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                  <text>REGULAR MEETING
NORTH TARRYTOWN, NEW YORK
MARCH 18, 1993

DRAFT

A regular meeting of the Planning Board was held on Thursday,
March 18, 1993 at 8:00 PM in the Village Hall, North Tarrytown, New
York.
Present: James Galgano, Chairman
Steve Salman
Roman Windas
James Donovan
Edward McCarthy
Richard Ayers
Absent:

Ellen Tsangaris

Also Present:

James Margotta, Building Inspector
Robert Spencer, Village Attorney

Chairman Galgano called the meeting to order at 8 P.M.
1.

Preliminary Hearing - Philipse Plaza. North Broadway-Store.

The Architect for the project described the proposed building
to be built on the site, stating it would be a mixed use building
with commercial space on the first floor and office space on the
upper level. The artchitect stated he would be appearing before
the Zoning Board and would request a change in zoning.
Frederick Clark Associates, Inc. presented a Preliminary
Review of Philipse Plaza.
Discussion followed regarding the status of Uncle Jerry's
Deli and the retaining walls at the rear of the property.
Mr.Windas stated that Antonio's Cabinetry had been granted
approval as a separate building with a separate parking area. Any
future construction on an adjoining parcel must stand on its own.
He stated that Antonio's must have its own parking area and the new
building should have its own.
*
Discussion followed. The Board asked to review the plot plan
that had been submitted and approved for Antonio's Cabinetry. ,
The architect stated that all the buildings would have
sufficient parking even if the two buildings were owned by
different owners.
1

�Mr.Spencer noted that the property is located in the C-l
zone.
The C-l zone includes the following as permitted principal uses:
stores and shops for retail business and personal or business
services, and planned commercial development group. Offices are
not permitted in the C-l zone. Hence, the applicant needs to
obtain a zone change or obtain a use variance. Mr.Spencer further
noted that the drawings for the proposed project did indicate that
there would not be sufficient parking on the portion of the
premises used for Antonio's Cabinetry unless the lots were merged
and the entire property was considered a planned commercial
development group. The drawings appeared to provide for sufficient
parking for a planned commercial development group. The applicant
needs to decide if the project is to be considered a planned
commercial development group.
Mr. Donovan moved, seconded by Mr. Windas to refer the matter
to the Zoning Board for a use variance. Carried unanimously.
2. C M . Pateman. North Broadway-Informal Discussion on former
Pickwick Post Property and construction of Car Wash.
Mr. Pateman presented plans for a car wash on the portion of
the former Pickwick Post Restaurant property on North Broadway.
The former Pickwick Post property also includes residential lots on
Gordon Avenue.
The lots on North Broadway are zoned C-l
commercial; the lots on Gordon Avenue are zoned R-4 for one and
two family houses. Mr. Spencer stated the applicant did not have
to split the residential lots from the commercial lots. There is
a question whether a subdivision will be required for the
undersized residential lots to build three houses on those lots.
The permitted principal uses in the C-l zone include the
following:
gasoline service station and stores and shops for
retail business and personal or business services. A gasoline
service station includes a car wash as a permitted ancillary use.
Mr. Spencer stated that in his opinion the proposed car wash could
be considered a gas station under the Zoning Code, but that it
could not be considered a store or shop for retail business or
personal or business services. Section 62-19 of the Zoning Code
requires a 300 foot separation between a gasoline service station
and any public or private school, public library, museum, civic
center, hospital, church, public park or playground, fire station
or another gasoline service station. There are several gasoline
service stations within 300 feet of the proposed car wash. Hence,
the applicant must obtain an area variance.
Mr. Pateman stated that the residential portion of the
property would be a separate application. He stated that the car
wash would occupy 20% of the lot whereas the zoning allows 60%
coverage.
2

�Dr. Salman stated his concern about the traffic flow on
Gordon Avenue which is a narrow street and the intersection of
Broadway and Gordon Avenue.
Mr. Pateman stated that a complete traffic analysis would be
presented at the next meeting.
Mr. Donovan stated he would like to see some other type of
construction on the property, like a restaurant.
Discussion followed regarding a change of zoning to allow
other types of construction.
Mr. Pateman stated that 80% of the water used will be
recycled. He also stated that no area variances will be required.
There will be no machines located outside the building.
Mr. Windas moved, seconded by Mr. McCarthy, to set a
Preliminary Hearing on April 15th. Carried unanimously.
MINUTES:
Dr. Salman moved, seconded by Mr. Donovan, to approve the
Minutes of the meeting held on February 18th, 1993 as submitted.
Carried unanimously.
Discussion followed regarding fees to be paid by Mr.
Rodriguez in the amount of $5,000. before Site Plan Review.
Mr. Margotta was directed to notify Mr. Rodriguez to deposit the
funds with The Village .
Dr. Salman stated that the Board should petition the Board
of Trustees to change the Zoning on Route 9 and Gordon Avenue from
C-2 and C-l Business.
Mr. Margotta was instructed to send a memo to the Zoning
Board to inform them of the Board's feeling about the Petitioner's
Application for a car wash.
The Planning Board would like the Board of Trustees to
upgrade the area with a change in zoning as they feel the area is
becoming "gasoline alley".
Mr. Spencer reported that he had reviewed the escrow account
of Bedford Park and reported a $2,000. balance.
After discussion, memo is to be sent to the Village Treasurer
to give the Board a monthly accounting of all escrow accounts that
pertain to the Planning Board.

3

�There being no further business to come before the Board,
Mr. Donovan moved, seconded by Dr. Salman, that the same be duly
adjourned. Carried unanimously.
Respectfully submitted.
Irene Amato
Acting Clerk

|]

APR 2 01993 l i !

LJFPIJTY CLERK

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�FREDERICK P. CLARK ASSOCIATES, INC.

David J. Portman.

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

Frederick E. Wiedle, AICP
Howard I. Reynolds, PE

AICP

David H. Stolman, AICP

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

Michael A. Galante
Joanne P. Meder. AICP

FAX (914) 967-6615

Jim Donovan, RLA, ASLA

MEMORANDUM
To:

Village of North Tarrytown Planning Board

Date:

March 12, 1993

Subject:

Preliminary Review of Philipse Plaza

Introduction
As requested, we have reviewed the application for the proposed
Zoning Map amendment and site plan approval for a property of
approximately 42,800 square feet located along the east side of
North Broadway, opposite Philipsburg Manor and at the intersection
of North Broadway and Pocantico Street, in the C-l Highway
Commercial District.
portions of the site are steep and the property currently contains
two buildings.
One building houses Antonio Cabinetry (a
manufacturing use) and the other contains Uncle Jerry's Italian
Deli (a delicatessen use). Antonio Cabinetry was the subject of a
site plan application which was approved February 20, 1992, and
received use and area variances.
Proposal
The applicant proposes to redevelop a currently unappealing and
underutilized property with a more attractive two-story building.
The applicant requests a zoning change for the subject property
from C-l Highway Commercial to C-2 General Commercial in order to
build a retail and office building (containing 4,400 square feet of
retail and 6,000 square feet of office space), demolish the
existing deli building (which the applicant requested to remain
standing and in operation until the new building is complete) and
continue the manufacturing use of the Antonio Cabinetry building.
When complete, the buildings on this property will comprise a
"planned commercial development group" as defined in the Village
Code because of the single ownership of the two buildings and the
"certain facilities in common, such as yards, open space, ... and
parking areas."

�Application
The applicant has submitted the following plans:
1.

Sheet 1, "Site Plan:
Philipse Plaza, Village of North
Tarrytown, New York," dated February 22, 1993, prepared by
Contadino Architects;

2.

Sheet 2, "Ground Floor Plan and Second Floor Plan: Philipse
Plaza, Village of North Tarrytown, New York," dated February
22, 1993, prepared by Contadino Architects; and

3.

Sheet
3,
"Elevations,
Philipse
Plaza,
Village
of
North Tarrytown, New York," dated February 22, 1993, prepared
by Contadino Architects.

Analysis and Recommendations
1.

Zoning Map Amendment: The procedure that is required in order
to amend the Zoning Map is contained within Section 62-53 of
the Village Code. During its review of an application for
rezoning, the Board of Trustees is required to refer the
application to the Planning Board for a review and
recommendation.
The rezoning and site plan reviews can
coincide if the Village so desires, although the rezoning
resolution would have to precede the site plan resolution.
Rezoning one relatively small property at the request of that
property's owner to a zoning designation which is different
than the surrounding zoning may be considered "spot zoning."
Therefore, the Village may wish to consider rezoning a larger
portion of the C-l District; for example, that portion of the
C-l District opposite Philipsburg Manor, which might include
this property and other properties in this section of the C-l
District which are located on the east side of North Broadway
between the Pocantico River to the north and the intersection
with Pocantico Street to the southwest. The exact area to be
recommended for rezoning would require further study.
Although the Village's master plans recommend the continuation
of automotive-related highway commercial development for this
area, given the current economic climate and the value of
Philipsburg Manor to the Village's image, such a rezoning
might be expected to encourage attractive redevelopment of
this area, which serves as the northern "gateway" to the
Village's central business district.
If, on the other hand, the Village determines that a rezoning
is not appropriate, the applicant may try to obtain a use
variance from the Zoning Board of Appeals for the proposed
2

�office use and any delicatessen, restaurant or other types of
uses not permitted in the C-l District (general retail use is
permitted in the C-l District).
Zoning Standards; The building lot coverage maximum is the
same in the C-l and C-2 Districts for planned commercial
development groups. A planned commercial development group is
permitted a maximum of 35 percent building lot coverage. The
proposal complies with this standard. This project should be
considered a planned development group since it fits the
definition and since only one principal building would
otherwise be permitted on what is considered a single parcel
for zoning purposes.
Obviously, the zoning standards as applied to this property
will change if it is rezoned. If the zoning for the site is
changed to C-2, the maximum permitted building height will be
45 feet (instead of 35 feet) and front yard setbacks will no
longer be required for any commercial use. Also, there will
be no minimum lot width or minimum lot size requirement for
any commercial use.
The principal uses permitted in the C-2 District which are not
permitted in the C-l include banks, offices, restaurants,
delicatessens, printing and publishing plants, taverns and
bars, as well as those uses which are permitted in the R-5
Residence District.
Antonio Cabinetry;
The site plan approval for Antonio
Cabinetry was for the conversion of an existing 8,800 square
foot building. The applicant received the necessary area and
use variances to operate a light manufacturing use in the C-l
District. In its January 7, 1992 review of the variances, the
Westchester County Planning Board recommended;
"The Village should consider the practicality of the
proposed parking layout. The current plan appears to
have limited turnaround and aisle areas. The plan should
be reviewed to ensure that cars will not be required to
back out onto the State highway."
Recognizing the limitations of the parking design, in a
February 20, 1992 memorandum to the Village of North Tarrytown
Planning Board, our firm recommended that:
"any approvals that may be forthcoming with regard to the
cabinetry shop application [should] be conditioned upon
a requirement that the cabinet shop's parking area be reexamined whenever an application is made for the
3

�redevelopment of the remainder of the property. In this
way, at some point in the future, it may be possible to
improve upon the tight parking and circulation area shown
on this plan."
Parking; Thirteen of the parking spaces on the plan (the
compact car parking spaces) are nonconforming in terms of
size. The Zoning Code requires parking spaces to have a width
of 9 feet and a length of 20 feet. Any variation from the
Code standard to provide for compact car parking would require
an area variance from the Zoning Board of Appeals. Further,
signage should be provided which reserves these spaces for
compact cars.
Fifty parking spaces are required for this development and 50
are shown on the plan. The plan shows three of the 50 spaces
as designed for handicap parking. Only two parking spaces
need be designed for handicap use of the first 50 spaces
required. The extra handicap space could be replaced with a
standard parking space.
One of the two handicap loading
aisles may be removed and the two handicap spaces could share
the remaining aisle.
Circulation: The aisles in the parking area are only 20 feet
wide, which is tight for good maneuvering and circulation.
The location of the two loading spaces make it difficult, if
not impossible, for an SU-30 truck to maneuver into and out of
them.
The sight distance for the entrance and exit driveways should
meet New York State Department of Transportation standards.
Due to sight distance and other conditions, a left turn into
the southern entrance of the site may be unsafe.
Street intersections and curb cuts on both sides of Broadway
in the vicinity of the property should be shown on the plan in
order to evaluate traffic safety issues such as circulation
and conformance with the following Zoning Code standard in
Section 62-22.C:
"Entrance and exit driveways shall be located not less
than twenty-five
(25) feet from the corner of
intersection streets, measured along the street lines."
Buffers: To the east of the property is an R-4 Residence
District.
Section 62-9C(2) of the Code states that the
required 5-foot buffer strip between non-residential uses and
residential districts, "shall be in addition to any side or
rear yard measurements" (emphasis added). The plan includes
4

�the buffer within the 20 foot rear yard. To correct this, the
applicant should revise the plan to include the required
buffer or the applicant may try to obtain an area variance
from the Zoning Board of Appeals.
Landscaping:
The two proposed Sugar Maple trees shown on
North Broadway should be changed to a type of tree better
suited to survive well in urban conditions. Red and Norway
Maples are able to withstand factors such as road salting and
air pollution better than the Sugar Maple. Because of the
location of the overhead wire, it may actually be preferable
to use a smaller tree in those two locations, such as
Flowering Pear, Hawthorne, Red Bud or Amelanchier.
In
addition, the islands in which these trees will be planted
should be curbed in order to protect the trees.
To further enhance the area, the Planning Board may want to
request the addition of a tree on each side of the northerly
access drive. Although they would be in the right-of-way,
after careful review of sight distance considerations, the
trees would most likely be found acceptable by the Department
of Transportation. Another suggestion is to add a small tree
on the island which shows a light fixture toward the south of
the property, unless the tree will interfere with that
fixture.
The applicant may want to verify the availability of a Yellow
Wood in the size specified. If there is a problem, the plan
is more easily changed now than after approvals.
The Planning Board may want to consider pedestrian circulation
in this area and discuss the need for sidewalks.
Environmental Review: According to Part 617.12 of the State
Environmental Quality Review Act (SEQRA), the site plan and
zoning change for the subject property constitute a Type I
action.
The reasons for this determination are that the
action is located "substantially contiguous to" Philipsburg
Manor (which is listed on the National Register of Historic
Places and is also a National Historic Landmark) and the
Hudson River Shoreline Critical Environmental Area.
The
applicant has submitted a short Environmental Assessment Form.
According to SEQRA, the applicant must submit a full
Environmental Assessment Form for a Type I action.
A Type I action is required to undergo a "coordinated review"
by the Involved Agencies.
Either the Village Board of
Trustees (as the approving authority for a zone change), the
Planning Board (as the approving authority for the site plan),
5

�or the Zoning Board of Appeals (as the approving authority of
any variances) may be the Lead Agency. It is most likely that
the Board of Trustees or the Planning Board would become the
Lead Agency.
The application may require approvals from
County, State and other agencies which, although also eligible
to become the Lead Agency, usually do not declare their intent
to do so.
The applicant should list the other required
approvals on the full Environmental Assessment Form.
Referral; According to the Westchester County Administrative
Code Section 451, public hearing notices must be sent to the
Westchester County Planning Board regarding actions including
review of zoning amendments:
"when such hearing is in connection with (1) the proposed
... amendment of a zoning ordinance or the proposed
issuance of a special permit or use permit changing the
use classification of property located within such
municipality ... ••
Additionally, the New York State General Municipal Law,
Article 12-A requires the referral to the County Planning
Board of actions including review of site plans and variances
within 500 feet of any state highway (North Broadway is a
state highway).
Further Information;
To assist in its review of this
application, we recommend that the Planning Board request the
following information from the applicant:
•Survey of existing property, including topography (at
two or five foot intervals), existing retaining walls and
other structures.
•Proposed grading plan and description of erosion control
measures.
•Information to describe how the Deli will function
throughout construction (e.g., circulation and parking).
•Location of neighboring structures (and uses).
•Tax parcel lines for the subject property.
Jim Donovan, ASIA, Vice President/Environmental Planning
Michael A. Galante, Vice President/Transportation
Susan J. Portman, Associate/Planning
William T. Regan, Village Administrator
Robert W. Spencer, Esq.
James T. Margotta, Building Inspector
Joseph A. Gulino, PE
Louis Contadino, AIA
6

�Approyved\ with respect to substance and form:

Village' AttorfieY
Dated:

f&gt;4

Approved by the Planning Board
'/&gt;s&lt;y&gt;
*&amp;

Lairman or Acting Cha^yman
)ated: 3fas
fo3

Filed with Village Clerk

Clerk or (Pepujty Clerk
Dated x^ /&lt;ZC

^-L».

/ g'yau

Date of Meeting

/ff^&gt;

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