant is proposing to break up Lot 9 and distribute the
pieces to Lots 2, 4 and 8, resubdivide Lot 8 to subtract a small
triangular piece (the "new" Lot 8 is shown as "Lot B") , and add the
small triangular piece from Lot 8 and the paper street to Lot 1
(the "new" Lot 1 is shown as "Lot A") . As a result, one building
lot will be eliminated from the subdivision.
The Applicant has submitted the following plan:
"Subdivision Map Prepared For James A. &amp; Martha A. Bick, ReSubdivision of Lot 1 - Block 3, An Unnumbered Parcel, Lot 8 Block 2 and a Portion of Lot 9 - Block 2 As Shown On Revised
Map of Sleepy Hollow Manor - Filed in Westchester County
Division of Land Records On June 23, 193 0 As Map No. 3621,
Located in the Village of North Tarrytown, Town of Mount
Pleasant, Westchester County, N.Y.," scale 1" = 20', dated
October 28, 1994, prepared by Charles H. Riley, Land Surveyor.
REVIEW COMMENTS
1.

Subdivision Regulations Compliance:
The subdivision plan
should be revised to show the area of all of the properties
involved in the subdivision, the names of the property owners
of all of the involved properties and the location of the
other two existing dwellings.
The names of all involved
property owners and their addresses should be added to the

Connecticut • (203) 255-3100

FAX • (914)967-6615

Long Island -(516)364-4544

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

plan and the application. The existing and proposed lot sizes
and dimensions of all involved properties should be shown on
the plan. T h ^ names of all adjoining property owners should
be shown on thxe plan. In addition, the existing and proposed
subdivision lines should be labeled as such.
The subdivision plan should
that the subject properties
2A (not R-2) ctxid to make the
the tax map number is shown
3, Lot 1).
2.

be corrected to reflect the fact
are located in Zoning District Rtax map numbers consistent (i.e.,
as both Block 1A, Lot 1 and Block

Zoning Compliance: The Applicant should supply information
regarding t h e current ownership of the 40-foot wide
"unnumbered jparcel" which the Applicant has previously
indicated is a "paper street." If that parcel is indeed a
paper street, further research should be done in order to
determine its status.
The Applicant should research the
history of th.e original subdivision, determine whether the
parcel was ever dedicated to the Village or offered to the
Village for dedication, and obtain the agreement of the
Village (or any other involved party) stating that no party,
other than t h e Bicks, has any right to improve the parcel.
Although we aire not attorneys, based upon our experience, the
matter of the paper street should be settled before allowing
the creation o f Lot A, which would include existing Lot 1, the
paper street and a triangular piece of existing Lot 8.
Otherwise, at some point in the future, the Phelps Memorial
Hospital property could be redeveloped for residential use and
whoever has trie right to improve that parcel as a road (even
though the wiclth of the parcel is probably substandard for a
road right-of—way) would be creating a "left-over" triangular
piece of land (approximately 6,075 square feet in size) which
could not be used for residential development.
If it is deter-mined that the parcel is a paper street, it may
simplify the i_ssue to keep the triangular piece as a part of
proposed Lot E3.
Due to its lo-t width, proposed Lot B could probably not be
subdivided in the future without a variance due to the fact
that the lot -width would be insufficient for two lots. The
Bicks have informally offered to restrict the property from
further subdivision.
If that is their intent, this offer
should be statred on the subdivision plan.
Other than t h e matters mentioned above concerning the paper
street, the proposed subdivision appears to comply with the
Zoning Ordinance.
2

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

3.

Environmental Review; According to Part 617.12 of the State
Environmental Quality Review Act (SEQR), the subdivision of
the subject property constitutes a Type I Action because the
property is located within the Hudson River Shoreline Critical
Environmental Area.
The Applicant has submitted a Full
Environmental Assessment Form (EAF). We have reviewed the EAF
and have enclosed a copy containing our recommended changes
for your consideration.
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., the Westchester County Department of Health) 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
Findings Statement (following a Positive Declaration and the
preparation of an Environmental Impact Statement) will
complete the SEQR review process. Under coordinated review,
involved agencies may not make final decisions until the SEQR
process is completed.

4.

Other Issues: It does not appear that the public hearing
notice correctly reflected the proposed subdivision since it
stated that Lot 8 would be increased in size from 46,368
square feet (when it is actually approximately 28,660 square
feet) to 58,331 square feet [which is the total area of both
proposed Lots A (developed) and B (undeveloped), not a single
undeveloped lot to be known as Lot 8 ] .
Susan J. Portman, AICP, Associate/Planning

Enclosure
cc:

Sean Treacy, Mayor
Linda E. David, Village Administrator
Janet A. Gandolfo, Esq., Village Attorney
James T. Margotta, Building Inspector
Mark A. DiGennaro, Village Engineer
John Hughes, Esq.
James and Martha Bick

500\not4-031.sjp:aj

3

�14-16-2 (2/87)-7c
617.21
. _
Appendix A
Stale Environmental Quality'Review

SEQR

. FULL ENVIRONMENTAL ASSESSMENT FORM
Purpose: The full EAF is designed to help applicants and agencies determine, in an orderly manner, whether a project
or action may be significant. The question of whether an action may be significant is not always easy to answer. Frequently, there are aspects of a project that are subjective or unmeasureable. It is also understood that those who determine
significance may have little or no formal knowledge of the environment or may be technically expert in environmental
analysis. In addition, many who have knowledge in one particular area may not be aware of the broader concerns affecting
the question of significance.
The full EAF is intended to provide a method whereby applicants and agencies can be assured that the determination
process has been orderly, comprehensive in nature, yet flexible to allow introduction of information to fit a project or action.
Full EAF Components: The full EAF is comprised of three parts:
Part 1: Provides objective data and information about a given project and its site. By identifying basic project
data, it assists a reviewer in the analysis that takes place in Parts 2 and 3.
Part 2: Focuses on identifying the range of possible impacts that may occur from a project or action. It provides
guidance as to whether an Impact is likely to be considered small to moderate or whether it is a potentiallylarge impact. The form also identifies whether an impact can be mitigated or reduced.
Part 3: If any impact in Part 2 is identified as potentially-large, then Part 3 is used to evaluate whether or not the
impact is actually important.

DETERMINATION OF S I G N I F I C A N C E - T y p e 1 a n d Unlisted A c t i o n s
Identify the Portions of EAF completed for this project:

D

Part 1

D

Part 2

DPart 3

Upon review of the information recorded on this EAF (?2rts 1 and 2 and 3 if appropriate), and any other supporting
information, and considering both the magituc'e and importance of e2ch impact, it is reasonably determined by the
lead agency that:
[^

A. The project will not result in any large and important impacts) and, therefore, is one which will not
have a significant impact on the environment, therefore a negative declaration will be prepared.

D

B. Although the project could have a significant effect on the environment, there will not be a significant
effect for this Unlisted Action because the mitigation measures described in PART 3 have been required,
therefore a CONDITIONED negative declaration will be prepared."

D

C. The project may result in one or more large 2nd important impacts that m2y have a significant impact
on the environment, therefore a positive declaration will be prepared.
* A Conditioned Negative Declaration is only valid for Unlisted Actions

James Bick and Martha Bick £+

^\

P l a n n i n g Board - V i l l a g e of North

_

f2£j&lt;^bdn,. jicv\

Name of Action

Tarrytown
Name of Lead Agency

^^P

Print or Type Name of Responsible Officer in Lead Agency

Title of Responsible Officer

Signature of Responsible Officer in Lead Agency

Signatured Preparer (If different from responsible office:er)

October 3 , 1994
Date

1

�PART 1-PROJECT INFORMATION
Prepared by Project Sponsor
.NOTICE: This d o c u m e n t is designed to assist in determining whether jhe action proposed may have a significant effect
|On the environment. Please complete the entire form. Parts A through E. Answers to these questions will be considei
as part of the application for approval and may be subject to further verification and public review. Provide any a d d i t i o n s
information you believe will be needed to complete Parts 2 and 3.
It is expected that completion of the full EAF will be dependent on information currently available and will not involve
new studies, research or investigation. If information requiring such additional work is unavailable, so indicate and specify
each instance.
NAME OF ACTION

JAMES BICK and MARTHA BICK
LOCATICN CF ACTION (Include Street Addftss, Municipality and County)

3 Terrace Close, North Tarrytwon, New YOrk
BUSINESS TELEPHONE

NAME CF ArPUCANT/SPONSCR

( 914, 631-8855

James Bick and Martha Bick
ADDRESS

CITY/PO

3 Terrace Close,
STATE

North Tarrytown

ZJPCODE

NY

10591

BUSINESS TELEPHONE

NAME OF OWNER (If different)

(

same

)

ADDRESS

same
STATE

CITY/PO

ZIP CODE

same
DESCRIPTION CF ACTION

Cj^a-fc-rGn o f o n e b u i l d i n g

lot

**&lt;$ r-6 K ^ V ^ C .

**

^ j ' * ' * *

1

- '***

Please Complete Each Question—Indicate N.A. if not applicable

A. Site D e s c r i p t i o n
Physical setting of overall project, both developed and undeveloped areas.
1. Present land use:
DUrban
Glndustrial
GCommercial
[^'Residential (suburban)
CForest
GAgriculture
GCther
2. Total acreage of project area:
^ • -^
acres.
APPROXIMATE ACREACE
Meadow or Erushland (Non-agricultural)
Forested
Agricultural (Includes orchards, cropland, pasture, etc.)
Wetland (Freshwater or tidal as per Articles 24, 25 of ECL)
Water Surface Area
Unvegetated (Rock, earth or fiil) ~
Roads, buildings and ether paved surfaces
Residential
Other (Indicate :ype)_

PRESENTLY
acres

IZ

1+

acres
acres
acres
acres
acres
acres
acres

GRural (non-farm)

AFTER COMPLETION
acres

i- £

1±_

acres
acres
acres
acres
acres
acres
acres

3. What is predominant soil type{s) on project site?
'.
a. Soil drainage:
£ W e l i drained \QQ
% of site
DModerately well drained
% of site
CPoorly drained
% of site
b. If any agricultural land is involved, how many acres of soil are classified within soil group 1 through 4 of the N
Land Classification System?
N/A acres. (See 1 NYCRR 370).
4. Are there bedrock outcroppings on project site?
a. What is depth to bedrock?
10-15+

A

CXYes
DNo
(jn feet)

�5. Approximate percentage of proposed project site with slopes:

CO-10%
E l 5 % or greater

%

DlO-15%
_Q %

_%

6. Is project substantially contiguous to, or contain a building, site-.'or district, listed on the State or the National
Registers of Historic Places?
DYes
CSs'o
'/. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks?
8. What is the depth of the water table? 20+

DYes

t$No

(in feet)

9. Is site located over a primary, principal, or sole source aquifer?

DYes

ENo

10. Do hunting, fishing or shell fishing opportunities presently exist in the project area?

DYes

DNo

11. Does project site contain any species of plant or animal life that is identified as threatened or endangered?
DYes
ENo
According to
.
Identify each species

.,

_

12. Are there any unique or unusual land forms on the project site? (i.e., cliffs, dunes, other geological formations)
DYes

-?No

Describe

13. Is the project site presently used by the community or neighborhood as an' open space or recreation area?
DYes
E&amp;s'o
If yes, explain
,
__
14.

Does the present site include scenic views known to be important to the community?
DYes
ONo

15. Streams within or contiguous to project area:
None
a. Name of Stream and name of River to which it is tributary

N

16. Lakes, ponds, wetland areas within or contiguous to project area:
a. Name y / A

#

'

b. Size (In acres)

Is the site served by existing public utilities?
__Yes
DNo
a) If Yes, does sufficient capacity exist to allow connection?
EYes
b) If Yes, will improvements be necessary to allow connection?
C?Ves

DNo
DNo

IS. Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law, Article 25-AA,
Section 303 and 304?
DYes
ENo
19. Is the site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Article 8
of the ECL, and 6 NYCRR 617?
j^Yes
DNo
20. Has the site ever been used for the disposal of solid or hazardous wastes?

DYes

ENo

B. Project Description
1. Physical dimensions and scale of project (fill in dimensions as appropriate)
a. Total contiguous acreage owned or controlled by project sponsor
b. Project acreage to be developed:

1+

acres initially;

c. Project acreage to remain undeveloped
d. Length of project, in miles: N/A.

1.5+
1+

(If appropriate)

f. Number of off-street parking spaces existing

N/A

%;

; proposed fl/_\

g. Maximum vehicular trips generated per hour

(upon completion of project)?

h. If residential: Number and type of housing units:
' One Family
Two Family
Ultimately

acres ultimately.

acres.

e. If the project is an expansion, indicate percent of expansion proposed

Initially

acres.

Multiple Family

Condominium

i

.
1

i. Dimensions (in feet) of largest proposed structure

'

•

height;

j . Linear feet of frontage along a public thoroughfare project will occupy is?
3

width;
60+

length.
ft.

�2. How much natural material (i.e.. rock, earth, etc.) will be removecffrom the site? _____

tons/cubic yards

3. Will disturbed areas be reclaimed?
GYes
ENo
DN/A
NA
a. If yes, for what intends- purpose is the site being reclaimed?
'
b. Will topsoil be stockpiled for reclamation?
DYes
G5No
c. Will upper subsoil be stockpiled for reclamation?
DYes
_5No
4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site?

acres.

5. Will any mature forest (over 100 years old) or other locally-important vegetation be removed by this project?
DYes
C&amp;lo
' 6. If single phase project Anticipated period of construction

. months, (including demolition).

7. If multi-phased:
a. Total number of phases anticipated
(number).
N A
b. Anticipated date of commencement phase 1
/
month
c. Approximate completion date of final phase N/A
month
d. Is phase 1 functionally dependent on subsequent phases?
DYes
8. Will blasting occur during construction?

DYes

year, (including demolition).
year.
uNo

ENo

9. Number of jobs generated: during construction

; after project is complete —_L_A
N A

TO. Number of jobs eliminated by this project

'

11. Will project require relocation of any projects or facilities?

DYes

DSNo

12. Is surface liquid waste disposal involved?
DYes
ENo
a. If yes, indicate type of waste (sewage, industrial, etc.) and amount
b. Name of water body into which effluent will be discharged
|13. Is subsurface liquid waste disposal involved?

DYes

{_&amp;Jo

If yes. explain

N/A
N/A

Type

14. Will surface area of 2n existing water body increase or decrease by proposal?
Explain .
15. Is project or any portion of project located in a 100 year flood plain?
DYes

DYes
_JNO

16. Will the project generate solid waste?
EYes
GNo
a. If yes. what is the amount per month N/A
tons
b. If.yes, will an existing solid waste facility be used?
DYes
DNo
c. If yes, give name
:
:
; location
d. Will any wastes not go into a sewage disposal system or into a sanitary landfill?
e. If Yes, explain
17. Will the project involve the disposal of solid waste?
a. If yes. what is the anticipated rate of disposal?
b. If yes, what is the anticipated site life?
18. Will project use herbicides or pesticides?

_$Yes

DNo
tons/month.

ENo

19. Will project routinely produce oc'crs (mere than one hour per cay)? DYes

__No

20. Will project produce operating noise exceeding the local ambient noise levels?
DYes

22. If water supply is from wells, indicate pumping capacity
23.

Total anticipated water usage per day

DYes

years.

DYes

21. Will project result in an increase in energy use?
If yes , indicate type's)

(3No

'

24. Does project involve Local, State or Federal funding?
If Yes, explain
r_/A

DYes

©No
'

gallons/minute.

gallons/day.
DYes

_DNo

S

,

ENo

ENo

�25. Approvals Required:

Submittal
Date

Type
City. Town, Village Board
lity. Town. Village Planning Board

DYes
£iYes

CNo
GNo

•'
Subdivision

City. Town Zoning Board

DYes

CNo

«6ity. County Health Department

EYes

CNo

I***'*"-*'"^

Other Local Agencies

DYes

CNo

m

Other Regional Agencies

DYes

CNo

State Agencies

DYes

CNo

Federal Agencies

DYes

CNo

"
10-3-1994

C. Zoning and Planning Information
1. Does proposed action involve a planning or zoning decision?
EYes
CNo
If Yes. indicate decision required:
Dzoning amendment
Czoning variance
Cspecial use permit
CSsubdivision
Dnew/revision of master plan
Dresource management plan
Dother
2. What is the zoning classification(s)of the site?

R^Hk

Gsite plan

^

:

3. What is the maximum poten* ?l development of the site if developed as permitted by the present zoning?
h b u i l d i n g lot- 2~ QJ^lliVyj i
(Ctie en 1/iLh u"d€vtlcped
/cf-^
4. What is the proposed zoning of the site?

R-T5-

NO Cy^^^K^

5. What is the maximum potential development of the site if developed as permitted by the proposed zoning?

1 bun dim lut-

*Lh

•. Is the proposed action consistent with the recommended uses in adopted local land use plans?

CSYes

DNo

7. What are the predominant land use{s) and zoning classifications within a V* mile radius of proposed action?
R e s i d e n t i a l s i n g l e f a m i l y , JOJfr-fabc/)«.I ;
fl-l , K--2.fr, H .
8. Is the proposed action compatible with adjoining/surrounding land uses within a V* mile?
£)Yes
DNo
9. If the proposed action is the subdivision of land, how many lots are proposed? - 1 (£€S«hA4*. s \cv\ - r€^tt^CJ c^
a. What is the minimum lot size proposed?
10. Will proposed action require any authcrization(s) for the formation of sewer or water districts?

OYes

BDNo

11. Will the proposed action create a demand for any community provided services (recreation, education, police,
fire protection)?
CYes
KS'o
a. If yes, is existing capacity sufficient to handle projected demand? N ^ C$Yes

CNo

12. Will the proposed action result in the generation of traffic significantly above present levels?
a. If yes, is the existing read network adequate to handle the additional traffic?

CYes

CYes

£JNO

CNo

D. Informational Details
Attach any additional information as may be needed to clarify your project. If there are or. may be any adverse
impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate or
avoid them.

E. Verification
I certify that the information provided above is true to the best of my knowledge.
A p p l i c a n t / S p o n s o r Name JAMES BICK AND MARTHA BICK
signature

^77

rlr-YJ^ry^

Title

Date

O c t o b e r 3 , 1994

Attorney

If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding
with this assessment.

�Part 2— PROJECT IMPACTS AND THEIR MAGNITUDE
Responsibility of Lead Agency
General Information (Read Carefully)
k In completing the form the reviewer should be guided by the question: Have my responses and determinations been
reasonable? The reviewer is not expected to be an expert environmental analyst.
• Identifying that an impact will be potentially large (column 2) does not mean that it is also necessarily significant. "
Any large impact must be evaluated in PART 3 to determine significance. Identifying an impact in column 2 simply
asks that it be looked at further.
• The Examples provided are to assist the reviewer by showing types of impzets and wherever possible the threshold of
magnitude that would trigger a response in column 2. The examples are generally applicable throughout the State and
for most situations. But, for any specific project or site other examples and/or lower thresholds may be appropriate
for a Potential Large Impact response, thus requiring evaluation in Part 3.
• The impacts of each project, on each site, in each locality, will vary. Therefore, the examples are illustrative and
have been offered as guidance. They do not constitute an exhaustive list of impacts and thresholds to answer each question.
• The number of examples per question does not indicate the importance of each question.
• In identifying impacts, consider long term, short term and cumlative effects.
Instructions (Read carefully)
a. Answer each of the 19 questions in PART 2. Answer Yes if there will be any impact.
b. Maybe answers should be considered as Yes answers.
c. If answering Yes to a question then check the appropriate box (column 1 or 2) to indicate the potential size of the
impact. If impact threshold equals or exceeds any example provided, check column 2. If impact will occur but threshold
is lower than example, check column 1 .
d. If reviewer has doubt about size of the impact then consider the impact as potentially large and proceed to PART 3.
e. If a potentially large impact checked in column 2 can be mitigated by changes) in the project to a small to moderate
impact, also check the Yes box in c o l u m n 3. A No response indicates that such a reduction is not possible. This
must be explained in Part 3.

IMPACT ON LAND
W i l l the proposed action result in a physical change to the project site?
fiKO
DYES
Examples that w o u l d a p p l y t o c o l u m n . 2
• Any construction on slopes of 1 5 % or greater, (15 foot rise per 100
f o o t of length), or where the general slopes in the project area exceed
"0%.

1

2

S m a l l to
Moderate
Impact

Potential
Larg9
Impact

D

D

DYes

QN&lt;

D

D

GYes

DN&lt;

n

DYes
DYes

GNo

D

D
n

DNO

•

D

DYes

DNO

D

D

DYes

DNO

D
D
D

D
D

DNO

•

DYes
DYes
DYes

D

D

D Y es

DN&lt;

C a n I m p a c t Be
M i t i g a t e d By
Project C h a n g e

1.

• Construction on land w h e r e the depth to the w a t e r table is less than
3 feet.
• Construction ci paved p a r k i n g 2rea for 1,000 or more vehicles.
• Construction en land w h e r e bedrock is exposed or generally within
3 feet of existing g r o u n d surface.
• Construction that w i l l c o n t i n u e for more than 1 year or involve more
than one phase or stage.
• Excavation for mining purposes that w o u l d remove more than 1,000
tens of natural m a t e r i e l (i.e., rock or soil) per year
• Construction or expansion of a sanitary l a n d f i i l .
• Construction in a designated f l o o d w a y .
• Other

impacts

DNO
DNO

. W i l l there be an e f f e c t t'.. _.iy unique or unusual land forms found on
the site? (i.e., cliffs, dunes, geological f o r m a t i o n s , etc.)j3^NO
DYES
Specific

land

forms:

�1

2

Small to
Moderate
Impact

Potential
Large
Impact

D
D

D
D

DYes
DYes

DNo

D
D
D

D
D
D

DYes
DYes
DYes

DNO

DNO

D

D

DYes

DNo

D
D

D
D

DYes

DNo

DYes

DNO

D
D

D
D

DYes

DNo

DYes

DNo

• Proposed Action requires water supply from wells with greater than 45
gallons per minute pumping capacity.

D

D

DYes

DNo

• Construction or operation causing any contamination of a water
supply system.

D

D

DYes

DNo

• Proposed Action will adversely affect groundwater.
Liquid effluent will be conveyed off the site to facilities which presently
do not exist or have inadequate capacity.

D
D

D
D

DYes
DYes

DNo
DNo

• Proposed Action would use water in excess of 20,000 gallons per
day.

D

D

DYes

GNo

• Proposed Action will likely cause siltation or other discharge into an
existing body of water to the extent that there will be an obvious visual
contrast to natural conditions.

D

D

DYes

GNo

• Proposed Action will require the storage of petroleum or chemical
products greater than 1.100 gallons.

D

DYes

GNo

IMPACT ON WATER
Will proposed action affect any water body designated as protected?
(Under Articles 15. 24, 25 of the Environmental Conservation Law, ECL)
®NO
GYES
Examples that would apply to column 2
• Developable area of site contains a protected water body.

•

• Dredging more than 100 cubic yards of material from channel of a
protected stream.
• Extension of utility distribution facilities through a protected water body.
• Construction in a designated freshwater or tidal wetland.
• Other impacts:
4. Will proposed action affect any non-protected existing or new body
of water?
QNO
DYES
Examples that would apply to column 2
• A 10% increase or decrease in the surface area of any body of water
or more than a 10 acre increase or decrease.
• Construction of a body of water that exceeds 10 acres of surface area.
• Other impacts:
5. Will Proposed Action affect surface or groundwater
quality or quantity?
SNO
Examples that would apply to column 2

Can Impact Be
Mitigated Sy
Project Change

DNO

DNO

DYES

• Proposed Action will require a discharge permit.
Proposed Action requires use of a source of water that does not
have approval to serve proposed (project) action.

0

a

D

DYes

DNo

• Proposed Action locates commercial and/or industrial uses which may
require new or expansion of existing waste treatment and/or storage
facilities.

a

D

C'Yes

CNO

• Other

D

D

DYes

DNo

D

D

D Y es

DNO

• Proposed Action will allow residential uses in areas without water
and/or sewer services.

impacts:

. Will proposed action alter drainage flow or patterns, or surface
water runoff?
OMO
DYES
Examples that would apply to column 2
Proposed Action would change flood water flows.
- ••
7

�1
Small to
Moderate
Impact

2
Potential
Large
Impact

D
D
D

D
D
D
D

DYes
DYes
DYes
DYes

DNO
DNo
DNo
DNo

a

DYes

DNo

• Proposed Action will result in the incineration of more than 1 ton of
refuse per hour.

•
•

D

DYes

DNo

• Emission rate of total contaminants will exceed 5 lbs. per hour or a
heat source producing more than 10 million 3TU's per hour.

D

D

DYes

DNo

• Proposed action will allow an increase in the amount of land.committed
to industrial use.

•

D

DYes

DNo

• Proposed action will allow an increase in the density of industrial.
development within existing industrial areas.

D

D

DYes

DNo

• Other impacts:

•

D

DYes

DNo

•
•

D

GY es

DNo

Proposed Action may C2use substantial erosion.
Proposed Action is incompatible with existing drainage patterns.
Proposed Action will allow development in a designated floodway.

•

Other impacts:

3
Can Impact Be
Mitigated By
Project Change

IMPACT ON AIR
7 . Will proposed action affect air quality?
CNO
DYES
Examples that would apply to column 2
• Proposed Action will induce 1,000 or more vehicle trips in any given
hour.

IMPACT ON PLANTS AND ANIMALS
Will Proposed Action affect any threatened or endangered
species?
GSNO
Examples that would apply to column 2

GYES

• Reduction of one or more species listed on the New York or Federal
list, using the site, over or near site cr found on the site.
• Application cf pesticide or herbicide mere than twice a year, other
than for agricultural purposes.

D

D
D

DYes
DYes

DNo
DNo

• Other

D

D

D Y es

DNc

• Proposed Action would substantially interfere with any resident cr
migratory fish, shellfish or wildlife species.

D

D

DYes

D.No

• Proposed Action requires the removal of more than 10 acres
cf mature forest (over 100 years of age) cr other locally important
vegetation.

D

D

DYes

D'No

D

D

D Y es

• Removal of any portion of a critical or significant wildlife habitat.

impacts-

9. Will Proposed Action substantially affect non-threatened or
non-endangered species?
CSN'O
Examples that would apply to column 2

GYES

IMPACT ON AGRICULTURAL LAND RESOURCES
1 0 . Will the Proposed Action affect agricultural land resources?

3DNO

DYES

_
Examples that would apply to column 2
^ B j T h e proposed action would sever, cress or limit access to agricultural
^ ^ l a n d (includes cropland, hayfields, pasture, vineyard, orchard, etc.)

8

G

DNC

�^ ^ J r o p o s e d Action may C2use substantial erosion.
• Proposed Action is incompatible with existing drainage patterns.
• Proposed Action will allow development in a designated floodway.
• Other impacts:

D
D

IMPACT ON AIR
7. Will proposed action affect air quality?
jCxO
DYES
Examples that would apply to column 2
• Proposed Action will induce 1,000 or more vehicle trips in any given
hour.
• Proposed Action will result in the incineration of more than 1 ton of
refuse per hour.

•
D

• Emission rate of total contaminants will exceed 5 lbs. per hour or a
heat source producing more than TO million 3TU's per hour.

D

• Proposed action will allow an increase in the amount of land.committed
to industrial use.

D

• Proposed action will allow an increase in the density of industrial.
development within existing industrial areas.

D

• Other impacts:

D

IMPACT ON PLANTS AND ANIMALS
fWill Proposed Action affect any threatened or endangered
species?
£j,NO
Examples that would apply to column 2

GYES

• Reduction of one or more species listed on the New York or Federal
list, using the site, over or near site or found on the site.

•

• Removal of any portion of a critical or significant wildlife habitat.

D

• Application of pesticide or herbicide more than twice a year, other
than for agricultural purposes.

a

• Cther

D

impacts:

9. Will Proposed Action substantially affect ncn-threatened CT
non-er.car.gered species?
,££NO
Examples that would applv to column 2

GYES

• Proposed Action would substantially interfere with any resident or
migratory fish, shellfish or wildlife species.

D

• Proposed Action requires the removal cf more than TO acres
of mature forest (over 100 years of age) or other locally important
'•egetst.cn.

D

IMPACT ON AGRICULTURAL LAND RESOURCES
TO. Will the Proposed Action affect agricultural land resources?

J2JNO

DYES

Examples that would apply to column 2
^ ^ T h e proposed action would sever, cross or limit access to agricultural
^ ^ p n d (includes cropland, hayfields, pasture, vineyard, orchard, etc.)

D

�(Construction activity would excavate or compact the soil profile of
agricultural land.
• The proposed action would irreversibly convert more than 10 acres
of agricultural land or, if located in an Agricultutal District, more
than 2.5 acres of agricultural land.
• The proposed action would disrupt or prevent installation of agricultural
land management systems (e.g., subsurface drain lines, outlet ditches,
strip cropping); or create a need for such measures (e.g. cause a farm
field to drain poorly due to increased runoff)
• Other impacts:
,

IMPACT ON AESTHETIC RESOURCES
1 1 . Will proposed action affect aesthetic resources?
KJNO
DYES
(If necessary, use the Visual EAF Addendum in Section 617.21,
Appendix B.)
Examples that would apply to column 2
• Proposed land uses, or project components obviously different fro'm
or in sharp contrast to current surrounding land use patterns, whether
man-made or natural.
• Proposed land uses, or project components visible to users of
aesthetic resources which will eliminate or significantly reduce their
-Enjoyment of the aesthetic qualities of that resource.
Project components that will result in the elimination or significant
screening of scenic views known to be important to the area.
Other impacts:
.

IMPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES
12. Will Proposed Action impact any site or structure of historic, prehistoric or paleontological importance?
KJNO
DYES
Examples that would apply to column 2
• Proposed Action occurring wholly cr partially within or substantially contiguous to any facility or site listed on the State or National Register
of historic places.
• Any impact to an archaeological site or fossil bed located within the
project site.
• Proposed Action will occur in an area designated as sensitive for
archaeological sites en the NYS Site Inventory.
• Other impacts:

IMPACT ON OPEN SPACE AND RECREATION
13. Will Proposed Action affect the quantity or quality of existing cr
future open spaces or recreational opportunities?
Examples that would apply to column 2
ENO
DYES
. The permanent foreclosure of a future recreational opportunity.
A major reduction of an open space important to the community.
Other impacts:
I
.

1

2

Small t o
Moderate
Impact

Potential
Large
Impact

D

D

DYes

DNo

D

D

DYes

DNO

a

D

DYes

DNo

D

DYes

DNo

D

D

DYes

DNo

D

D

DYes

DNo

D

D

DYes

DNo

D

D

DYes

DNo

D

D

DYes

DNo

D

D

LJYes

DNo

D

D

DYes

DNo

D

D

DYes

DNo

D
D
D

D
D
D

DYes
DYes
DYes

DNo
DNo
DNo

D

Can Impact Be
Mitigated By
Project Change

�Small to
Moderate
Impact

2
Potential
Large •
Impact

D
D
D

D
D
D

PYes
GYes
DYes

DNo
DNo
DNo

D

D

DYes

DNo

a

D

DYes

DNo

D

D

DYes

DNo

• Blasting w i t h i n 1,500 f e e t of a hospital, school or other sensitive
facility.

D

D

D Y es

DN«

• O d o r s w i l l o c c u r r o u t i n e l y (more than one hour per day).

D
D

D
D

DYes
DYes

DNo
DNo

• Proposed A c t i o n w i l l r e m o v e natural barriers that w o u l d act as a
noise screen.

D

D

DYes

DNo

• Other

D

•

DYes

DNo

• Proposed A c t i o n m a y cause a risk of explosion or release of hazardous
substances (i.e. o i l , pesticides, chemicals, radiation, etc.) in the event of
a c c i d e n t or upset c o n d i t i o n s , or there rr.2y be a chronic low level
discharge or emission.

D

D

DYes

DNo

• Proposed A c t i o n may r e s u l t in the burial of "hazardous wastes" in any
f o r m (i.e. t o x i c , p o i s o n o u s , highly reactive, radioactive, irritating,
i n f e c t i o u s , etc.)

D

D•

DYes

C.No

• Storage facilities for o n e m i l l i o n or more gallons of liquified natural
gas or other f l a m m a b l e l i q u i d s ,

D

D

DYes

DNo

• Proposed a c t i o n m a y result in the excavation or other disturbance
w i t h i n 2,000 feet of a site used for the disposal of solid or hazardous
waste.

D

D

DYes

DNO

• '

D

DYes

DNo

IMPACT ON TRANSPORTATION
1 4 . W i l l there be an e f f e c t t o existing transportation systems?
K'NO
Examples t h a t w o u l d a p p l y t o column 2

"'
DYES

• A l t e r a t i o n of present patterns o f movement of people and/or goods.
• Proposed A c t i o n w i l l result in major traffic problems.
• O t h e r impacts: _ _ _ _ _ _ _ _ _ _

Can Impact Be
Mitigated By
project Chang-

I M P A C T O N ENERGY
15. W i l l proposed a c t i o n a f f e c t the community's sources of f u e l or
energy supply?
©NO
DYES
Examples t h a t w o u l d a p p l y t o column 2
• Proposed A c t i o n w i l l cause a greater than 5% increase in the use of
any f o r m of energy in t h e municipality.
• Proposed A c t i o n w i l l r e q u i r e the creation or extension of an energy
transmission or supply system t o serve more than 50 single or t w o f a m i l y
residences or t o serve a m a j o r commercial or industrial use.
• Other impacts:

N O I S E A N D ODOR IMPACTS
1 6 . W i l l there be o b j e c t i o n a b l e odors, noise, or vibration as a result
of the Proposed A c t i o n ?
• BONO
DYES
Examples t h a t w o u l d a p p l y t o column 2

• Proposed A c t i o n w i l l p r o d u c e operating noise exceeding the local
a m b i e n t noise levels ior noise outside of structures.

impacts:

I M P A C T O N PUBLIC H E A L T H
17. W i l l Proposed A c t i o n a f f e c t public health and safety?
_NO
Examples t h a t w o u l d a p p l y t o column 2

• O t h e r impacts:

10

DYES

�IMPACT O N GROWTH AND CHARACTER
OF COMMUNITY OR NEIGHBORHOOD
,
p. W i l l proposed action affect the character of the existing community?
£JNO
DYES

1
Small t o
Moderate
Impact

2
Potential
Large .
Impact

Can Impact Be
M i t i g a t e d By
Project Change

Examples that would apply to column 2

D

D

DYes

DNo

D

D

D Y es

DNO

D
D
D

D
D
D

DYes

DNO

DYes

DNO

DYes

DNO

Development will create a demand for additional community services
(e.g. schools, police and fire, etc.)

D

D

D Y es

DNo

Proposed Action will set- an important precedent for future projects.

D
D
D

D
D
D

DYes

DNO

DYes

DNO

DYes

DNO

The permanent population of the city, town or village in which the
project is located is likely to grow by more than 5%.
The municipal budget for capital expenditures or operating services
will increase by more than 5% per year, as a result of this project
Proposed action will conflict with officially adopted plans or goals."
Proposed action will cause a change in the density of land use.
Proposed Action will replace or eliminate existing facilities, structures
or areas of historic importance to the community.

Proposed Action will create or eliminate employment
Other

impacts:

___ •

1 9 . Is there, or is there likely to be, pubjic controversy related to
potential adverse environmental impacts?
^ 3 N O DYES

If Any Action in Part 2 Is identified as a Potential Large Impact or
If You Cannot Determine the Magnitude of Impact, Proceed to Part 3

Part 3—EVALUATION OF THE IMPORTANCE OF IMPACTS
Responsibility of Lead Agency
Part 3 must be prepared if one or more impact(s) is considered to be potentially large, even if the impact(s) may be
mitigated.

Instructions
Discuss the following for each impact identified in Column 2 of Part 2:
1 . Briefly describe the impact.
2. Describe (if applicable) how ;he impact could be mitigated or reduced to a small to moderate impact by project change-'*).
3. Based on the information available, decide if it is reasonable to conclude that this impact is important.
To answer the question of importance, consider:
• The probability of the impact occurring

.

—

• The duration of the impact
•
•
•
•
•

Its irreversibility, including permanently lost resources of value
Whether the impact can or will.be controlled
The regional consequence of the impact
Its potential divergence from local needs and goals
Whether known objections to the project relate to this impact.

(Continue on attachments)

11

�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

Michael A Galante
Joanne P. Meder, AICP

(914) 967-6540

Jim Donovan, RLA, ASLA

MEMORANDUM
To:

Village of North Tarrytown Planning Board

Date:

November 10, 1994

Subject:

Annual Report on Operation of Zoning Ordinance

As requested at the last Planning Board meeting, I have asked other
staff members if they have come across a requirement for an annual
report from a Planning Board to a Village or Town Board in other
municipalities.
The only one we came across was in the
Town/Village of Harrison, where that community's Planning Board
prepares an annual summary of applications, approvals and denials.
It is our opinion that the Planning Board has the right to make
recommendations to the Village Board of Trustees regarding the
operation of the Zoning Ordinance and other related legislation at
any time. Having the Zoning Ordinance make this report mandatory
is highly unusual and we therefore recommend that Section 62-48D of
the Village Code either be removed or the term "shall prepare"
should be changed to "may prepare" in order to ensure that the
Planning Board is not prohibited from making recommendations as
necessary.
Assuming the Planning Board will be preparing a report of their
recommendations to the Village Board, we have assembled a
preliminary list of recommended Code amendments for your
consideration (see attachment).
Susan J. Portman, AICP, Associate/Planning
Attachment
cc:

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

500\not4-0A6.sjp:ev

Connecticut • (203) 255-3100

FAX * (914) 967-6615

Long Island • (516) 364-4544

�VILLAGE OF NORTH TARRYTOWN
PRELIMINARY LIST OF ITEMS TO CONSIDER RECOMMENDING
TO VILLAGE BOARD FOR AMENDMENT
Zoning Ordinance
§62-29: Re-examine and clarify issue of when a site plan
application shall be required.
§62-34: Verify that the entire Section 62-34 was not repealed
in 1992 (only Section 62-341 was to have been amended). Reexamine the recreation fee requirements and also determine
whether a fee shall be required for site plan and/or
subdivision approvals.
May also want to remove building
permit fees from Section 62-34 and add a reference to a
separate fee schedule (would be easier to update fees in the
future if not part of the Zoning Ordinance).
§62-29 or 62-30: Add a list of materials and information to
be submitted as part of a complete site plan application and
a deadline for submission prior to Planning Board meeting.
§62-3OF: Revise language to be consistent with application
form and Village Code section regarding fees. Add a reference
to a separate fee schedule.
§62-14: Reevaluate parking standards (including number of
spaces required per use, size of spaces, provide standards for
compact and angled parking, add standards for aisle width, and
add provision to give Planning Board the authority to revise
number of spaces required under certain circumstances, as
appropriate).
Revise the definition of parking space in
Section 62-4 (it is not appropriate to have regulations within
definition).
§62-30: Consider adding a requirement for a public hearing
for site plan applications. Add and/or revise time frames for
holding a public hearing, making a decision and filing of
approval to be consistent with Village Law.
§62-48D:
Either change "shall prepare" or remove Part D
altogether.
The Planning Board should be able to make
recommendations to the Village Board as appropriate without
this section requiring it.
§62-4:
Simplify definition of "corner lot."
Revise
definition of "setback" so that it does not apply solely to
front yard.

�Subdivision Regulations
Add a provision for a simplified, one-stage review process for
minor subdivisions
(two-lot subdivision and lot line
realignment).
Add definitions
of major and minor
subdivisions.
Revise time frames for holding a public hearing, making a
decision and filing of approval to be consistent with Village
Law.
§12B(2)(b):
reservation.

Revise

the

requirement

Frederick P. Clark Associates, Inc.
November 10, 1994

500\not4-046.sjp:ev

from

dedication

to

�FREDERICK P. CLARK ASSOCIATES, INC.

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

Planning/Development/Environment/Transportation
Rye, New York and Southport, Connecticut

Michael A. Galante
Joanne P. Meder, AICP

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

Jim Donovan, RLA, ASLA

MEMORANDUM
To:

Village of North Tarrytown Planning Board

Date:

November 11, 1994

Subject:

Review of Bick Preliminary Subdivision

As requested, we have reviewed the preliminary subdivision
application submitted by James and Martha Bick for an area
comprised of five previously subdivided building lots and a paper
street located on the northern and western sides of the Terrace
Close cul-de-sac in the R-2A Residence District.
Tax Lots 1
(Bick), 2 (LoMascolo) and 4 (Golodetz) contain existing singlefamily dwellings. Lots 8 (owned by Bick) and 9 (ownership not
known) are presently undeveloped.
The Applicant is proposing to break up Lot 9 and distribute the
pieces to Lots 2, 4 and 8, resubdivide Lot 8 to subtract a small
triangular piece (the "new" Lot 8 is shown as "Lot B") , and add the
small triangular piece from Lot 8 and the paper street to Lot 1
(the "new" Lot 1 is shown as "Lot A"). As a result, one building
lot will be eliminated from the subdivision.
The Applicant has submitted the following plan:
"Subdivision Map Prepared For James A. &amp; Martha A. Bick, ReSubdivision of Lot 1 - Block 3, An Unnumbered Parcel, Lot 8 Block 2 and a Portion of Lot 9 - Block 2 As Shown On Revised
Map of Sleepy Hollow Manor - Filed in Westchester County
Division of Land Records On June 23, 1930 As Map No. 3621,
Located in the Village of North Tarrytown, Town of Mount
Pleasant, Westchester County, N.Y.," scale 1" = 20', dated
October 28, 1994, prepared by Charles H. Riley, Land Surveyor.
REVIEW COMMENTS
1.

Subdivision Regulations Compliance:
The subdivision plan
should be revised to show the area of all of the properties
involved in the subdivision, the names of the property owners
of all of the involved properties and the location of the
other two existing dwellings.
The names of all involved
property owners and their addresses should be added to the

Connecticut • (203) 255-3100

FAX • (914) 967-6615

Long Island • (516) 364-4544

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

plan and the application. The existing and proposed lot sizes
and dimensions of all involved properties should, be shown on
the plan. The names of all adjoining property oyners should
be shown on the plan. In addition, the existing and proposed
subdivision lines should be labeled as such.
The subdivision plan should
that the subject properties
2A (not R-2) and to make the
the tax map number is shown
3, Lot 1).
2.

be corrected to reflect the fact
are located in Zoning District Rtax map numbers consistent (i.e.,
as both Block 1A, Lot: 1 and Block

Zoning Compliance: The Applicant should supply information
regarding the current ownership of the 4 o-foot wide
"unnumbered parcel" which the Applicant has previously
indicated is a "paper street." If that parcel is indeed a
paper street, further research should be done in order to
determine its status.
The Applicant should research the
history of the original subdivision, determine whether the
parcel was ever dedicated to the Village or offered to the
Village for dedication, and obtain the agreement of the
Village (or any other involved party) stating th.at no party,
other than the Bicks, has any right to improve the parcel.
Although we are not attorneys, based upon our experience, the
matter of the paper street should be settled before allowing
the creation of Lot A, which would include existing Lot 1, the
paper street and a triangular piece of existing Lot 8.
Otherwise, at some point in the future, the Phelps Memorial
Hospital property could be redeveloped for residential use and
whoever has the right to improve that parcel as a road (even
though the width of the parcel is probably substandard for a
road right-of-way) would be creating a "left-ovet" triangular
piece of land (approximately 6,075 square feet in size) which
could not be used for residential development.
If it is determined that the parcel is a paper street, it may
simplify the issue to keep the triangular piece as a part of
proposed Lot B.
Due to its lot width, proposed Lot B could probably not be
subdivided in the future without a variance due to the fact
that the lot width would be insufficient for two lots. The
Bicks have informally offered to restrict the property from
further subdivision.
If that is their intent, this offer
should be stated on the subdivision plan.
Other than the matters mentioned above concerning the paper
street, the proposed subdivision appears to comply with the
Zoning Ordinance.
2

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

3.

Environmental Review: According to Part 617.12 of the State
Environmental Quality Review Act (SEQR), the subdivision of
the subject property constitutes a Type I Action because the
property is located within the Hudson River Shoreline Critical
Environmental Area.
The Applicant has submitted a Full
Environmental Assessment Form (EAF) . We have reviewed the EAF
and have enclosed a copy containing our recommended changes
for your consideration.
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., the Westchester County Department of Health) 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
Findings Statement (following a Positive Declaration and the
preparation of an Environmental Impact Statement) will
complete the SEQR review process. Under coordinated review,
involved agencies may not make final decisions until the SEQR
process is completed.

4.

Other Issues; It does not appear that the public hearing
notice correctly reflected the proposed subdivision since it
stated that Lot 8 would be increased in size from 46,368
square feet (when it is actually approximately 28,660 square
feet) to 58,331 square feet [which is the total area of both
proposed Lots A (developed) and B (undeveloped), not a single
undeveloped lot to be known as Lot 8].
Susan J. Portman, AICP, Associate/Planning

Enclosure
cc:

Sean Treacy, Mayor
Linda E. David, Village Administrator
Janet A. Gandolfo, Esq., Village Attorney
James T. Margotta, Building Inspector
Mark A. DiGennaro, Village Engineer
John Hughes, Esq.
James and Martha Bick

500\notA-031.sjp:aj

3

�14-16-2 (2/87)-7c
617.21
.
_
Appendix A
State Environmental Quality'Review

SEQR

FULL ENVIRONMENTAL ASSESSMENT FORM
Purpose: The full EAF is designed to help applicants and agencies determine, in an orderly manner, whether a project
or action may be significant. The question of whether an action may be significant is not always easy to answer. Frequently, there are aspects of a project that are subjective or unmeasureable. It is also understood that those who determine
significance may have little or no formal knowledge of the environment or may be technically expert in environmental
analysis. In addition, many who have knowledge in one particular area may not be aware of the broader concerns affecting
the question of significance.
The full EAF is intended to provide a method whereby applicants and agencies can be assured that the determination
process has been orderly, comprehensive in nature, yet flexible to allow introduction of information to fit a project or action.
Full EAF Components: The full EAF is comprised of three parts:
Part 1: Provides objective data and information about a given project and its site. By identifying basic project
data, it assists a reviewer in the analysis that takes place in Parts 2 and 3.
Part 2: Focuses on identifying the range of possible impacts that may occur from a project or action. It provides
guidance as to whether an Impact is likely to be considered small to moderate or whether it is a potentiallylarge impact. The form also identifies whether an impact can be mitigated or reduced.
Part 3: If any impact in Part 2 is identified as potentially-large, then Part 3 is used to evaluate whether or not the
impact is actually important.

DETERMINATION OF S I G N I F I C A N C E - T y p e 1 and Unlisted Actions
Identify the Portions of EAF completed for this project:

D

Part 1

D

Part 2

DPart 3

Upon review of the information recorded on this EAF (Parts 1 and 2 2nd 3 if appropriate), 2nd 2ny other supporting
information, and considering both the magitude and importance of each impact, it is reasonably determined by the
lead agency that:
\3

A. The project will not result in any large and important i m p a c t s ) and. therefore, is one which will not
have a significant impact on the environment, therefore a negative declaration will be prepared.

D

B. Although the project could have a significant effect on the environment, there will not be a significant
effect for this Unlisted Action because the mitigation measures described in PART 3 have been required,
therefore a CONDITIONED negative declaration will be p r e p a r e d . '

D

C. The project may result in one or more large 2nd important impacts that may have a significant impact
on the environment, therefore a positive declaration will be prepared.
' A Conditioned Negative Declaration is only valid for Unlisted Actions

J a m e s B i c k a n d M a r t h a B i c k f£"-f* ^ f
P l a n n i n g Board - V i l l a g e

of N o r t h

_

f2&amp;jivbd»w. j i c v \

Name of Action

Tarrytown
N'2me of Lead Agency

Print or Type Name of Responsible Officer in Lead Agency

Title of Responsible Officer

Signature of Responsible Officer in Lead Agency

.
&gt;nsible officer)
S i g n a&amp;t u r e&amp;d Preparer
(If different from respons

October 3, 1994
Date

1

�PART 1—PROJECT INFORMATION
Prepared by Project Sponsor
NOTICE: This d o c u m e n t is designed to assist in determining whether }he action proposed may have a significant effect
on the environment. Please complete the entire form. Parts A through E. Answers t o these questions will b e considei
as part of the application for approval and may be subject to further verification and public review. Provide any a d d i t i o n s
information you believe will be needed t o complete Parts 2 and 3.
It is expected that completion of the full EAF will be dependent on information currently available and will not involve
new studies, research or investigation. If information requiring such additional work is unavailable, so indicate and specify
each instance.
NAME OF ACTION

JAMES BICK a n d MARTHA BICK
LOCATION OF ACTION (Include Street Address, Municipality and Cotjnty)

3 T e r r a c e C l o s e , N o r t h T a r r y t w o n , New YOrk
NAME OF APPLICANT/SPONSOR

3USINESS TELEPHONE

( 914,

James Bick and Martha Bick
ADDRESS

0

,_

631-8855
•

„n

3 Terrace Close,
STATE

North Tarrytown

ZIP CODE

NY

10591

BUSINESS TELEPHONE

NAME OF OWNER {If dllferent)

same

(

)

ADDRESS

same
STATE

CITY/PO

ZIP CODE

same
DESCRIPTION OF ACTION

Cr£*t-rr5n of one b u i l d i n g

lot

A\A&lt;&amp;

r-e/i, Jod'ViJi'e'"'!

a

h

c.£j* c*&gt;^t- 'o*~£

.

Please Complete Each Question—Indicate N'.A. if not applicable

A. Site Description
Physical setting of overall project, both developed and undeveloped areas.
1. Present land use:
GUrban
Dlndustrial
DCommercial
CSResidential (suburban)
GForest
DAgriculture
QOther
2. Total acreage of project area:
2. , 3
acres.
APPROXIMATE AC RE ACE
Me2dcw or Srushiand (Non-agricultural)
Forested
Agricultural (Includes orchards, cropland, pasture, etc.)
Wetland (Freshwater or tidal as per Articles 24, 25 of ECL)
Water Surface Area
Unvegetated (Rock, earth or fiil)
Roads, buildings and other paved surfaces
Residential
Other (Indicate type).

1.2.

1+

GRural (non-farm)

PRESENTLY
acres

AFTER COMPLETION
acres

acres
acres
acres
acres
acres
acres
acres

acres
acres
acres
acres
acres
acres
acres

1±_

3. What is predominant soil type(s) on project site?
[
a. Soil drainage:
©Well drained J Q Q
% of site
DModerately well drained
% of site
GPoorly drained
% of site
b. If any agricultural land is involved, how many acres of soil are classified within soil group 1 through 4 of the N"
Land Classification System?
N/A acres. (See 1 NYCRR 370).
4. Are there bedrock outcroppings on project site?
a. What is d e p t h t o bedrock?
10-15+

QYes
ONo
(in feet)

�5. A p p r o x i m a t e percentage of proposed project site w i t h slopes:

C0-10%

%

DlO-15%

E l 5% or greater

__%

__ %

6. Is project substantially c o n t i g u o u s to. or contain a building, site-.'or district, listed on the St'ate or the N a t i o n a l
Registers of Historic Places?
CYes
Grfco
'"/. Is project substantially c o n t i g u o u s to a site listed on the Register of National N a t u r a l Landmarks?

8. What is the depth of the water table? 20+

DYes

SNo

(in feet)

9. is site located over a p r i m a r y , principal, or sole source aquifer?

CYes

C_No

10. Do hunting, fishing or shell fishing opportunities presently exist in the project area?

DYes

DNo

1 1 . Does project site c o n t a i n any species of plant or animal life that is i d e n t i f i e d as threatened or endangered?
DYes

CXNo

According to

..

I d e n t i f y each species

,

,. — _ — .

_—

.

12. Are there any u n i q u e or unusual land forms on the project site? (i.e., cliffs, dunes, other g e o l o g i c a l f o r m a t i o n s )
DYes

C_&gt;No

Describe

.

-

.

_

13. Is the project site presently used by the community or neighborhood as 2n open space or recreation area?
DYes
14.

C?No

If yes, explain

Does the present site i n c l u d e scenic views k n o w n to be important to the c o m m u n i t y ?
DYes
_*No

15. Streams w i t h i n or c o n t i g u o u s to project area:

Nope

a. N a m e of Stream and name of River to w h i c h it is tributary

'

16. Lakes, ponds, w e t l a n d areas w i t h i n or contiguous to project area:
a. N a m e

y/A

-*• Size (In acres)

7

' . Is the site served by existing public utilities?

SYes

DNo

a) If Yes, does s u f f i c i e n t c a p a c i t y exist to allow connection?

EYes

b) If Yes, w i l l i m p r o v e m e n t s be necessary to allow connection?

GNo

_?Ves

DNo

13. Is the site l o c a t e d in an agricultural district certified pursuant to Agriculture and Markets Law, A r t i c l e 25-AA,
Section 303 and 304?
DYes
KJNo
19. Is the site l o c a t e d in or substantially contiguous to a Critical Environmental Area designated pursuant to A r t i c l e 8
of the ECL, and 6 NYCRR 617?
^Yes
DNo
20. Has the site ever been used for the disposal of solid or hazardous wastes?

DYes

_jNo

B. Project Description
1. Physical dimensions and scale of project (fill in dimensions 2S appropriate)
a. Total contiguous acreage owned or controlled by project sponsor
b. Project acreage to be d e v e l o p e d :

1+

c. Project acreage to r e m a i n undeveloped
d. Length of p r o j e c t , in miles: N/A

1 • 5+

acres initially;
~

acres.

H~

acres u l t i m a t e l y .

acres.

(If appropriate)

e. If the project is 2n expansion, indicate percent of expansion proposed

N/A

f. Number of off-street p a r k i n g spaces existing

K/A

; proposed

g. M a x i m u m v e h i c u l a r trips generated per hour

(upon c o m p l e t i o n of project)?

h. If residential: N u m b e r a n d type of housing units:
O n e Family
T w o Family

Initially

i

Ultimately

J

i. Dimensions (in feet) of largest proposed structure

%•

N/A
/

M u l t i p l e Family

.

height;

j . Linear feet of frontage along a public thoroughfare project w i l l occupy is?

Condominium

width;

length
ft.

�2. How much natural material (i.e.. rock, earth, etc.) will be removed'from the site? ____
3. Will disturbed areas be reclaimed?

DYes

ENo

tons/cubic yards

DN/A

a. If yes. for what i n t e n d s purpose is the site being reclaimed?
b. Will topsoil be stockpiled for reclamation?

DYes

___

______

CXNo

c. Will upper subsoil be stockpiled for reclamation?

DYes

G&amp;No

4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site?

acres.

5. Will any mature forest (over 100 years old) or other locally-important vegetation be removed by this project?

DYes

-JMO

6. If single phase p r o j e c t Anticipated period of construction
7. If multi-phased:
a. Total number of phases anticipated

months, (including demolition).

(number).

b. Anticipated d a t e of commencement phase 1

N

/A

month

c. Approximate completion date of final phase .

N

A

month

/

d. Is phase 1 functionally dependent on subsequent phases?
8. Will blasting occur during construction?

DYes

year, (including demolition).
year.

DYes

DNo

BNo

9. Number of jobs generated: during construction

; after project is complete

__A

10. Number of jobs eliminated by this project ____________
11. Will project require relocation of any projects or facilities?
12. Is surface liquid waste disposal involved?

DYes

DYes

G_No

CSNo

a. If yes, indicate type of waste (sewage, industrial, etc.) and amount

2L___

b. Name of water body into which effluent will be discharged
13. Is subsurface liquid w a s t e disposal involved?

DYes

L—

C?No

Type

14. Will surface area of an existing water body increase or decrease by proposal?
Explain
15. Is project or any portion of project located in a 100 year flood plain?
16. Will the project generate solid waste?

EYes

a. If yes, what is the a m o u n t per month

DYes

DYes

CSNo

_)No

DNo

N/A

tons

b. If.yes, will an existing solid waste facility be used?
c. If yes, give n a m e

If yes, explain

;

QYes
:

DNo

; location

d. Will any wastes not go into a sewage disposal system or into a sanitary landfill?

DYes

_No

e. If Yes, explain
17. Will the project involve the disposal of solid waste?

(_Yes

DNo

a. If yes, what is the anticipated rate of disposal?

tons/month.

b. If yes, what is the anticipated site life?
18. Will project use herbicides or pesticides?

years.
DYes

ENo

19. Will project routinely produce odors (more than one hour per cay)? DYes

ENo

20. Will project produce operating noise exceeding the local ambient noise levels?
21. Will project result in an increase in energy use?

DYes

DYes

SNo

If yes , indicate type(s)
22. If water supply is from wells, indicate pumping capacity
23.

Total anticipated w a t e r usage per day

'

gallons/day.

24. Does project involve Local. State or Federal funding?
If Yes. explain

gallons/minute.

DYes

w/A

4

_DNo

,

,

ENo

�25. Approvals Required:

Submittal
Type

City. Town. Village Board

DYes

CNo

&amp;Yes

CNo

City, Town Zoning 3oard

DYes

CNo

•ettv. County Health Department

EYes

CNo

$**&amp;«'* *Qr\

Other Local Agencies

DYes

CNo

«

Other Regional Agencies

DYes

CNo

State Agencies

DYes

CNo

Federal Agencies

DYes

CNo

:ity. Town, Village Planning Board

Date

Subdivision

10-3-1994

C. Zoning and Planning Information
1 . Does proposed action involve a planning or zoning decision?

EYes

CNo

If Yes. indicate decision required:
Dzoning amendment

Czoning variance

Dnew/revision of master plan

Cspecial use permit

Cresource management plan

2. What is the zoning classification(s)of the site?

R^S-

QSsubdivision

Dsite plan

Dother

^

3. What is the maximum poten*'?! development of the site if developed as permitted by the present zoning?

^-building lo£—

2. dyJtttin^S

4. What is the proposed zoning of the site?

(Cri€ a

R-P&gt;.

£*tcK undeveloped,

NO

/cf)

jv^

5. What is the maximum potential development of the site if developed as permitted by the proposed zoning?

1 bull dim lvfr

(L*.

"•. Is the proposed action consistent with the recommended uses in adopted local land use plans?

0Yes

DNo

7. What are the predominant land use{s) and zoning classifications wiihin a V* mile radius of proposed action?
Residential

single

f a m i l y , ioJfl'ftttfg Q&amp; f j

$--\

t

iL^Zflr

f

H.

8. Is the proposed action compatible with adjoining/surrounding land uses within a V* mile?

£)Yes

CNo

9. If the proposed action is the subdivision of land, how many lots are proposed? - 1 (K-€Suk&gt;^4y-'i,cv\ a. What is the minimum lot size proposed?

If

d t i - e - o^a&gt;A. l r o f a u &lt;
_

Q*e. b ^ I t W

^

_

r€w*cJor/

c

^

j

10. Will proposed action require any authorization(s) for the formation of sewer or water districts?

DYes

IS)No

11. Will the proposed action create a demand for any community provided services (recreation, education, police,
fire protection)?
C'Yes
ES'o
a. If yes, is existing capacity sufficient to handle projected demand? A^" C^Yes

CNo

12. Will the proposed action result in the generation of traffic significantly above present levels?
a. If yes. is the existing read network adequate to handle the additional traffic?

CYes

CYes

?]No

DNo

D. Informational Details
Attach any additional information as may be needed to clarify your project. If there are or. may be any adverse
impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate or
avoid them.

E. Verification
I certify that the information provided above is true to the best of my knowledge.
Applicant/Sponsor Name JAKES BICK AND MARTHA BICK
i-gnature

::

&lt;= ^lf71

^ ^ l l Q ^

Date

October 3, 1994

Title Attorney

If the action is in the Coastal Area, and you are a stale agency, complete the Coastal Assessment Form before proceeding
with this assessment.
5

�Part 2-PROJECT IMPACTS AND THEIR MAGNITUDE
Responsibility of Lead Agency
General Information (Read Carefully)
f
In completing the form the reviewer should be guided by the question: Have my responses and determinations been
reasonable? The reviewer is not expected to be an expert environmental analyst.
• Identifying that an impact will be potentially large (column 2) does not mean that it is also necessarily significant. ~
Any large impact must be evaluated in PART 3 to determine significance. Identifying an impact in column 2 simply
asks that it be looked at further.
• The Examples provided are to assist the reviewer by showing types of impacts and wherever possible the threshold of
magnitude that would trigger a response in column 2. The examples are generally applicable throughout the State and
for most situations. But, for any specific project or site other examples and/or lower thresholds may be appropriate
for a Potential Large Impact response, thus requiring evaluation in Part 3.
• The impacts of each project, on each site, in each locality, will vary. Therefore, the examples are illustrative and
have been offered as guidance. They do not constitute an exhaustive list of impacts and thresholds to answer each question.
• The number of examples per question does not indicate the importance of each question.
• In identifying impacts, consider long term, short term and cumlative effects.
Instructions (Read carefully)
a. Answer each of the 19 questions in PART 2. Answer Yes if there will be any impact.
b. Maybe answers should be considered as Yes answers.
c. If answering Yes to a question then check the appropriate box (column 1 or 2) to indicate the potential size of the
impact. If impact threshold equals or exceeds any example provided, check column 2. If impact w i l l occur but threshold
is lower than example, check column 1.
d. If reviewer has doubt about size of the impact then consider the impact as potentially large and proceed to PART 3.
e. If a potentially large impact checked in column 2 can be mitigated by change{s) in the project t o a small to moderate
impact, also check the Yes box in column 3. A No response indicates that such a reduction is not possible. This
must be explained in Part 3.

2
S m a l l to
Moderate
Impact

Potential
Large
Impact

O

D

DYes

DNo

D

D

D Y es

DN(

n

DYes
. DYes

DNo

D

D
D

DNO

D

D

DYes

DNO

• Excavation for mining purposes that would remove more than 1,000
tons of natural material (i.e., rock or soil) per year.

D

•

DYes

DNO

• Construction or expansion of a sanitary landfill.

D
D
D

D
D
D

DYes
DYes
DYes

DNO
DNO

D

D

D Y es

DN&lt;

IMPACT ON LAND
1 . Will the proposed action result in a physical change to the project site?

JBNO

DYES

Examples that would apply to column-2
• Any construction on slopes of 15% or greater, (15 foot rise per 100
foot of length), or where the general slopes in the project area exceed
10%.
• Construction on land where the depth to the water table is less than
3 feet.
• Construction of paved parking area for 1,000 or more vehicles.
• Construction on land where bedrock is exposed or generally within
3 feet of existing ground surface.
»
• Construction that will continue for more than 1 year or involve more
than one phase or stage.

• Construction in a designated floodway.
• Other impacts

#

C a n Impact Be
M i t i g a t e d By
Project Change

'.

DNO

Will there be an effect tt. _.iy unique or unusual land forms found on
the site? (i.e., cliffs, dunes, geological formations, etc.JJ^NO
DYES
Specific land forms:

�2

1
I M P A C T ON WATER
3. W i l l proposed action affect any water body designated as protected?
(Under Articles 15. 24, 25 of the Environmental Conservation Law, ECL)
®NO
DYES
Examples that would apply to column 2
• Developable area of site contains a protected water body.

Small to
Moderate
Impact

D
D

D
D

DYes
DYes

DNo
DNo

D
D
D

D
D
D

DYes
DYes
DYes

DNo
DNo
DNo

DYes

DNo

• Dredging more than TOO cubic yards of material from channel of a
protected stream.
• Extension of utility distribution facilities through a protected water body.
• Construction in a designated freshwater or tidal wetland.
• Other impacts:

4. Will proposed action affect any non-protected existing or new body
of water?
E5N0
DYES
Examples that would apply to column 2
• A 10% increase or decrease in the surface area of any body of water
or mere than a 10 acre increase or decrease.

Potential Can Impact Be
Large
Mitigated By
Impact " Project Change

D
D
D

D
D

DYes
DYes

DNo
DNo

D
D

D
D

DYes
DYes

DNo
DNo

• Proposed Action requires water supply from wells with greater than 45
gallons per minute pumping capacity.

D

D

DYes

DN6

• Construction or operation causing 2ny contamination of a water
supply system.

D

D

DYes

DNO

• Proposed Action will adversely affect groundwater.
Liquid effluent will be conveyed off the site to facilities which presently
do not exist or have inadequate capacity.

D
D

D
D

DYes
DYes

DNO

• Proposed Action would use water in excess of 20,000 gallons per
day.

D

D

DYes

DNO

• Proposed Action will likely cause siltation or other discharge into an
existing body of water to the extent that there will be an obvious visual
contrast to natural conditions.

D

D

DYes '

DNO

• Proposed Action will require the storage of petroleum or chemical
products greater than 1,100 gallons.

D

D

DYes

DNO

• Proposed Action will allow residential uses in areas without water
and/or sewer services.

D

D

DYes

DNO

• Proposed Action locates commercial and/or industrial uses which may
require new or expansion of existing waste treatment and/or storage
facilities.

D

D

DYes

DNO

• Other

D

D

D Y es

DNc

D

D

DYes

DNo

• Construction of a body o f W2ter that exceeds 10 acres of surface area.
• Other impacts:

5. Will Proposed Action affect surface or groundwater
quality or quantity?
$NO
Examples that would apply to column 2

DYES

• Proposed Action will require a discharge permit.
,• Proposed Action requires use of a source of water that does not
have approval to itrve proposed (project) action.

0

impacts:

". Will proposed action alter drainage flow or patterns, or surface
' water runoff?
UNO
DYES
Examples that would apply to column 2
• Proposed Action would change flood water flows.
- ..
7

DNO

�Proposed A c t i o n may C2use substantial erosion.
• Proposed A c t i o n is i n c o m p a t i b l e w i t h existing drainage patterns.
•

Proposed A c t i o n w i l l a l l o w development in a designated f l o o d w a y .

• Other impacts:

I M P A C T O N AIR
7 . W i l l proposed a c t i o n a f f e c t air quality?
CNO
DYES
Examples that w o u l d a p p l y t o c o l u m n 2
• Proposed A c t i o n w i l l i n d u c e 1,000 or more vehicle trips in any given
hour.

D

• Proposed A c t i o n w i l l result in the incineration of more than 1 t o n of
refuse per hour.

D

• Emission rate of t o t a l c o n t a m i n a n t s will exceed 5 lbs. per hour or a
heat source p r o d u c i n g m o r e than 10 million 3TU's per hour.

D

• Proposed action w i l l a l l o w an increase in the a m o u n t of l a n d . c o m m i t t e d
t o industrial use.

D

•

D

Proposed action w i l l a l l o w an increase in the density of i n d u s t r i a l .
d e v e l o p m e n t w i t h i n existing industrial areas.

D

• Other impacts:

IMPACT ON PLANTS AND A N I M A L S
W i l l Proposed A c t i o n a f f e c t any threatened or endangered
species?
©NO
Examples that w o u l d a p p l y to column 2

DYES

• Reduction of one or more species listed on the New York or Federal
list, using the site, over or near site or found on the site.

•

• Removal of any p o r t i o n of a critical or significant w i l d l i f e h a b i t a t .

D
D

• A p p l i c a t i o n of pesticide or herbicide more than twice a year, other
than for a g r i c u l t u r a l purposes.
• Other

D

impacts:

9. W i l l Proposed A c t i o n substantially affect non-threatened cr
non-endangered species?
CSN'O
Examples that w o u l d a p p l y to column 2

DYES

Proposed A c t i o n w o u l d substantially interfere w i t h any resident or
migratory fish, shellfish or w i l d l i f e species.

D

• Proposed A c t i o n requires the removal of more than 10 acres
cf mature forest (over 100 years of age) or other l o c a l l y i m p o r t a n t
vegetation.

D

•

IMPACT ON AGRICULTURAL LAND RESOURCES
1 0 . W i l l the Proposed A c t i o n affect agricultural land resources?
£)NO
DYES
Examples that w o u l d a p p l y to c o l u m n 2
|* The proposed action w o u l d sever, cross or l i m i t access t o a g r i c u l t u r a l
land (includes c r o p l a n d , hayfields, pasture, v i n e y a r d , orchard, etc.)

D

�1
Small to
Moderate
Impact
^ ^ P r o p c s e d Action may C2use substantial erosion.
• Proposed Action is incompatible with existing drainage patterns.
• Proposed Action will allow development in a designated floodway.
• Other impacts:

D
D
D
D

IMPACT ON AIR
£'NO
DYES
7 . Will proposed action affect air quality?
Examples that would apply to column 2
• Proposed Action will induce 1,000 or more vehicle trips in any given
hour.
• Proposed Action will result in the incineration of more than 1 ton of
refuse p^r hour.

D
D

• Emission rate cf total contaminants will exceed 5 lbs. per hour or a
he2t source producing more than TO million 3TU's per hour.

D

• Proposed action will 2II0W an increase in the amount of land.committed
to industrial use.

D

• Proposed action will allow an increase in the density of industrial.
development within existing industrial areas.

D

• Other impacts:

D

IMPACT ON PLANTS AND ANIMALS
L Will Proposed Action affect any threatened or endangered
species?
£'NO
Examples that would apply to column 2

GYES

• Reduction of one or more species listed on the New York or Federal
list, using the site, over or near site or found on the site.

D

• Removal cf any portion of a critical or significant wildlife habitat.

a

• Application of pesticide or'herbicic'e more than twice a year, other
than for agricultural purposes.

•

• Other

impacts:

D

9. Will Proposed Action substantially affect non-threatened cr
non-endangered species?
Z—TN'O
Examples that would appiv to column 2

GYES

• PrcDcsed Action would substantially interfere with any resident or
migratory fish, shellfish or wiic'Iife species.

a

• Proposed Action requires the removal cf more than 10 acres
cf mature forest (over ICO years of age) or other locally important

a

IMPACT ON AGRICULTURAL LAND RESOURCES
".0. Will the Proposed Action affect agricultural land resources?

J-5NO

GYES

Examples that would apply to column 2
• The proposed action would sever, cross or limit access to agricultural
land (includes cropland, hayfields, pasture, vineyard, orchard, etc.)

D

�1
Can Impact Be
Mitigated By
Project Change

Small to
Moderate
Impact

D

DYes

DNo

D

DYes

DNo

D

DYes

DNo

D

D

DYes

DNo

D

•

DYes

DNo

D

D

DYes

DNo

D

D

DYes

DNo

D

D

DYes

DNc

D

D

DY es

DNo

D

D

DYes

DNo

D

D

DYes

DNo

D

D

DYes

DNo

• Construction activity would excavate or compact the soil profile of
agricultural land.
• The proposed action would irreversibly convert more than 10 acres
of agricultural land or, if located in an Agricultutal District, more
than 2.5 acres of agricultural land.
• The proposed action would disrupt or prevent installation of agricultural
land management systems (e.g.. subsurface drain lines, outlet ditches,
strip cropping); or create a need for such measures (e.g. cause a farm
field to drain poorly due to increased runoff)
• Other impacts:

D

IMPACT ON AESTHETIC RESOURCES
1 1 . Will proposed action affect aesthetic resources?
ENO
DYES
(If necessary, use the Visual EAF Addendum in Section 617.21,
Appendix B.)
Examples that would apply t o column 2
• Proposed land uses, or project components obviously different fro'm
or in sharp contrast to current surrounding land use patterns, whether
man-made or natural.
• Proposed land uses, or project components visible to users of
aesthetic resources which will eliminate or significantly reduce their
•enjoyment of the aesthetic qualities of that resource.
• Project components that will result in the elimination or significant
screening of scenic views known to be important to the area.
• Other impacts:

IMPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES
12. Will Proposed Action impact any site or structure of historic, prehistoric or paleontological importance?
ENO
DYES
Examples that would apply to column 2 .«
• Proposed Action occurring wholly or partially within or substantiallycontiguous to any facility or site listed on the State or National Register
of historic places.
• Any impact to an archaeological site or fossil bed located within the
project site.
• Proposed Action will occur in an area designated as sensitive for
archaeological sites on the NYS Site Inventory.
• Other impacts:

IMPACT ON OPEN SPACE AND RECREATION
13. Will Proposed Action affect the quantity or quality of existing or
future open spaces or recreational opportunities?
Examples that would apply to column 2
ENO
DYES
. The permanent foreclosure of a future recreational opportunity.
• A major reduction of an open space important to the community.

• Other impacts:

I

D
D
D

D
D
D

DYes
DYes
DYes

DNo
DNo
DNO

�1

2

Small to
Moderate
Impact

Potential
Large Impact

D
D
D

D
D
D

DYes

DNO

DYes

DNo

DYes

DNo

D

D

DYes

DNo

• Proposed Action will require the creation or extension of an energy
transmission or supply system to serve more than 50 single or two family
residences or to serve a major commercial or industrial use.

D

D

DYes

DNo

• Other impacts:

D

D

DYes

DNo

• Blasting within 1,500 feet of a hospital, school or other sensitive
facility.

D

D

DYes

DNc

• Odors will occvr routinely (more than one hour per day).

D
D

D
D

DYes

DNo

DYes

DNo

a

D

CYes

DNo

D

D

DYes

DNo

• Proposed Action may cause a risk of explosion or release of hazardous
substances (i.e. oil, pesticides, chemicals, radiation, etc.) in the event of
accident or upset conditions, or there may be a chronic low level
discharge cr emission.

D

D

DYes

DNo

• Proposed Action may result in the burial cf "hazardous wastes" in any
form (i.e. toxic, poisonous, highly reactive, radioactive, irritating,
infectious, etc.)

D

D

DYes

CNO

• Storage facilities for one million or more gallons of liquified natural
gas or other flammable liquids.

D

D

DYes

DNo

D

DYes

DNO

D

DYes

DNo

IMPACT ON TRANSPORTATION
14. W i l l there be an effect to existing transportation systems?
ENO
Examples that would apply to column 2

''
DYES

• Alteration of present patterns of movement of people and/or goods.
• Proposed Action will result in major traffic problems.
• Other impacts:

Can Impact Be
Mitigated By
Project Chanc;

IMPACT ON ENERGY
15. Will proposed action affect the community's sources of fuel or
energy supply?
&amp;NO
DYES
Examples that would apply to column 2
• Proposed Action will cause a greater than 5% increase in the use of
any form of energy in the municipality.

NOISE AND ODOR IMPACTS
16. Will there be objectionable odors, noise, or vibration as a result
of the Proposed Action?
• ENO
DYES
Examples that would apply to column 2

• Proposed Action will produce operating noise exceeding the local
ambient noise levels for noise outside of structures.
• Proposed Action will remove natural barriers that would act as a
noise screen.
• Other

impacts:

IMPACT ON PUBLIC HEALTH
17. Will Proposed Action aiiect

public health and safety?
£'NO
Examples that would apply to column 2

DYES

• Proposed action may result in the excavation or other disturbance
within 2,000 feet of a site used for the disposal of so'id or hazardous
waste.
• Other impacts:

a

•
10

�IMPACT ON GROWTH AND CHARACTER
OF COMMUNITY OR NEIGHBORHOOD
" "*. Will proposed action affect the character of the existing community?
£3NO
DYES
Examples that would apply to column 2
• The permanent population of the city, town or village in which the
project is located is likely to grow by more than 5%.
• The municipal budget for capital expenditures or operating services
will increase by more than 5% per year as a result of this project
• Proposed action will conflict with officially adopted plans or goals.'
• Proposed action will cause a change in the density of land use.
• Proposed Action will replace or eliminate existing facilities, structures
or areas of historic importance to the community.
• Development will create a demand for additional community services
(e.g. schools, police and fire, etc.)
• Proposed Action will set an important precedent for future projects.
• Proposed Action will create or eliminate employment
• Other impacts:
•

I

i
Small to

Moderate
Impact

2

Potential Can Impact Be
Large - Mitigated By
Impact Project Change

D

D

DYes

DNo

G

D

DYes

DNo

D
D
D

D
D
D

DYes
DYes
DYes

DNo
DNo

D

D

DYes

DNo

D
D
D

D
D
D

DYes
DYes
DYes

DNO

DNO

DNo
DNo

19. Is there, or is there likely to be, public controversy related to
potential adverse environmental impacts?
&gt;&amp;NO
DYES

if Any Action in Part 2 Is identified as a Potential Large Impact or
If You Cannot Determine the Magnitude of Impact, Proceed to Part 3

Pari 3—EVALUATION OF THE IMPORTANCE OF IMPACTS
Responsibility of Lead Agency
Part 3 must be prepared if one or more impact(s) is considered to be potentially large, even if the impact(s) may be
mitigated.
Instructions
Discuss the following for each impact identified in Column 2 of Part 2:
1. Briefly describe the impact.
2. Describe (if applicable) how the impact could be mitigated or reduced to a small to moderate impact by project change's).
3. Based on the information available, decide if it is reasonable to conclude that this impact is important.
To answer the question of importance, consider:
• The probability of the impact occurring
—
• The duration of the impact
• Its irreversibility, including permanently lost resources of value
• Whether the impact can or will.be controlled
• The regional consequence of the impact
• Its potential divergence from local needs and goals
• Whether known objections to the project relate to this impact.
(Continue on attachments)

11

�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, 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:

November 17, 1994

Subject:

Review of Philipse Plaza Site Plan

As requested, we have reviewed the revised site plan drawings for
the application known as "Philipse Plaza" 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 most recently put on the July 1994 meeting agenda,
at which time the application was not discussed by the Planning
Board since the Applicant was unable to attend.
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) and Julio's Auto
Repair (a motor vehicle repair shop). Antonio Cabinetry was the
subject of a site plan application which was approved February 20,
1992 and received use and area variances. The Code will only allow
more than one principal building on a property when it is designed
as a "planned development group."
This application should be
considered an application for amended site plan approval for the
entire lot.
The Applicant is proposing to remove the existing delicatessen and
motor vehicle repair shop 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.
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 &amp;
Linda Rodrigues, Situate Village of No. Tarrytown, Town of Mt.
Pleasant, Westchester Co., New York," scale 1" = 20', dated
April 5, 1993 and roost recently revised April 26, 1994,
prepared by Contadino Architects and John J. Muldoon;

3.

Sheet SK-1, "Site Plan, Philipse Plaza, Village of North
Tarrytown, New York," scale 1" = 2 0 ' , dated October 7, 1994
and most recently revised November 7, 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 and
most recently revised November 7, 1994, prepared by Contadino
Architects;

5.

Sheet 4, "Deli Operation Plan, Philipse Plaza, Village of
North Tarrytown, New York," scale 1" = 20', 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," scale 1/8" = 1', dated February 22, 1993
and most recently revised April 26, 1994, prepared by
Contadino Architects.

REVIEW COMMENTS
1.

Zoning Compliance:
The site plan states that the maximum
permitted lot coverage is 60%. This should be changed to
reflect the fact that the maximum permitted lot coverage for
a planned development group is 3 5%.
As noted in our June 10, 1994 memorandum to the Planning
Board, the proposed building does not comply with the required
minimum rear yard setback of 20 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).

2.

Parking and Loading: We assume that the entire first floor of
the proposed building will be retail and service business uses
and not contain other uses (such as a restaurant with seats,
2

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

which has a potentially more restrictive parking standard).
Based on the parking standards for office and retail uses, a
minimum of 47 parking spaces are required in addition to the
eight spaces required for the manufacturing use, for a total
of 55 required spaces. However, only 48 spaces are shown on
the plan. In addition, the Zoning Code requires spaces to be
9' X 20• and most of the spaces on the plan are smaller than
that. The deficient number and size of the parking spaces
should either be corrected or variances obtained from the ZBA.
As noted in our June 10, 1994 memorandum, we would prefer a
24-foot wide aisle rather than the 20-foot aisle shown.
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. In addition, the aisle in the area shown in the
"Compact Car Area" should be widened to at least 22 feet.
As requested, a handicapped-accessible ramp from the parking
area to the walkway arcade has been added to the plan.
As required by the Zoning Code, a second loading space has
been added to the plan.
3.

Circulation and Traffic:
10, 1994, we recommend
prepared to evaluate the
Broadway in the vicinity
and two-way access plans

As noted in our memorandum of June
that a limited traffic study be
impact of this development on North
of the site and to evaluate one-way
for the site.

The plan has been revised to show that the proposed northern
access drive has been widened to 22 feet in width (not to
scale).
The ends of some of the parking islands should be cut back in
order to allow for improved circulation.
The plan shows the location of the proposed sidewalk, planting
strip and relocated curb within the right-of-way of Route 9.
The Board may recall that in August, as per the request of the
Village, we sent a letter and a concept plan to the New York
State Department of Transportation (NYSDOT) to suggest modest
improvements to the intersection and to provide area for a
sidewalk to serve this project. The Applicant should followup with NYSDOT regarding both the modifications proposed by
the Applicant and the concept plan.
In any case, the
Applicant will need approval from NYSDOT for a Highway Work
Permit.

3

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

4.

Landscaping and Buffers: We recommend that the outstanding
comments under Review Comment #5 in our memorandum to the
Planning Board dated June 10, 1994 be addressed.

5.

Environmental Review:
We recommend that the outstanding
comments under Review Comment #6 in our memorandum to the
Planning Board dated June 10, 1994 be addressed, in particular
the submission of a full Environmental Assessment Form (EAF).

6.

Referral: As per the Westchester County Planning Department's
recommendation, the Village should send a copy of the proposed
site plan, visual impact and elevation drawings (and the
previously submitted area map) to the New York State Historic
Preservation Office (SHPO) for comment due to the site's
proximity to Philipsburg Manor.

7.

Further Information:
As requested in our June 10, 1994
memorandum, if any
freestanding
signs are proposed,
information regarding the dimensions and locations of the
signs should be provided. Also, the Applicant should indicate
whether the auto repair use will continue on the site during
construction.
Susan J. Portman, AICP, Associate/Planning

cc:

Sean Treacy, Mayor
Linda E. David, Village Administrator
Janet A. Gandolfo, Esq., Village Attorney
James T. Margotta, Building Inspector
Mark A. DiGennaro, Village Engineer
Louis Contadino, AIA

500\not4-039.sjp.crc

4

�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

Michael A. Galante
Joanne P. Meder, AICP

(914) 967-6540

Jim Donovan, RLA, ASLA

MEMORANDUM
To:

Village of North Tarrytown Planning Board

Date:

November 4, 1994

Subject:

Recreation Fees

I am writing in connection with the discussion recently regarding
recreation fees and the U.S. Supreme Court case, Dolan v. Citv of
Tiaard.
As you may know, the New York State Village Law was
amended (effective July 1993) concerning reservation of parkland
and fees in lieu of parkland for residential site plan and
subdivision approvals (see attachment).
The State enabling
legislation now requires planning boards to evaluate:
"the present and anticipated future needs for park and
recreational facilities in the village based on [the]
projected population growth to which the particular
[residential] site plan [or subdivision plat] will
contribute."
Other communities have prepared studies in accordance with the
enabling legislation of their existing facilities and future needs
in order to determine the amount of park and recreation land needed
and the appropriate amount of fees-in-lieu of land. A study such
as is required by Village Law would appear to be consistent with
the "rough proportionality" test from the Dolan case.
Susan J. Portman, AICP, Associate/Planning
Attachment
cc:

Sean Treacy, Mayor
Linda E. David, Village Administrator
Janet A. Gandolfo, Esq.
Donal M. Walsh, Esq.
James T. Margotta, Building Inspector

500\not4-0A5.sjp

Connecticut • (203) 255-3100

FAX • (914) 967-6615

Long Island • (516) 364-4544

�APPENDIX: VILLAGE LAW (EFFECTIVE JULY I. 19931

Relerrats o! matters to planning boards

rower to make Investigations and reports

Planning commissions

APPENDIX: VILLAGE LAW (EFFECTIVE JULY 1. 19931

a The village board of trustees may by resolution provide lor the relerence ol any
matter or class ol matters, other than those referred lo In subdivision ten ol this
section, to the planning board before Pinal action Is taken thereon by the village board
ol trustees or other office or officer of said village having final authority over said
matter The village board of trustees may further stipulate that final action thereon
shall not be taken until the planning board has submitted Its report thereon, or has
had a reasonable time to be fixed by the village board of trustees In said resolution,
to submit the report
b In addition, the planning board shall have the fuH power and authority to make
such Investigations, maps, reports, and recommendations In connection therewith
relating to the planning and development ol the village as It seems desirable, providing
the total expenditures of said board shaft not exceed the appropriation provided therefor

proval with modifications or disapproval ol site plans submitted for approval. Any such
waiver, which shal be subject lo appropriate conditions sel forth in the local taw
adopted pursuant to this section, may be exercised in the event any such requirements are found not to be requisite In the interest of the pubic health, safely or
general welfare or inappropriate to a particular site plan

y

(a) Before such authorized board may approve a site plan contorting residential
units, such site plan shal also show, when required by such board, a park or parks
suitably located for playground or other recreational purposes.

Required findings

|b) Land lor park, playground or other recreational purposes may not be required
until the authorized board has made a finding thai a proper case exists for requiring
that a part or parks be suitably located for playgrounds or other recreational purposes
within the vilage. Such timings shal include an evaluation of the present and anticipated future needs for park and recreational laclties in the vilage based on projected
population growth lo which the particular site plan wM contribute.

12 Planning commission In any village In which there is a planning commission
created under article twelve A ol the general municipal law, the board of trustees,
instead of authorizing the appointment of a planning board under this article, may
provide that the existing commission shall continue, the members thereof thereafter
to be appointed in accordance with the provisions ol such article twelve A. and to
have the powers and duties as specified for a planning board appointed under this
article, provided, however, that In such village section two hundred thirty-eight of the
general municipal law shal not be in force.
Cash In leu of parkland
S 7 725-a. Site plan review

Definition ot "site plan"

1 Definition of site plan As used in this section the term "site plan" shall mean a
rendering, drawing, or sketch prepared to specifications and containing necessary
elements, as sel forth In the applicable zoning local law. which shows the arrangement, layout and design of the proposed use of a single parcel of land as shown on
said plan Plats showing lots, blocks or sites which are subject to review pursuant to
authority provided for the review of subdivisions under section 7-728 ol this article
shal continue to be subject to such review and shall not be subject to review as site
plans under this section
2 Approval of slle plans

Approval by planning bond or other
administrative body

Ordinance or local law to specify uses
subject to site plan approval, and to specify
etements to be included on site plans

Issuance of building perm!

Area variances

Conditions

(a) The village board of trustees may. as part of a local law adopted pursuant to this
article or other enabling taw. authorize the planning board or such other administrative
body that it shal so designate, to review and approve, approve with modifications or
disapprove site plan prepared lo specifications set forth in the local law and/or in
regulations of such authorized board. Site plans shal show the arrangement, layout
and design of the proposed use of the land on said plan. The local taw shal specify
the land uses that require site plan approval and the elements to be included on plans
submitted for approval. The required slle ptan etements which are included In the local
law may include, where appropriate, those related to parking, means of access,
screening, signs, landscaping, architectural features, location and dimensions ol
buildings, adjacent land uses and physical features meant to protect adjacent land
uses as w e l as any additional elements specified by the village board ol trustees in
such local taw.

Credit for land or cash In approved
subdivision plat

Procedures; notice and hearing; decision

(b) When an authorization to approve site plans Is granted by the vilage board ol
trustees pursuant to this section, the terms thereof may condition the issuance of a
building permit upon such approval
3 Application lor area variance Nolwithatanolng any provisions ol law lo the contrary, where a proposed site plan contains one or more features which do not comply
with the zoning regulations, applications may be made lo the zoning board of appeals
for an area variance pursuant to section 7-712-b of this article, without the necessity
ol a decision or determination of an administrative official charged with the enforcement of the zoning regulations
4 Conditions attached lo the approval of site plans The authorized board shal
have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental lo a proposed site plan. Upon Its approval ol said site
plan, any such conditions must be met in connection with the issuance of permits by
applicable enforcement agents or officers of the vMage
5 Waiver of conditions. The village board ol trustees may lurther empower the
authorized board to. when reasonable, waive any requirements for the approval, ap-

6. Reservation of parkland on site plana containing residential units.

Parkland or cash In leu for residential site
plans

deferral under General Municipal Law.
section 239m

Complance with Stale Environmental Quetty
Review Act

(c) In the event the authorized board makes a finolng pursuant to paragraph (b) ol
this subdivision that the proposed site plan presents a proper case lor requiring a
park or parks suitably located lor playgrounds or other recreational purposes, but that
a suitable park or parks of adequate size to meet the requirements cannot be property
located on such site ptan, the authorized board may require a sum of money In leu
thereof to be established by the vilage board of trustees. In making such determination of suilabaty, the board shal assess the size and suitaoSry of lands shown on
the site ptan which could be possible locations lor park or recreational facaWes. as
wel as practical factors inducing whether there is a need for additional fadaHe* In
the Immediate neighborhood. Any monies required by the authorized board In leu of
land for park, playground or other recreational purposes, pursuant to the provisions
of this section, shal be deposited Into a trust fund lo be used by the vilage exclusively
for park, playground or other recreational purposes, Inducing the acquisition ol property
(d) Notwithstanding the foregoing provisions of this subdivision, if the land Included
in a site plan under review is a portion of a subdrvision plat which has been reviewed
and approved, the authorized board shal credit the appScant for any land set aside
or money donated in leu thereof under such subdrvision ptat approval. In the event
ol resubdnrision ol such ptal, nothing shal preclude the additional reservation ol parkland or money donated in leu thereof.
7. Public hearing and decision on site plans. In the event a public hearing Is required
by local taw adopted by the vilage board of trustees, the authorized board shal
conduct a pubic hearing within sixty-two days from the day an apptcation is received
on any mailer referred lo M under this section. The authorized board shal mal notice
of said hearing to the applicant at least ten days before such hearing, and shal give
pubac notice ol said hearing in a newspaper of general circulation in the vttage at
least five days prior to the dale thereof and shal make a decision on the apptcation
within sixty-two days after such hearing, or after the day the apptcation is received
if no hearing has been held. The time within which the authorized board must render
its decision may be extended by mutual consent of the apptcanl and such board. The
decision of the authorized board shal immedtalery be fled In the office of the vatage
clerk and a copy thereof mailed to the apptcanl Nothing herein shal preclude the
holding ol a pubac hearing on any matter on which a pubic hearing is not so required.
8 Notice lo metropolitan, regional or county planning agency. At least tan days
before such hearing, the authorized board shal mal notices thereof lo the county,
metropolitan or regional planning agency, as required by section two hundred thirtyrune m ol the general municipal taw. which notice shal be accompanied by a lul
statement of the matter under consideration, as defined in subdrvision one of section
two hundred thirty nine-m of the general municipal taw In the event a pubac hearing
is not required, the matter shal be referred to the metropoMan. county, or regional
planning agency before final action Is taken thereon, il required by section two
hundred thirty nine-m of the general municipal taw.
9. Complance with stale environmental qualty review act. The authorized board
shal comply with the provisions of the state environmental qualty review act under
article eight of the environmental conservation law and its implementing regulations
as codHled m 0 NYCRR 6 1 7 .
121

�\

A P P E N D I X . V I L L A G E LAW I E I T E C T I V E JULY 1. I99J)

APPENP&gt;X= VRiAQE LAW (EfFECT-VE m v

a final plat shall expire wilhln one hundred eighty days after Ihe dale of Ihe resolution
granting conditional approval unless such requirements have been certified as completed
8 Extension ol time Notwithstanding the foregoing provisions ol this section, the
planning board may extend the time In which a conditionally approved plat in final form
must be submitted for signature If. In Its opinion, such extension is warranted by Ihe
particular circumstances thereof, which time shall not exceed two additional periods
of ninety days each
Approval In sections

fererraY pursuit
Miction 239-n

to General Municipal Law,

9 Approval of plat In sections. In granting conditional or final approval of a plat In
final form, the planning board may permit the plat to be subdivided and developed in
two or more sections and may in Its resolution granting conditional or final approval
state that such requirements as It deems necessary to Insure the orderly development
of the plat be completed before said sections may be signed by the duly authorized
officer ol the planning board. Conditional or final approval ol Ihe sections of a final
plat may be granted concurrently with conditional or final approval ol Ihe entire plat,
subject to any requirements Imposed by the planning board.
10 Notice to county planning agency. When a county planning agency has been
authorized to review subdivision plals pursuant to section two hundred thirty-nine-n
ol the general municipal law, Ihe clerk ol the planning board shall refer a l applicable
preliminary and final plats to such county planning agency as provided in that section.
11 Expiration ol approval. The signature of the duty authorized officer of the planning board constituting final approval by the planning board of a plat as herein provided, or the approval by such board of Ihe development of a plat or plats already
filed In the office ol Ihe county dark or register of the county In which such plat or
plats are located If such plals are entirety or partialy undeveloped; or Ihe certificate
ol the vMage clerk as to the date ol Ihe submission ol the final plat and the failure of
the planning board to take action within Ihe time herein provided, shall expire within
sixty-two days from the date ol such approval, or from the dale such certificate la
issued, unless within such sixty-two day period such plat or a section thereof shaft
have been duly filed or recorded by Ihe owner in the office of the county clerk or
register In the event Ihe owner shall file only a section ol such approved plat in Ihe
office of the county dark or register, the entire approved plat shall be filed within
thirty days of the Rang of such section with the vMage clerk in each visage In which
any portion ol the land described in the plat Is situated. Such section shall encompass
at least ten percent of the total number of tola contained in the approved plat, and
the approval ol the remaining sections of the approved plat Shad expire unless said
sections are fled before the expiration of the exemption period to which such plat la
entitled under the provisions of section 7-708 ol this article.

(b) suitable monuments be placed al block corners and other necessary points as
may be required by the board and the location thereof is shown on Ihe map of such
pial.
Required Improvements

y
Reservation ofparkJand or cash In leu
thereof

Required findings

Cash In leu of parkland
'So *t original—probably should read
"auttabWy"

ll

(a) the streets and highways be of sufficient width and suitable grade and thai ba
suitably located to accommodate the prospective traffic, to afford adequate Rght and
air. to lacaHale Are protection, and to provide access ol nrefightJng equipment to
buildings If there be an official map. vMage comprehensive plan or functional/master
plans, such streets and highways shad ba coorrjnated so as to compose a convenient

126

3 Compliance with zoning regulations. Where a zoning ordinance or local law has
been adopted by the vHage. the lots shown on said plat shal al least comply with the
requirements thereof subject, however, to the provisions of section 7-738 of this
article.
4. Reservation of parkland on subdivision plats containing residential units.
(a) Before Ihe planning board may approve a subdivision plat containing residential
units, such subdrvision pial shal also show, when required by such board, a park or
parks suitably located for playground or other recreational purposes.
(b) Land lor park, playground or other recreational purposes may not be required
until the planning board has made a finding thai a proper case exists lor requiring thai
a park or parks ba suitably located for playgrounds or other recreational purposes
within the vttage. Such findings aha* Include an evaluation of the present and anticipated future needs for park and recreational fadttea In the vMage based on projected
t'jputatton growth to which Ihe particular subdivision plat wM contribute.
(c) In the event the planning board makes a Nrwang pursuant to paragraph (b) of this
subdivision thai the proposed subdrvision plat presents a proper case for requiring a
park or parka suitably located for playgrounds or other recreational purposes, but that
a suitable park or parks of adequate aha to meet the requirement cannot ba property
located on such aubdMslon plat, the planning board may require a sum of money in
leu thereof. In an amount to be estabtahed by the vOege board of trustees. In making
such determination of auHablMy. the board shal assess the size and suitably* of land
shown on the subdMalon plat which could ba possfct* locations lor park or recreaUonai tecMlM. as w a l as practical factor* fnckjdkig whether there I* a need for additional facxWes in Ihe kwnedtete neighborhood. Any moneys required by the planning
board In l e u of land for park, playground or other recreational purposes, pursuant to
the provisions of (his (action, shal ba deposited into a trust fund to ba used by the
vHage exclusively lor park, playground or other recreational purpose*. IncfcjrJng the
acquisition of properly.
S. Character of the development, in making such determination regarding streets,
highways, parks and required Improvements, the planning board t h a i take Into consideration the prospective character of the development, whether dense residence,
open residence, business or Industrial.

Area variances

1. Purpose. Before the approval by the planning board of a plat showing lots, blocks
or sites, with or without streets or highways, or the approval ol a plat already fled In
the office of the clerk ol the county wherein such plat la situated II the plat Is entirely
or partialy undeveloped, the planning board t h a i require that the land shown on the
plat be ol such character that it can be used safety for bu»c*ng purposes without
danger to hearth or perl from fire, flood, drainage or other menace to neighboring
properties or the puofic health, safety and welfare.
2. Additional requirements The planning board shall also require that:

(c) all streets or other pubHc places shown on such plats be suitably graded and
paved: street signs, sidewalks, street lighting standards, curbs, gutters, street trees,
water mains, fire alarm signal devices (Including necessary ducts and cables or other
connecting facilities), sanitary sewers and storm drains be Installed a l in accordance
with standards, specifications and procedures acceptable to the appropriate vttage
departments except as hereinafter provided, or alternatively that a performance bond
or other security be furnished to the vWage. as hereinafter provided.

Compliance with zoning

13 Compliance with state environmental quaWy review act. The planning board
shal comply with the provisions ol the stale environmental qualty review act under
article eight ol the environmental conservation law and Its Implementing regulation"
as codified In 6 NYCRR 6 1 7 .
| 7-730. Subdivision review; approval of plals; additional requisites

General reoutremerHs

\m}

system conforming to the official map and properly related to the proposals shown in
the comprehensive plan of the village:

12. Subdrvision abandonment. The owner of an approved subdivision may abandon
such subdivision pursuant to the provisions ol section five hundred sixty of the real
property tax law.
Comptmnca with State Environment* Quality
Review Act

-,

Waivers

6 Applcatton for area variance. Notwithstanding any provision o' law to the contrary, where a pial contains one or mora lota which do not comply with the zoning
local law regulations, appacatlon may ba mad* to the zoning board of appeal* for an
area variance pursuant to section 7-712-b of thia article, without the necessity of a
decision or determination of an adrnW*lr*tiv* official charged with the enforcement
of the zoning regulations. In reviewing such appkcafJon the zoning board of appeal*
shal request the planning board to provide • written recorrvnendetton cortcerrtng the
proposed variance.
7 Waiver of requirementa. The planning board may waive, when reasonable, any
requirement* or Improvements lor the approval, approval with modWcaaon* or Disapproval of subdrvision* submitted for K* approval. Any such waiver, which shal ba
subject to appropriate conoloon*. may ba *x*rcfsad In th* event any such requirements or Improvements are found not to be requisite In t h * inter**! of t h * pubic
health, safety, and general welfare or ln*ppropn*l* because of inadequacy or lack of
connecting (acmes adjacent or in proximity to the subdrvision.
127

�FREDERICK P. CLARK ASSOCIATES, INC.

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

Planning/Development/Environment/Transportation
Rye, New York and Southport, Connecticut
350 Theodore Fremd Avenue
Rye, New York 10580
(914)967-6540
70.

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

V i l l a g e of North Tarrytown Planning Board

DATE:

10/31/94

Sean Treacy, Mayor

PROJECT: 520.037/Hogan S u b d i v i s i o n

Linda E. David, Village Administrator

FAX NO.:

J a n e t A.-Gandolfo, E s q . , James T. Margotta, Building Inspector
Mark A. DiGennaro, V i l l a g e Engineer
WE TRANSMIT HEREWITH:

VIA:

(x)
( )
( )

( )
( )

As requested
As per conversation
Per request of

( )
( )
( )

First Class Mail
Express Delivery
Telefax - # of Pages
(including cover sheet)
Our Messenger
Your Messenger
Hand Delivery

FOR YOUR:
( )
(*)
( )

Approval
Review
Distribution

File
Information

( )
( )
( )

( )
( )

Use
Comnlent

THE FOLLOWING:
Description

Date

No. of Copies
1

10/20/94

Nee a t i v e D e c l a r a t i o n

1

10/31/94

Draft Resolut i o n

REMARKS:

0 n

October 2 8 , 1994,

County Planning Department.

I spoke with Ed Hoffmeister

a t t h e Westchester

He said the County Planning Board d i d not have

any comments on t h i s subd i v i s i o n .

cc:

James F. Hogan
192 Webber Avenue
North Tarrytown, NY 10591

Connecticut • (203) 255-3100

gy Susan J . Portman, AICP
Associate /jfiannmg

FAX • (914) 967-6615

Long Island • (516) 364-4544

�SEQR
617.21
Appendix F
State Environmental Quality Review
NEGATIVE DECLARATION
Notice of Determination of Non-Significance

K
'

Project Number

Date

October 20. 1994

This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State
Environmental Quality Review Act) of the Environmental Conservation Law.
The Village of North Tarrvtown 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:

SEQR Status:

Hogan Two-Lot Subdivision

Type I
Unlisted

X

Conditioned Negative Declaration:

Yes
X No

Description of Action:
Two-lot subdivision of a property 0.4 acres in size.

Location:

(Include street address and the name of the municipality/county. A location map of appropriate scale is
also recommended.)
19 Maple Street, Village of North Tarrvtown, Westchester County.
Tax Map Sheet 17, Block 9, Lot 2-A.

�6EQR Negative Declaration

Page 2

^measons Supporting This Determination:
See 617.6(g) for requirements of this determination; see 617.6(h) for Conditioned Negative Declaration)
The proposed action will not cause a significant adverse impact on land, water, air, plants and
animals, agricultural land resources, aesthetic resources, historic and archaeological resources,
open space and recreation, transportation, energy, public health, growth and character of the
community or cause significant adverse noise and odor.

For Further Information:

Contact Person:

Linda E. David, Village Administrator

Address:

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

Telephone Number:

(914) 631-1440

�D R A F T
RESOLUTION
Adopted at the October 20, 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 VICTORIA M. HOGAN
APPLICANT: JAMES F. HOGAN
LOCATION: 19 MAPLE STREET
TAX DESIGNATION: SHEET 17, BLOCK 9, LOT 2-A
ZONING: R-4 RESIDENTIAL

�RESOLUTION
Adopted at the October 20, 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 VICTORIA M. HOGAN
APPLICANT: JAMES F. HOGAN
LOCATION: 19 MAPLE STREET
TAX DESIGNATION: SHEET 17, BLOCK 9, LOT 2-A
ZONING: R-4 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 northern side of Maple Street at
19 Maple Street into two (2) lots for residential development; and
WHEREAS, Lot A would be 5,625 square feet in size and Lot B
would be 11,250 square feet in size and would contain the existing
three-family dwelling and detached garage, as shown on the drawing
prepared by John J. Muldoon, Professional Land Surveyor, and
further identified as follows:
"Subdivision Map Prepared for the Estate of Victoria M. Hogan,
Situate Village of No. Tarrytown, Town of Mt. Pleasant,
Westchester Co., N.Y.," scale 1" = 2 0 ' , dated August 7, 1994
and most recently revised September 28, 1994; and
WHEREAS, all references to the "Applicant" shall include the
Applicant's successor and assigns; and
WHEREAS, the Applicant has stated that the Zoning Board of
Appeals previously granted a use variance for the existing threefamily dwelling on Lot B; and
WHEREAS, in the original application, the Applicant proposed
a three-lot subdivision and the Applicant subsequently revised the
application to propose a two-lot subdivision; and
WHEREAS, the site has been visited by the Village's Planning
Consultant and the Planning Board is thoroughly familiar with the
site and all aspects of the proposed subdivision; and
WHEREAS, on October 28, 1994, the Westchester County Planning
Board informed the Village's Planning Consultant that they had no
comments to offer on this application; and

�WHEREAS, a duly advertised public hearing was held at the
Village Hall on October 20, 1994, at which time those wishing to be
heard were given the opportunity to be heard; and
WHEREAS, the Planning Board considered this a minor
subdivision and treated the preliminary and final as a single
approval; 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 $580;

2.

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

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 within 500 feet
of the Old Croton Railway State Park;

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 October 20,
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 Map Prepared for the Estate of
Victoria M. Hogan, Situate Village of No. Tarrytown, Town of Mt.
Pleasant, Westchester Co., N.Y.," scale 1" = 2 0', dated August 7,
1994 and most recently revised September 28, 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
2

�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 62-3OF of the Village Zoning Code.

2.

Revision of the above noted plat to demonstrate the following:
2.1

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

2.2

The final plat shall comply with the requirements of
Section 11 of the Village of North Tarrytown Subdivision
Regulations;

2.3

The signature block for the endorsement of the Planning
Board Chairman shall be revised to comply with Section
ll.A(l)(c)(14c);

2.4

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

PLANNING BOARD
VILLAGE OF NORTH TARRYTOWN

By:

Date:
George F. Hritz, Chairman
Village of North Tarrytown Planning Board

500\not4-006.sjp:ev

3

�FREDERICK P. CLARK ASSOCIATES, INC.

David J. Pcrtman. AICP
Howard I. Reynolds, PE
David H. Stolman. AICP

Plahning/Development/Environment/Transportation
Rye, New York and Southport, Connecticut

Michael A. Galante
Joanne P. Metier, AICP

350 Theodore Fremd Avenue
Rye. New York 1058C
"(914)967-05-^
JO:

Jim Donovan. RLA.ASLA

Village of North Tarrytown Planning Board D^jg. 10/21/94
Sean Treacy, Linda David, James Margotta,
Janet Gandolfo, Mark DiGennaro,

PR0JECT:

520.040/Levy E s t ; ,

FAX NO.:

Albert Peck

WE TRANSMIT HEREWITH:

VIA:

(x)
( )
( )

(x)
( )
( )

As requested
As per conversation
Per request of

( )
( )
( )

First Class Mai
.Express Delivery
Telefax-# of Pages
(including cover sheet)
Our Messenger
Your Messenger
Hand Delivery

FOR YOUR:
( )
( )
( )

Approval
Review
Distribution

( )
W
( )

( )
( )

File
Information

Use
Comment

THE FOLLOWING:
No. of Copies
1

Description

Date
10/21/94

Notice of Intent to be Lead Agency,
Circii l a t i o n L i s t and EAF

REMARKS:
;-"
... - '

cc:

Involved and Interested^"Agencies

Connecticut -(203)255-3100

By_Susan J. Portman, AICP
Associate/Planning

FAX • (914)967-6615

Long Island • (516) 3.64-4§44l

Ir

�VILLAGE OF NORTH TARRYTOWN
WESTCHESTER COUNTY, NEW YORK
LEAD AGENCY SELECTION FORM

Project Name or Description Levy Estate Subdivision, Irving Place
The s i t e p r e s e n t l y contains two single-family dwellings. A two-lot
subdivision i s proposed ( i n order t o provide one building per l o t ) .
Project Location 21 and 23 Irving Place, North Tarrytown, NY 10591
Name of Applicant Albert Peck for the Levy Estate
Village Agency Intending to Act as Lead Agency Planning Board
Address Village Hall, 28 Beekman Avenue, North Tarrytown, NY 10591
Contact Person Linda David, Village Administrator
Date Mailed

10/21/94

Telephone Number (914) 631-1440

Type off Action (Check A or B)
H A.

TYPE I

•

UNLISTED

B.

Lead agency must be chosen within 30 days of above date.

Deadline Reply Date November 21, 1994 (preferably by Planning Board meeting 11/17/94)

II.

Required Approvals and Reviews (Check all permits, waivers, or other actions which may be
required)
D

Rezoning

$ .

Subdivision Approval

•

-

• , -

Site Development Plan Approval
Special Permit

Eel . - Variance
•

Wetlands Permit

D

Stream Discharge Permit - New York State Department of Environmental Conservation

•

Sewage Disposal/Water Supply Approval - Westchester County Health Department

D

Review by Westchester County Department of Planning

•
•,

r

-

•-•- Curb Cut Approval - New York State Department of Transportation/Westchester County
Department of Public Works
Other."'Specify:

_-_

�VILLAGE OF NORTH TARRYTOWN
WESTCHESTER COUNTY, NEW YORK
LEAD AGENCY SELECTION FORM - PAGE 2

Hi.

IV.

Environmental Significance of Action: Initial Review of Environmental Assessment Form
indicates that: (Check A, B, or C - To be done by initiating agency)
D A.

The proposed action appears likely to have a significant effect on the environment; a
positive declaration is likely.

Q B.

The proposed action appears not likely to have a significant effect on the environment; a
negative declaration is likely.

•

No opinion has been made yet as to whether a positive or negative declaration is likely for
this action.

C.

A Copy of this Form and the Environmental Assessment Form Has Been Sent to the Agencies
Indicated on the Attached List.

Attachments:

Lead Agency Selection Reply Form
List of Involved or Interested Agencies
Environmental Assessment Form

�VILLAGE OF NORTH TARRYTOWN
WESTCHESTER COUNTY, NEW YORK
LEAD AGENCY SELECTION REPLY FORM

Reply Form to be FiHed Out by Involved Agencies
The

O'st agency) has examined this form

and accompanying documentation for the application known as
Levy Estate Subdivision, Irving Place
•

and:

(Check A or B)

A. Does not want to be Lead Agency.

D B. Wants to be Lead Agency for this action.
Additional comments or concerns (Attach additional pages if necessary):

Reviewed by:

Signature

Name

Title

Date

PLEASE RETURN TO THE AGENCY INITIATING THIS PROCESS (LISTED ON THE FIRST PAGE OF
THIS FORM) BY THE DATE INDICATED. IF NO REPLY IS RECEIVED BY THE DATE INDICATED, THE
VILLAGE AGENCY INDICATED WILL ASSUME THAT YOU CONCUR WITH ITS DESIGNATION AS LEAD
AGENCY.
500/nol3-030.jd

�LIST OF INVOLVED OR INTERESTED AGENCIES
(only those marked with an "X")

•

0

Planning Board
Village elf North Tarrytown
28 Beekman-Avenue
North Tarrytown, New York 10591

D

Westchester County Department
of Planning
432 County Office Bulding
White Plains, New York 10601

Zoning Board of Appeals
Village of North Tarrytown
28 Beekman Avenue
North Tarrytown, New York 10591

EI

Westchester County Department
of Health
112 East Post Road
White Plains, New York 10601

New York State Department of
Environmental Conservation
21 South Putt Corners Road
New Paltz, New York 12561

D

New York State Department of
Transportation
4 Burnett Boulevard, Region 8
Poughkeepsie, New York 12603

New York State Department of
Environmental Conservation
50 Wolf Road
Albany, New York 12233-0001

•

New York State Department of
Transportation
Saw Mil River Road
Valhalla, New York 10595

(Other Agencies)

500\not3-O30.jd

�14/16-2 (2/87)-7c

617.21
Appendix A
State Environmental Quality Review

SEQR

FULL ENVIRONMENTAL ASSESSMENT FORM
Purpose: The full EAF is designed to help applicants and agencies determine, in an orderly manner, whether a project
or action may be significant. The question of whether an action may be significant is not always easy to answer Frequently, there are aspects of a project that are subjective or unmeasureable. It is also understood that those who determine
significance may have little or no formal knowledge of the environment or may be technically expert in environmental
analysis. In addition, many who have knowledge in one particular area may not be aware of the broader concerns affecting
the question of significance.
, /&gt;_••
The full EAF is intended "to provide a method whereby applicants and agencies can be assured that the determination
process has been orderly, comprehensive in nature, yet flexible to allow introduction of information'to fit a project or action.
Full EAF Components: The full EAF is comprised of three parts:
Part 1: Provides objective data and information about a given project and its site. By identifying basic project
data, it assists a reviewer in the analysis that takes place in Parts 2 and 3.
Part 2: Focuses on identifying the range of possible impacts that may occur from a project or action. It provides
guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentiallylarge impact. The form also identifies whether an impact can be mitigated or reduced.
Part 3: If any impact in Part 2 is identified as potentially-large, then Part 3 is used to evaluate whether or not the
impact is actually important.

DETERMINATION OF S I G N I F I C A N C E - T y p e 1 and Unlisted Actions
Identify the Portions of EAF completed for this project:

£D

Part 1

J3

Part 2

DPart 3

Upon review of the information recorded on this EAF (Parts 1 and 2 and 3 if appropriate), and any other supporting
information, and considering both the magitude and importance of each impact, it is reasonably determined by the
lead agency that:
D

A. The project will not result in any large and important impactfs) and, therefore, is one which will not
have a significant impact on the environment, therefore a negative declaration will be prepared.

D

B. Although the project could have a significant effect on the environment, there will not be a significant
effect for this Unlisted Action because the mitigation measures described in PART 3 have been required,
therefore a CONDITIONED negative declaration will be "prepared.*

D

C. The project may result in one or more large and important impacts that may have a significant impact
on the environment, therefore a positive declaration will be prepared.
* A Conditioned Negative Declaration is only valid for Unlisted Actions

LeV^ BifK-H.

JvJedi^Ji't*
Name of Action

Name of Lead Agency

*

Print or Type Name of Responsible Officer in Lead Agency

Title of Responsible Officer

Signature of Responsible Officer in Lead Agency

Signature
jre of Preparer (If different from responsible off leer)

Date

1

�r/.:.i - i - i r . o j t c i INF OI.I/.ATION
,!
'-.01iC£ ~it»- • - ' X ^ " . i . : . • . « . . . - .
;
.
• :
. - • ' . ' pre ; C M C r ;•&gt; f.e&gt;- &lt;-i,- :"\ :•-.: c f{ t c •.
on the envijor ••.&lt;r-r&gt;t PJc-JU-f-" c c ;
• : • ( • • • . .
'.
•: ,'• ; '..••••:•: to ) ( , ( « qui &gt;:;cr.&lt;. * . ' , :c cor.nr.a ..
e s p a r t o ' the ripplicetiori for app.'o-.fii «»:£ rue'. U ^ L ' ; i c t to further verii&lt;cat. on and public review Pio\ic"t an&gt; a d d i t i o n ^
information you b c i i t \ c will be ncccitc' to'corr.p!itc Pens 2 and 3
It is expected that completion of the full EAF will be dependent on information currently available and will not involve
r c iv !•'.-»*'.c&gt;. it : c.":: t*. C" :r \ i &gt;: t . . ; • . ii i'i : t ' • ' . .
-.'&lt;_.
&gt;.
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K* *.•! C'-"*- /V."

' ... ^ u e - o i v ( s ) W

- le^j £***&amp;

LOCATION OF ACTION (include St;«l AdCess. Municipality trxJ County)
BUSINESS TELEPHONE

NAME OF APPLICANTVSPONSOr?
ADDRESS

ft PnO€*

£T&gt;

CITY/PO

M. TXigJg-VTSWM
NAME OF OWNER (II different)

ZIP CODE

K/,V.

Ito^ i

BUSINESS TELEPHONE

eg. f|

Ug.\/f

T

ADDRESS
CITY/PO

STATE

2\&amp; . krsrkiAo^T

-

621-"Wil

STATE

Z:F CODE

LA/J^J « £ 9 /

IA£&gt;^K&gt;WN&gt;,... j / , Yl
DESCRIPTION C? ACTIOS

)

'

/£

Please Complete Each Question —Indicate N.A. if not applicable

A. Site Description
Physical setting of overall project, both developed and undeveloped areas.
1. Present land use:
DUrban
Dlndustrial
DCommercial
Efoesidential (suburban)
CForest

^Agriculture

2. Totaf acreage of project area: .
* J^
APPROXIMATE ACREAGE
Meadow or Brushland (Non-agricultural)

7

COther
acres.

Forested
Agricultural (Includes orchards, cropland, pasture, etc.)
Wetland (Freshwater or tidal as per Articles 24. 25 of ECU
Water Surface Area
Unvegetated (Rock, earth or fill)
Roads, buildings and other paved surfaces
Other (Indicate type)
'.
3. What is predominant soil type(s) on project site?
a. boil drainage;
^ W e l l drained \ O Q % of site

OPoorly drained

DRural (non-farm)

PRESENTLY
acres
acres
acres

AFTER COMPLETION
acres

acres

: acres
^acres

acres
acres
acres

s/S?

acres
'.
DModerately well drained

acres
L

&lt;l**

acres

1 acres
acres
[acres

% of site

% of site

b. If any agricultural land is involved, how many acres of soil are classified within soil group 1 through 4 of the NYS
Land Classification System?
acres. (See 1 NYCRR 370).
4. Are there bedrock outcroppings on project site?
a. What is depth to bedrock?

DYes
JsSfNo
(in feet)

%

»

•

�(

•«

.

nfr::'i-: » • * - . •

••

r

•

••••••

.

r." :c •:

c " - .

. ! '.. 1 -- ••

*.:•

&lt;• c .

' ' ••• :•' '.

'.'• f-: '•• c

',! • S .

;. Is project sut i;cr.'.::-:., tosi;-^--: - : \i- c SJU . i : ; c : o:. i.\«. i . i r .:«.: ;:'»»'».; :.r.;.' '*;•...•. ' 1 tr:'.6. What is the depth o? the *a:er tar't. :
9 !• «.:'.r fo'r.'.'d o"v.

••' "• - " .

v

*•;

'.•;• hu-v. rg f i«. .. • „ c : i},i"-

"i ;

L&lt;t&gt;. . J.' . . • • - . ^.".t

*L=

(in feci)

:*"'• " '

r r &lt;r'&lt; ! ' i " ; f r r
v

:

' -• •. . : : -: " . v " : " • : ••• •"'.'•)

u-

•'*&gt;•'

f*Vr«

2*&gt;*Co

**:«•• \r, :'r- &lt;•.•••(.;'. a r c j "

Z '*o;

L^isLo

,

DYes
Zfco
According to
Identify each species

'.—1
'—1

12. Are there any unique or unusual land forms on the project site? (i.e., cliffs, dunes, other geological formations)
CYes

O&amp;to

Describe

.

13. Is the project site presently used by the community or neighborhood as an open space or recreation area?
DYes
E$No
If yes, explain ..
, _
_
14.

Does the present site include scenic views known to be important to the community?
DYes
@K'o

#A

15. Streams within or contiguous to project area:
a. Name of Stream and name of River to which it is tributary
lb

L?.'f.c-f, pcr.df, v. f.i?.r-d are2S v.;'.* .*. o: CO.v..gjc.-,_&gt; to p:c-;CC. a:vi
b. Si2e (In acres)

a. Name
17, Is the site served by existing public utilities?
£?¥es
GNo
a) If Yes, does sufficient capacity exist t o allow connection?
JSS'es
b) If Yes. will improvements be necessary to allow connection?
DYes

DNo
DNo

IS. Is the site located in an agricultural district certified pursuant t o Agriculture and Markets Lav., Arf.de 2S;AA
Section 303 and 304?
DYes
CJNo
19. Is the site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Article 8
of the ECL. and 6 NYCRR 617?
ElVes
DNo
20. Has the site ever been used for the disposal of solid or hazardous wastes?

DYes

E2Ko

B. Project Description
1. Physical dimensions and scale of project (fill in dimensions as appropriate)
a. Total contiguous acreage owned or controlled by project sponsor
b. Project acreage t o be developed:

'J**?

acres initially;

c. Project acreage to remain undeveloped
d., Length of project, in miles:

'

*

' ^

-acres.

' t&lt;5~

(»f appropriate)

e . l f the project is an expansion, indicate percent of expansion proposed
f. Number of off-street parking spaces existing

'

g..Maximum vehicular trips generated per Knur

; proposed
K//A

h. if residential: Number and type of housing units:
One Family
Two Family
Initially

_2

acres ultimately.

acres.
%;
~~Z~~

(upon completion of project)?
M u l t i p l e Family

Condominium

-

Ultimately

&amp;.
i. Dimensions (in feet) of largest proposed structure

height;

width;

j . Linear feet of frontage along a public thoroughfare project will occupy is? * ^ ^
-

•--

3.

1
ft. 7

length

�2

Ho* much natu'al material (i e

'cc^. earth, etc ) * i l l be r c m o u d from the s:ie'

3. Will d'sturbed areas be recla&lt;med&gt;

DYes

i$No

^-(0

tons.'cuttc &gt;2rds

DN.'A

a. If yes. for what i n t e n d . , purpose is the site being reclaimed'
b. Will topsotl be stockpiled for reclamation?

GYes

.

l£No

c. W i l l upper subsoil be stockpiled for reclamation?

DYes

£QNo

4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site?

acres

5. Will any mature forest (over TOO years old) or other locally-important vegetation be- removed by this project?

DYes

[?No

j

6/---Jf single phase project: Anticipated period of construction
7. if multi-phased:

i/

a. Total number of phases anticipated

N/rT

__

''\

(number).

b. Anticipated date of commencement phase 1

month

c. Approximate completion date of final phase

DYes

9. Number of jobs generated: during construction
10. Number of jobs eliminated by this project

year, (including demolition)

month

a

d. Is phase 1 functionally dependent on subsequent phases?
8. Will blasting occur during construction?

months, (including demolition)

year.

DYes

DNo

l^lo
r\//f

; after project is complete

*

1 1 . Will project require relocation of any projects or facilities?

12. Is surface liquid waste disposal involved?

DYes

DYes

G3^jo

If yes. explain

G^No

a. If yes. indicate type of waste (sewage, industrial, etc.) and amount
b. Name of water body into which effluent will be discharged
13. Is subsurface liquid waste disposal involved?

DYes

BNo

Type

14. Will surface area of an existing water body increase or decrease by proposal?
Explain
15. Is project or any portion of project located in a 100 year flood plain?
16. Will the project generate solid waste?

DYes

DYes

DYes

JQNO

_5No

a. If yes, what is the amount per month

tons

b. If yes, w i l l an existing solid waste facility be used?

DYes

c. If yes. give name

DNo

; location

d. W i l l any wastes not go into a sewage disposal system or into a sanitary landfill?

DYes

DNo

e. If Yes. explain
17. Will the project involve the disposal of solid waste?

DYes

LBNo

a. If yes, what is the anticipated rate of disposal?

tons/month.

b. If yes, what is the anticipated site life?
1 8 . Will project use herbicides or pesticides?

years.
DYes

ENo

19. Will project routinely produce odors (more than one hour per day)? DYes

DNo

20. Will project produce operating noise exceeding the local ambient noise levels?
23.-Will project result in an increase in energy use?

DYes

DYes

ESNo

If yes , indicate type(sj

'_

22. If water supply is from wells, indicate pumping capacity
£: 23.

Total anticipated water usage per day

-

:

gallons/minute.

gallons/day.

24. Does project involve Local, State or Federal funding?
If Yes. explain

_JNo

DYes
4

J!_No
•

---.

�25. Approvals Requited:

Submittal

T&gt;pe
City. Town. Village Board

CYes

CNo

Qiiy Town, Village Planning Board

EYes
EJYes

DNo
D
NO

City, Toww Zoning Board

_&lt;Yes
_5Yes

DNo
DNO

€-tty. County Health Department

EYes

CN'o
CN'O

Other Local Agencies

DYes

• No

Oiher Regional Agencies

GYes

CNO

State Agencies

DYes

DN'o

Federal Agencies

CYes

• No

Date

5«-^*^ &gt; ^ ^ n

____,
C

•Q/i/l.UCEcJ Vz/MiiS

ISCPI-

f/&lt;IG l&amp;j-

\\M***'W\

C. Zoning and Planning Information
1

Does proposed action involve a planning or zoning decision?
_7¥es
DNo
If Yes. indicate decision required:
• zoning amendment
t^zoning variance
Especial use permit
^subdivision
• new/revision of master plan
Dresource management plan
Dother

2. What is the zoning c!assification(s}of the site?

Dsite plan
.

jL""^

3. What is the maximum potential development of the site if developed as permitted by the present zoning?

Q\nt

-'A-fav*\&gt;'»iD"g!l&gt;rM

&lt;_—-—-^e'C r ~~ C*o&lt;3- cr&gt;ltM£l-eh-W

4. What is the proposed zoning of the site?

K &amp; $ lfl&lt;£ U T U U -

(**&amp; C

^

^

5. What is the maximum potential development of the site if developed as permitted by the proposed zoning?

6

6. Is the proposed action consistent with the recommended uses in adopted local land use plans?

&gt;E$Yes

DNo

7. What are the predominant land use{s) and zoning classifications within a V* mile radius of proposed action?
8

Is the proposed action compatible with adjoining/surrounding land uses within a V* mile?
Q-.
9. If the proposed action is the subdivision of land, how many lots are proposed? _

__3Yes

DNo

CYes

_5NO

a. What is the minimum lot size proposed? _
10. Will proposed action require any authorizations) for the formation of sewer or water districts?

11. Will the proposed action create a demand for any community provided services (recreation, education, police.
fire protection)?
DYes
EZfNo
a. If yes. is existing capacity sufficient to handle projected demand?

DYes

DNo

12. Will the proposed action result in the generation of traffic significantly above present levels?
a. If yes. is the existing road network adequate to handle the additional traffic?

DYes

DYes

©No

DNo

D. Informational Details
Attach any additional information as may be needed to clarify your project. If there are or may be any adverse
impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate or
avoid them.

E. Verification
I certify that the information provided above is true to the best of my knowledge.
Applicant/Sponsor Name .

%

Signature

XZ\\

J&amp;-fcifa(&amp;Cr~

T'itlp

A&amp;Ct{\Xl*&lt;ir

If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessrvjnt Form before proceeding
with this assessment.
5

�p s r i 2—PROJECT IMPACTS A N D 1 H L i R

N'.AGNuUDL

Responsibility of Lead Agency
C e n t r a l I n f o r m a t i o n (Read Carefully)
• In c o m p l e t i n g the f o r m the reviewer should be guided by the question Have my responses and determinations been
reasonable? The reviewer is not expected t o be an expert e n v i r o n m e n t a l analyst

•

• I d e n t i f y i n g t h a t an i m p a c t w i l l be potentially large (column 2) does not mean th2t it is also necessarily significant.
A n y - l a r g e i m p a c t m u s t be evaluated in PART 3 to determine significance I d e n t i f y i n g an impact in c o l u m n 2 s i m p l y
asks t h a t it be l o o k e d at further.
• The Examples p r o v i d e d are t o assist the reviewer by showing types of i m p a c t s and wherever possible the threshold of
m a g n i t u d e that w o u l d trigger a response in column 2. The examples are generally applicable throughout the State and
f o r most situations. But. for any specific project or site other examples and/or lower thresholds may be a p p r o p r i a t e
f o r a Potential Large I m p a c t response, thus requiring e v a l u a t i o n in Part 3.
• The impacts of e a c h project, on each site, in each locality, w i l l vary. Therefore, the examples are illustrative a n d
have been offered as guidance. They do not constitute an exhaustive list of impacts and thresholds to answer each question
• The number of examples per question does not indicate t h e j m p o r t a n c e of each question
•

In i d e n t i f y i n g i m p a c t s , consider long term, short term and c u m l a t i v e effects.

Instructions (Read c a r e f u l l y )
a. Answer each of t h e 19 questions in PART 2. Answer Yes if there w i l l be any i m p a c t .
b. M a y b e answers s h o u l d be considered as Yes answers.
c. If answering Yes t o a question then check the appropriate box ( c o l u m n 1 or 2) t o indicate the p o t e n t i a l size of t h e
i m p a c t . If i m p a c t t h r e s h o l d equals or exceeds any example p r o v i d e d , check c o l u m n 2. If i m p a c t w i l l occur but t h r e s h o l d
Is lower t h a n e x a m p l e , check c o l u m n 1.
d . If reviewer has d o u b t a b o u t size of the i m p a c t then consider t h e i m p a c t as p o t e n t i a l l y large and proceed t o PART 3.
e. If a p o t e n t i a l l y large i m p a c t checked in c o l u m n 2 can be m i t i g a t e d by change(s) in the project to a small to m o d e r a t e
i m p a c t , also c h e c k the Yes box in c o l u m n 3. A No response indicates t h a t such a reduction is n o t possible. This
m u s t be e x p l a i n e d in Part 3.

I M P A C T ON L A N D
1 . W i l l the proposed a c t i o n result in a physical change to the project site?
0NO
DYES
Examples t h a t w o u l d apply t o column 2
• A n y c o n s t r u c t i o n o n slopes of 1 5 % or greater, (15 foot rise per 100
f o o t of length), or w h e r e the general slopes in the project area exceed
10%.
• C o n s t r u c t i o n o n l a n d where the depth to the water table is less than
3 iect

1

2

Small to
Moderate

Impact

Potential
Large
Impact

D

D

DYes

D

D

DYes

DN&lt;

n

GYes
DYes

CNO

Can Impact Be
Mitigated By
Project Change

DNo

• C o n s t r u c t i o n o n l a n d where bedrock is exposed or generally w i t h i n
3 f e e t of existing g r o u n d surface.

D

G
D

• C o n s t r u c t i o n t h a t w i l l c o n t i n u e for more than 1 year or i n v o l v e more
t h a n one phase or stage.

D

D

DYes

DNO

• Excavation for m i n i n g purposes that w o u l d remove more t h a n 1,000
tons of n a t u r a l m a t e r i a l (i.e.. rock or soil) per year.

D

D

DYes

DNO

• C o n s t r u c t i o n or expansion of a sanitary l a n d f i l l .

D
D
D

D
D
D

DYes..
DYes
DYes

DNO

DNO

D

D

D Y es

DN&lt;

• C o n s t r u c t i o n c i p a v e d parking area for 1,000 or more vehicles.

• C o n s t r u c t i o n in a d e s l g n a t e d f l o o d w a y .
• Other

impacts

DNO

DNO

2 . W i l l there be an e f f e c t t-' ...iy un.que or unusual land f o r m s f o u n d on
t h e site? (i.e.. c l i f f s , dunes, geological formations, etc.)J3_J&gt;'0
DYES
• Specific

--•

i

land forms:

�1

2

Small to
Moderate
Impact

Potenlial
Large
Impact

D
D

D
D

DYes

DN'O

DYes

DNo

D
D
D

D
D
D

DYes

DNo

DYes

DNo

DYes

DNo

D.

D

DYes

DNo

D
D

D
D

DYes

DNo

DYes

DNo

D
D

D
D

DYes

DNo

DYes

DNo

• Proposed Action requires water supply from wells with greater than 45
gallons per minute pumping capacity.

D

D

DYes

DNo

• Construction or operation causing any contamination of a water
supply system.

D

D

DYes

DNo

• Proposed Action will adversely affect groundwater.
• Liquid effluent will be conveved off the site to facilities which presently
do not exist or have inadequate capacity.

D
D

D
D

DYes
DYes

DNo
DNo

• Proposed Action would use water in excess of 20,000 gallons per
day

D

D

DYes

DNo

• Proposed Action will like'v ca .^ siltation or other discharge into an
.existing body of water t o ti o ex;*-'*: that there will be an obvious visual
.contrast to natural conditions.

D

D.

_^es

D.So

• Proposed Action w i l l require the storage of petroleum or chemical
, products greater than 1,100 gallons.

D

D

DYes

" DNo

• Proposed Action will allow residential uses in areas without water
and/or sewer services.

D

D

DYes

DNo'

• Proposed Action locates commercial and/or industrial uses which may
require new or expansion of existing waste tieatment and/or storage facilities.

D

D

DYes

DNo

• Other

D

D

DYes

DNo

D

D

DYes

DNo

IMPACT ON WATER
3. Will proposed action affect any water body designated as protected'
(Under Articles 1 5, 24, 25 of the Environmental Conservation Law. E t l )
&lt;&amp;NO
DYES
Examples that would apply to column 2
• Developable area of site contains a protected water body.
• Dredging more than TOO cubic yards of material from channel of a
protected stream.
• Extension of utility distribution facilities through a protected water body.
• Construction in a designated freshwater or tidal wetland.
• Other impacts:

Will proposed action affect any non-protected existing or new body
of water?
,0HO
DYES
Examples that would apply to column 2
• A 10% increase or decrease in the surface area of any body of water
or more than a 10 acre increase or decrease.

Can Impact Be
l i t i g a t e d By
Project Change

4

• Construction of a body of water that exceeds 10 acres of surface area.
• Other impacts:

5. W i l l Proposed Action affect surface or groundwater
quality or quantity?
E&amp;s'O
Examples that would apply to column 2

DYES

• Proposed Action will require a discharge permit.
• Proposed Action requires use of a source of water that does not
have approval to serve proposed (project) action.

impacts:

6 . W i l l proposed action alter drainage flow or patterns, or surface
water runoff?
B&amp;O
DYES
Examples that would apply to column 2
• Proposed Action would change flood water flows.
7

V

�Small to
Moderate
Impact

2
Potential
Large
Impact

D
D
D
D

D
D
D
D

D

• Proposed Action will result in the incineration of more than 1 ton of
refuse per hour.

1

Proposed Action may cause substantial erosion

Can Impact Be
Mitigated By
Project Change
DYes

DNO

DYes

DNo

DYes

CNo

DYes

DNo

D

DYes

DNo

D

D

DYes

DNo

• Emission rate of total contaminants will exceed 5 lbs. per hour or a
heat source producing more than 10 million BTU's per hour.

D

D

DYes

DNo

• Proposed action will allow an increase in the amount of land committed
to industrial use.

D

D

DYes

DNo

• Proposed action will allow an increase in the density of industrial
development within existing industrial areas.

D

D

DYes

DNo

• Other impacts:

D

D

DYes

DNo

• Reduction of one or more species listed on the New York or Federal
list, using the site, over or near site or found on the site.

D

D

DY es

DNo

• Removal of any portion of a critical or significant wildlife habitat.

D
D

D
D

DYes

DNo

DYes

DNo

D

D

DYes

DNo

•
•

D

DYes

DNo

D

DYes

DNo

D

D

DY es

#

• Proposed Action is incompatible with existing drainage patterns.
• Proposed Action will allow development in a designated floodway.
• Other impacts: _____

IMPACT ON AIR
7. Will proposed action affect air quality?
_&amp;0
DYES
Examples that would apply to column 2
• Proposed Action will induce 1,000 or more vehicle trips in any given
hour.

IMPACT ON PLANTS AND ANIMALS
8. Will Proposed Action affect any threatened or endangered
species?
_?NO
Examples that would apply to column 2

DYES

• Application of pesticide or herbicide more than twice a year, other
than for agricultural purposes.
• Other

9

impacts:

:

Will Proposed Action substantially affect non-threatened or
non-endangered species?
&gt;__SO
" Examples that would apply to column 2

DYES

• Proposed Action would substantially interfere with any resident or
migratory fish, shellfish or wildlife species.
• Proposed Action requires the removal of more than 10 acres
of mature forest (over 100 years of age) or other locally important
vegetation.
--

-

IMPACT ON AGRICULTURAL LAND RESOURCES

10

Will the Proposed Action affect agricultural land resources?
$NO
DYES
v
Examples that would apply to column 2
;'•&lt;:* The proposed action would sever, cross or limit access to agricultural
!••'" land (includes cropland, hayfields-, pasture, vineyard, orchard, etc.)
8

Ti~-

DN&lt;

�•
Construction activity would excavate or compact the soil profile of
agricultural land.
The proposed action would irreversibly convert more than 10 acres
of agricultural land or. if located in an Agncultutsl District, more
than 2.5 acres o£''agncultural Und.
The proposed action would disrupt or prevent installation of agricultural
land management systems (e.g.. subsurface drain lines, outlet ditches.
strip cropping); or create a need for such measures (e g. cause a farm
field to drain poorly due to increased runoff)
Other impacts
:

•

IMPACT ON AESTHETIC RESOURCES
1 1 . Will proposed action affect aesthetic resources?
®NO
DYES
(If necessary, use the Visual EAF Addendum in Section 617.21,
Appendix B )
Examples that would apply to column 2
• Proposed land uses, or project components obviously different from
or in sharp contrast to current surrounding land use patterns, whether
man-made or natural.
• Proposed land uses, or project components visible to users of
aesthetic resources which will eliminate or significantly reduce their
enjoyment of the aesthetic qualities of that resource.
• Project components that will resuit in the elimination or significant
screening of scenic views known to be important to the area.
• Other impacts:

IMPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES
12. Will Proposed Action impact any site or structure of historic, prehistoric or paleontologica) importance?
0NO
DYES
Examples that would apply to column 2
• Proposed Action occurring wholly or partially within or substantially
contiguous to an\ facility or site listed on the State or National Register
of historic places.
• Any impact to an archaeological site or fossil bed located within the
project site.
• Proposed Action will occur in an area designated as sensitive for
archaeological sites on the NYS Site inventory.
• Other impacts.

IMPACT ON OPEN SPACE A N D RECREATION
Will Proposed Action affect the quantity or quality of existing or
future open spaces or recreational opportunities?
Examples that would apj?ly to column 2
^$NQ
DYES
• The permanent foreclosure of a future recreationTTopponunrty.*"
• A major reduction of an open space important to the community
• Other impacts:
.

1

2

Small to
Moderate
Impact

Potential
Large
Impact.

D

D

DYes

DNo

D

D

DYes

CNO

D

D

DYes

DNo

D

D

DYes

DNo

D

D

DYes

DNo

D

D

DYes

DNo

D

D

DYes

DNo

D

D

DYes

DNo

D

D

DYes

DNo

D

D

DYes

Dsv»

D

D

DYes

DNo

D

D

DYes

DNo.

D
D D '

D
D
D

DYes
DYes
DYes

DNo
DNo
' DNo

Can Impact Be
Mitigated By
Project Change

13

�1
Small l o
Moderate
Impact

2
Potential
Large
Impact

D
D
D

D
D
D

DYes

DN©

DYes

DNO

D

D

DYes

DNo

• Proposed Action will require the creation or extension of an energy
transmission or supply system to serve more than 50 single or two family
residences or to serve a major commercial or industrial use.

D

D

DYes

DNo

• Other impacts:

D

"D

DYes

DNo

• Blasting within 1,500 feet of a hospital, school or other sensitive
facility.

D

D

DYes

DN(

• Odors will occur routinely (more than one hour per day).

D
D

D
D

DYes
DYes

DNO

• Proposed Action will remove natural barriers that would act as a
noise screen.

D

D

DYes

DNO

• Other

D

D

DYes

DNO

D

D

EZlYes . ' D N o

a.

D

DYes

DNo

D

D

DYes

DNo

D

D

DYes DNO

D

DYes

IMPACT ON TRANSPORTATION
14. W i l l there be an effect to existing transportation systems*
Ek'O
Example* that would apply to column 2

CY.ES

• Alteration of present patterns of movement of people and/or goods.
• Proposed Action will result in major traffic problems.
• Other impacts: __

Can Impact Be
Mitigated By
Project Change

DYes

D N O

IMPACT O N ENERGY
15. W i l l proposed action affect the community's sources of fuel or
energy supply?
0NO
DYES
Examples that would apply to column 2
• Proposed Action will cause a greater than 5% increase in the use of
any form of energy in the municipality.

NOISE AND ODOR IMPACTS
16. W i l l there be objectionable odors, noise, or vibration as a result
of the Proposed Action?
,0NO
DYES
Examples that would apply to column 2

• Proposed Action will produce operating noise exceeding the local
ambient noise levels for noise outside o f structures.

impacts:

.

DNo

IMPACT ON PUBLIC HEALTH
17. W i l l Proposed Action affect public health and safety?
jSbJO
Examples that would apply to column 2

.DYES

• Proposed Action may cause a risk o f explosion or release of hazardous
subsfances (i.e. oil, pesticides, chemicals, radiation, etc.) in the event of
• accident or upset conditions, or there may be a chronic low level
discharge or emission.
• Proposed Action may result in the burial of "hazardous wastes" in any
f o r m (i.e. toxic, poisonous, highly reactive; radioactive, irritating,
infectious**etc.)
"""' .".""" .'"" '."' . . . " . * .
• Storage facilities for one million or more gallons of liquified natural
gas or other flammable liquids.
• Proposed action may result in the excavation or other disturbance
w i t h i n 2.000 feet of a site used for the disposal of solid or hazardous
waste. "
• Other impacts: ^

'.
10

DNo

�IMPACT ON GROWTH AND CHARACTER
OF COMMUNITY OR NEIGHBORHOOD
18 . Will proposed action affect the character of the existing communis ?
#*0
DYES
Examples that would apply to column 2

1

2

3

Small to
Moderate
Impact

Potential
Large
Impact-

Can Impact Be
Mitigated By
Project Change

• The permanent population of the city, town or village in which the
project is located is likely to grow by more than 5%.
• The municipal budget for capital expenditures or operating services
will increase by more than 5% per year as a result of this project.
• Proposed action will conflict with officially adopted plans or goals.
• Proposed action will cause a change in the density of land use.
• Proposed Action will replace or eliminate existing facilities, structures
or areas of historic importance to the community.
• Development will create a demand for additional community services
(e.g. schools, police and fire, etc.)
• Proposed Action will set an important precedent for future project.
• Proposed Action will create or eliminate employment.
• Other impacts:

n
L_&gt;

D

DYes

DNo

G

D

GYes

DNO

D
D
D

D
D
D

DYes
DYes
DYes

DNo
DNo
DNo

D

D

DYes

DNo

D
D

D
D
D

DYes
DYes
DYes

DNo
DNo
DNo

D

19. Is there, or is there likely to be. public controversy related to
potential adverse environmental impacts?
xSSiO
DYES

If Any Action In Part 2 Is Identified as a Potential Large Impact or
If You Cannot Determine the Magnitude of Impact, Prnceed to Part 3

Part 3-EVALUATION OF THE IMPORTANCE OF IMPACTS
Responsibility of Lead Agency
Part 3 must be prepared if one or more impact(s) is considered to be potentially large, even if the impact(s) may be
mitigated.
Instructions
Discuss the following tor e2ch impact identified in Column 2 of Pan 2.
1. Briefly describe the impact.
2. Describe (if applicable) how the impact could be mitigated or reduced to a small to moderate impact by project changes).
3 . Based on the information available, decide if it is reasonable to conclude that this impact is important.
To answer the question of importance, consider:
• The probability of the impact occurring
• The duration of the impact
• Its irreversibility, including permanently lost resources of value
• Whether the impact can or will be controlled
. ..
. . . . _ _
• The regional consequence of the impact
• Its potential divergence from local needs and goals
• Whether known objections to the project relate to this impact.
(Continue on attachments) -

11

�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:

October 14, 1994

Subject:

Bick Preliminary Subdivision Application

As we have received a copy of the application for preliminary
subdivision approval but have not received a plan, we do not have
any substantial comments to offer at this time. If the plan is
submitted in advance of the November meeting (a minimum of 10 days
before the meeting is required in the Subdivision Regulations), we
will review it for that meeting.
Susan J. Portman, AICP, Associate/Planning
cc:

Sean Treacy, Mayor
Linda E. David, Village Administrator
Janet A. Gandolfo, Esq., Village Attorney
James T. Margotta, Building inspector
Mark DiGennaro, Village Engineer
John Hughes, Esq.
James and Martha Bick

Connecticut • (203) 255-3100

FAX • (914) 967-6615

Long Island • (516) 364-4544

�/)

Approved ^ith respect to substance and form:

h Li./

Village /Attorney

Approved by the/PTaVining Board

Filed with Village Clerk

Clerk or Deputy Clerk
Dated:

Oct.
£d
}\??y
Date of Meeting

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