https://sleepyhollow.localarchives.org/files/original/6ab3a5d526659f3da55d4052d206d0f0.pdf 5ffb31b5d281fd9ffe96fe58a0ef20d1 PDF Text Text Planning Board Regular Meeting North Tarrytown, New York September 17, 1992 FINAL A regular meeting of the Planning Board was held on Thursday, September 17, 1992 at 8:00 PM in Village Hall, North Tarrytown, New York. Present: James Galgano, Chairman Edward McCarthy Ray Windas Steve Salman Ellen Tsangaris James Donovan Also Present: Absent: 1. James Margotta, Building Inspector Robert W. Spencer, Village Attorney Joseph Gulino Charles A. Manganaro, Village Engineers Thomas Gisson and Susan Portman, Frederick P. Clark Associates Richard Ayers IN THE MATTER OF ALBERT PECK (ESTATE OF BESSIE LEVY and HANNAH LEVY (TRUST) Barnhart Avenue This is a continuation of the public hearing for a subdivision to create six (6) lots from one existing lot (one lot for each currently existing residence). Mr. Peck advised that he has submitted the proposed Declaration of Easements to Village Counsel for review. Mr. Salman asked about parking. Mr. Margotta advised that there was sufficient parking in the rear yards of the lots, through a common driveway. A motion to close the public hearing was unanimously adopted. A motion to declare the proposed subdivision an unclassified action under SEQRA which would have no material adverse impact on the environment by reason of the granting of the subdivision request was unanimously adopted. Mr. Windas moved that the application be granted as submitted. Mr. Donovan seconded the motion. The motion was unanimously adopted. 9 > .•AsteiiaL..' �ESTATE OF WALTER LUBERGBR, Valley Street This is a public hearing to approve a subdivision to create two (2) lots from one existing lot. One lot would be occupied by an existing multi-family residence. The second lot would be occupied by an existing commercial building. The applicant is proposing to create a common driveway 15 feet in width. Existing parking on the property in front of the commercial building will be eliminated. Two matters were raised concerning parking on the site. At the rear of the portion of the site occupied by the residence is a garden which should be paved for a parking space, and there is a pipe protruding from the ground from an old oil tank. The applicant agreed to remove the pipe. There is an existing berm in one of the rear parking spaces in the portion of the site occupied by the commercial building. There was extended discussion concerning the removal of the berm. A motion to close the public hearing was unanimously adopted. A motion to declare the proposed subdivision as an unclassified action under SEQRA which would have no material adverse impact on the environment was unanimously adopted. Mr. Windas moved, seconded by Mr. Donovan, that the application for subdivision be approved, subject to the following conditions: (1) Frederick P. Clark Associates will review and approve the revised subdivision plan; (2) the berm will comply with national standards as confirmed by Frederick P. Clark Associates; (3) the driveway easement should be approved by Village Counsel and filed with the County Clerk. The motion was unanimously approved. PHELPS MEMORIAL HOSPITAL-MRI BUILDING This is a public hearing for site plan approval for a new MRI unit adjacent to the South wing of the Hospital. Representatives of the Hospital explained the details of the building. The hearing will be continued after the Board, the Building Inspector and Frederick P. Clark Associates review the plans. The building must be sprinklered. A 2 �recreation fee will be due the Village. The Hospital needs to prepare and file an environmental assessment form. 4. BEDFORD PARK-SITE PLAN APPROVAL This is an application for site plan approval of the 14-lot subdivision north of Bedford Road, South of Amos Street and east of Webber Avenue. The Board reviewed and approved the following resolution concerning final subdivision approval for the project: NOW, THEREFORE, BE IT RESOLVED, that said application for final subdivision approval for a fourteen (14) lot subdivision, as shown on the plan entitled, Final Subdivision and Site Plan Known as Bedford Park, prepared by Cronin & Associates P.E., P.C. and dated August 5, 1992, be and hereby is granted conditional final subdivision approval by a vote of the Planning Board of the Village of North Tarrytown with five (5) members voting in favor of the application, no member voting against the application and two members absent, provided, that this conditional final subdivision approval shall expire within ninety (90) days from the date of this resolution if the following conditions have not been completed to the satisfaction of the Planning Board: 1. All references to the applicant shall include the applicant's successors and assigns. 2. Except as specifically amended herein, the conditions included as part of the approval of the preliminary subdivision plan are incorporated by reference. 3. The Applicant shall obtain from the Village of North Tarrytown Planning Board site plan approval for each and every lot in this fourteen (14) lot subdivision conforming with all requirements of this resolution, Chapter 62, Zoning, of the Code of the Village of North Tarrytown, all other applicable laws and regulations and all requirements of the Planning Board of the Village of North Tarrytown. 4. The Applicant shall provide a detailed plan as to the replanting of the site with sod for the purposes of providing soil stabilization/erosion control to the satisfaction of the Village Engineering and Planning consultants and said planting plan shall be incorporated into the Applicant's final subdivision and site plan applications. 5. The granting of a tree removal permit, inclusive of all required bonding and mitigation measures, by the Village Tree Commission of the Village of North 3 �Tarrytown, as per Chapter 52A, Tree Conservation, of the Code of the Village of North Tarrytown, with the applicant's compliance with said tree permit and all of the conditions thereof to be required conditions for the continued validity of this resolution of final subdivision approval. 6. The underground placement of all required utilities, including, but not limited to, water, sanitary sewer, storm drainage, gas, cable television, alarm systems, telephone and electric service for all of the proposed lots fronting on Amos Street and wherever else permitted by the appropriate public utilities. 7. The installation of all utilities, to the satisfaction of the Building Inspector and all other applicable approval authorities, inclusive of compliance with all scheduling of inspection requirements of the Village of North Tarrytown and all other approval authorities or their agents, prior to the signing of the final subdivision plat. 8. Provision of all drainage calculations and other required engineering details to the satisfaction of the Village Engineering Consultant. 9. All necessary approvals being granted by the appropriate New York State and Westchester County approval authorities with regards to each of the four (4) driveways proposed for Bedford Road and each of the four (4) driveways proposed for Webber Avenue prior to the signing of the final subdivision plat by the Village of North Tarrytown. 10. The applicant's continuing compliance with its offer to refrain from transferring title to any of the proposed subdivision's fourteen (14) lots until driveway permits for each of the site's four (4) driveways proposed for Bedford Road and each of the site's four (4) driveways proposed for Webber Avenue have been obtained in final form the appropriate New York State and Westchester County approval authorities. 11. The applicant's continuing compliance with its offer to absorb the full cost and financial impact of the loss of any lots and to waive any rights to claims of compensation due to a reduction in the proposed subdivision's lot count that is the result of the applicant's failure to obtain from the appropriate New York State or Westchester County approval authorities driveway curb cut permits for any of the four (4) 4 �driveways proposed for Bedford Road or any of the four (4) driveways proposed for Webber Avenue. In lieu of bonding for the proposed utilities, planting plan and tree removal permit requirements, if the applicant fails to complete the project, all monies held in escrow by the Village of North Tarrytown, including but not limited to fifteen thousand dollars ($15,000) in payments for recreation fees associated with this site and any outstanding sums not previously spent for inspection and consultant fees, shall be forfeited to the Village and may be used by the Village to complete the utilities and to restore the site to a vegetated state as similar to its existing condition as is practicable. In no case, shall the use of such monies release the applicant from its duty to pay such recreation, consultant and inspection fees and to complete all utilities and plantings required by this resolution or required by the Tree Commission of the Village of North Tarrytown. The applicant, at its sole cost and expense, shall repair any public street that is damaged or subjected to unusual wear due to the applicant's construction activity and associated activities. Submission to the Village of North Tarrytown of a letter of agreement by the applicant in form satisfactory to the Village Attorney, stating that the applicant has made the offers contained in conditions ten (10), eleven (11), twelve (12) and thirteen (13), above and will abide by those offers. Provision of a construction sequencing plan, inclusive of a set maximum scheduled duration of time for each phase of construction, to the satisfaction of the Village Engineering and Planning Consultants. Prior to the signing of the final plan, the applicant shall provide all bonding of improvements determined to be necessary by the Planning Board of the Village of North Tarrytown on advice of the Village Engineering Consultant and the Building Inspector, including, but not limited to, bonding for all public travel ways and all public and private utilities with the exception of individual house connections not located within the public right-of-way, or the applicant shall have completed the required improvements to the satisfaction of the Building Inspector and Village engineering Consultant. 5 �17. Submission to the Village of North Tarrytown of a letter of agreement by the applicant in form satisfactory to the Village Attorney, assuring the Village that the applicant shall file with the Village of North Tarrytown "As Built," or Record drawings on linen signed and sealed by a licensed land surveyor, showing and locating all improvements, services and utilities and their respective appurtenances, as shown on the approved construction plans. Such drawings shall include depths and ties to water service lines, sanitary sewer lines and storm drainage lines. 18. A note shall be added to the final subdivision plan stating, "In no case shall slopes greater than one foot vertical to two feet horizontal (1:2 Slope) be permitted on this site." There was a question raised whether the Planning Board was required to hold a public hearing on the application for site plan approval. The applicant noted that Article VIII Site Plan Review of the Zoning Code does not provide for a public hearing. Furthermore, Section 7-725 of the Village Law provides that subdivision plats subject to review under Section 7-728 shall not be subject to review under Section 7-725 (Planning Board approval of site plans). The Board directed counsel to have the Village Board clarify whether public hearings are required for site plan reviews. The Board directed counsel to advise the Village Board of Trustees of the need to repair the sewer line on New Broadway. The Board had decided that the developer should not be held responsible for this cost. A prior report on the sewer line from the Village Engineer is attached. Mr. Windas asked if the developer was required to have any other Village body review the site plan. He was advised that the Architectural Review Board will have to review the site plan. The Board reviewed the site plan presented by the developer. The Board then unanimously determined that the review and approval of the site plan was an unclassified action under SEQRA and would not have any material adverse impact on the environment as proposed. Mr. McCarthy moved to approve the proposed site plan as submitted to the meeting. Mr. Donvan seconded the motion. The Board voted to approve the site plan presented by the developer in accordance with the following conditions: 6 �NOW, THEREFORE, BE IT RESOLVED, that the site plan application and plan be and hereby are granted conditional site plan 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 site plan resolution and upon the final mylar copy of the site plan drawing revised as necessary to show compliance with the following conditions, which endorsement shall permit filing in the offices of the Village Building Department for purposes of obtaining a building permit in accordance with this resolution and all building code requirements, provided, however, that this approval shall expire twelve (12) months from the date of this resolution if the following modifications and conditions have not been completed to the satisfaction of the Planning Board and/or the Applicant has not obtained a building permit: 1. Y+ -*«* i" Fees - The Applicants shall pay to the Village of North Tarrytown: 1.1 An inspection fee for construction inspection of the proposed site plan to include buildings, drainage system, sewage, lighting and other site plan elements for compliance with the approved site plan in accordance with the Village of North Tarrytown Zoning Code. 1.2 A recreation fee of one thousand two hundred dollars ($1,200) per lot, which results in a total recreation fee of sixteen thousand eight hundred dollars ($16,800). 1.3 The Applicant shall submit payment of all application review fees as noted and required in Section 62-30(f) of the Village Zoning Code, as approved by the Village Attorney. 2. Revision of the above noted "Site Plan" to include a note stating that all tree removal and compensatory planting shall be subject to the appropriate permitting procedures as required by Chapter 52A, Tree Conservation, of the Code of the Village of North Tarrytown. 3. The conditions included as part of the Bedford Park Final Subdivision resolution of approval are incorporated into this resolution by reference. 4. All necessary approvals being granted by the appropriate New York State and Westchester County approval authorities with regards to each of the four (4) driveways proposed for Bedford Road and each of the four (4) driveways proposed for Webber Avenue prior to the filing of this site plan with the Village of North Tarrytown. i I �5. All elements of this approved site plan shall be completed to the satisfaction of the Village Building Inspector within a period of eighteen (18) months from the date of the issuance of the first building permit and prior to the issuance of a certificate of occupancy. The Planning Board may issue an extension of this time limit, or may modify any of the above conditions with respect thereto for good cause. 6. The Planning Board reserves the right to make a final field inspection of the project after construction of the facilities, upon notice of the Building Inspector, and before the issuance of a certificate of occupancy. The purpose of this final inspection is to review the development and to require any modifications to parking, drainage, access, paving and other site plan details, which do not comply with the approved plan in the interest of safety, convenience, aesthetics and the enjoyment and peace and quiet of adjacent neighbors. The motion was adopted on a roll call vote as follows: McCarthy Windas Donovan Salman Tsangaris Chairman Galgano Mr. Mr. Mr. Dr. Ms. Yes Yes Yes No No Yes The Chairman declared the motion adopted by a 4-2 vote. The minutes of the meeting of August 20 were approved as written except the last sentence of the third paragraph on page 2 should read: "Some members of the Board did not want parking on the cul-de-sac." The meeting was then adjourned. Respectfully submitted Marie Timmings •,-*-. ' « M a * i. �11/12/92 13:39 © 914 631 2384 MP&S @ CERTIFICATE I, WILLIAM REGAN, DO HEREBY CERTIFY that I am the Village Clerk for the Village of North Tarrytown, and DO HEREBY FURTHER CERTIFY that the Planning Board of the Village of North Tarrytown duly adopted the following resolutions on September 17, 1992: NOW, THEREFORE, BE IT RESOLVED, that said application for final subdivision approval for a fourteen (14) lot subdivision, as shown on the plan entitled, Final Subdivision and S^te Plan Known as Bedford Park, prepared by Cronin & Associates p.E., P.C. and dated August 5, 1992, be and hereby is granted conditional final subdivision approval by a vote of the Planning Board of the Village of North Tarrytown with five (5) members voting in favor of the application, no member voting against the application and two members absent, provided, that this conditional final subdivision approval shall expire within ninety (90) days from the date of this resolution if the following conditions have not been completed to the satisfaction of the Planning Board: 1. All references to the applicant shall applicant's successors and assigns. include the 2. Except as specifically amended herein, the conditions included as part of the approval of the preliminary subdivision plan are incorporated by reference. 3. The Applicant shall obtain from the Village of North Tarrytown Planning Board site plan approval for each and every lot in this fourteen (14) lot subdivision conforming with all requirements of this resolution, Chapter 62, Zoning, of the Code of the Village of North Tarrytown, all other applicable laws and regulations and all requirements of the Planning Board of the Village of North Tarrytown. 4. The Applicant shall provide a detailed plan as to the replanting of the site with sod for the purposes of providing soil stabilization/erosion control to the satisfaction of the Village Engineering and Planning consultants and said planting plan shall be incorporated into the Applicant's final subdivision and site plan applications. 5. The granting of a tree removal permit, inclusive of all required bonding and mitigation measures, by the Village Tree Commission of the Village of North Tarrytown, as per Chapter 52A, Tree Conservation, of the Code of the �11/12/92 13:40 © 914 631 2384 MP&S Village of North Tarrytown, with the applicant's compliance with said tree permit and all of the conditions thereof to be required conditions for the continued validity of this resolution of final subdivision approval. The underground placement of all required utilities, including, but not limited to, water, sanitary sewer, storm drainage, gas, cable television, alarm systems, telephone and electric service for all of the proposed lots fronting on Amos Street and wherever else permitted by the appropriate public utilities. The installation of all utilities, to the satisfaction of the Building Inspector and all other applicable approval authorities, inclusive of compliance with all scheduling of inspection requirements of the Village of North Tarrytown and all other approval authorities or their agents, prior to the signing of the final subdivision plat. Provision of all drainage calculations and other required engineering details to the satisfaction of the Village Engineering Consultant. All necessary approvals being granted by the appropriate New York State and Westchester County approval authorities with regards to each of the four (4) driveways proposed for Bedford Road and each of the four (4) driveways proposed for Webber Avenue prior to the signing of the final subdivision plat by the Village of North Tarrytown. The applicant's continuing compliance with its offer to refrain from transferring title to any of the proposed subdivision's fourteen (14) lots until driveway permits for each of the site's four (4) driveways proposed for Bedford Road and each of the site's four (4) driveways proposed for Webber Avenue have been obtained in final form the appropriate New York State and Westchester County approval authorities. The applicant's continuing compliance with its offer to absorb the full cost and financial impact of the loss of any lots and to waive any rights to claims of compensation due to a reduction in the proposed subdivision's lot count that is the result of the applicant's failure to obtain from the appropriate New York State or Westchester County approval authorities driveway curb cut permits for any of the four (4) driveways proposed for Bedford Road or any of the four (4) driveways proposed for Webber Avenue. @ �11/12/92 13:41 © 914 631 2384 HP4S @ In lieu of bonding for the proposed utilities, planting plan and tree removal permit requirements, if the applicant fails to complete the project, all monies held in escrow by the Village of North Tarrytown, including but not limited to fifteen thousand dollars ($15,000) in payments for recreation fees associated with this site and any outstanding sums not previously spent for inspection and consultant fees, shall be forfeited to the Village and may be used by the Village to complete the utilities and to restore the site to a vegetated state as similar to its existing condition as is practicable. In no case, shall the use of such monies release the applicant from its duty to pay such recreation, consultant and inspection fees and to complete all utilities and plantings required by this resolution or required by the Tree Commission of the Village of North Tarrytown. The applicant, at its sole cost and expense, shall repair any public street that is damaged or subjected to unusual wear due to the applicant's construction activity and associated activities. Submission to the Village of North Tarrytown of a letter of agreement by the applicant in form satisfactory to the Village Attorney, stating that the applicant has made the offers contained in conditions ten (10), eleven (11), twelve (12) and thirteen (13), above and will abide by those offers. Provision of a construction sequencing plan, inclusive of a set maximum scheduled duration of time for each phase of construction, to the satisfaction of the Village Engineering and Planning Consultants. Prior to the signing of the final plan, the applicant shall provide all bonding of improvements determined to be necessary by the Planning Board of the Village of North Tarrytown on advice of the Village Engineering Consultant and the Building Inspector, including, but not limited to, bonding for all public travel ways and all public and private utilities with the exception of individual house connections not located within the public right-of-way, or the applicant shall have completed the required improvements to the satisfaction of the Building Inspector and Village engineering Consultant. Submission to the Village of North Tarrytown of a letter of agreement by the applicant in form satisfactory to the Village Attorney, assuring the Village that the applicant shall file with the Village of North Tarrytown "As Built," or Record drawings on linen signed and sealed by �11/12/92 13:42 © 914 631 2384 M P &S a licensed land surveyor, showing and locating all improvements, services and utilities and their respective appurtenances, as shown on the approved construction plans. Such drawings shall include depths and ties to water service lines, sanitary sewer lines and storm drainage lines. 18. A note shall be added to the final subdivision plan stating, "In no case shall slopes greater than one foot: vertical to two feet horizontal (1:2 Slope) be permitted on this site." NOW, THEREFORE/ BE IT RESOLVED, that the sits plan application ana plan be and hereby are granted conditional site plan approval anci 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 site plan resolution and upon the final mylar copy of the site plan drawing revised as necessary to show compliance with the following conditions, which endorsement shall permit filing in the offices of the Village Building Department for purposes of obtaining a building permit in accordance with this resolution and all building code requirements, provided, however, that this approval shall expire twelve (12) months from the date of this resolution if the following modifications and conditions have not been completed to the satisfaction of the Planning Board and/or the Applicant has not obtained a building permit: 1. Fee9 - The Applicants shall pay to the Village of North Tarrytown: 1.1 An inspection fee for construction inspection of the proposed site plan to include buildings, drainage system, sewage, lighting and other site plan elements for compliance with the approved site plan in accordance with the Village of North Tarrytown Zoning Code. 1.2 A recreation fee of one thousand two hundred dollars ($1,200) per lot, which results in a total recreation fee of sixteen thousand eight hundred dollars ($16,800). 1.3 The Applicant shall submit payment of all application review fees as noted and required in Section 62-30(f) of the Village Zoning Code, as approved by the Village Attorney. 2. Revision of the above noted "Site Plan" to stating that all tree removal and compensatory be subject to the appropriate permitting required by Chapter 52A, Tree Conservation, of Village of North Tarrytown. include a note planting shall procedures as the Code of the 3. The conditions included as part of the Bedford Park Final Subdivision resolution of approval are incorporated into this �11/12/92 13:43 © 914 631 2384 MP&S @ 06 resolution by reference. 4. All necessary approvals being granted by the appropriate New York State and Westchester County approval authorities with regards to each of the four (4) driveways proposed for Bedford Road and each of the four (4) driveways proposed for Webber Avenue prior to the filing of this site plan with the Village of North Tarrytown. 5. All elements of this approved site plan shall be completed to the satisfaction of the Village Building Inspector within a period of eighteen (18) months from the date of the issuance of the first building permit and prior to the issuance of a certificate of occupancy. The Planning Board may issue an extension of this time limit, or may modify any of the above conditions with respect thereto for good cause. 6. The Planning Board reserves the right to make a final field inspection of the project after construction of the facilities, upon notice of the Building Inspector, and before the issuance of a certificate of occupancy. The purpose of this final inspection is to review the development and to require any modifications to parking, drainage, access, paving and other site plan details, which do not comply with the approved plan in the interest of safety, convenience, aesthetics and the enjoyment and peace and quiet of adjacent neighbors. IN WITNESS WHEREOF, I have signed my name and affixed the corporate seal of the Village of North Tarrytown this /£- day of November, 1992. William Regan • ~7s �Approved with respect to substance and form: V i l l a g e Attotfndy Dated: I J <ffa^ Approved by the Planning Board Filed with Village Clerk Clerk oy Deputy Clerk Dated: /d/S/fi^ AUGUST 20, 1992 Date of Meeting �KHffif I SEP 29 MMOMEY MMUM* m •**#$? � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Planning Board Minutes & Resolutions-1992 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_PLAN_1992-09-17 Subject The topic of the resource Planning Board Minutes & Resolutions-1992 Date A point or period of time associated with an event in the lifecycle of the resource 1992