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                  <text>Planning Board
Regular Meeting
North Tarrytown, New York
July 16, 1992

•

FINAL

A regular meeting of the Planning Board was held on Thursday,
July 16, 1992 at 8:00 PM in Village Hall, North Tarrytown, New
York.
Present:

James Galgano, Chairman
Edward McCarthy
Ray Windas
Steve Salman
Richard Ayers

Also Present:

Absent:

^B
^^

1.

James Margotta, Building Inspector
Robert W. Spencer, Village Attorney
Robert Curti,
Charles A. Manganaro, Village Engineers
Thomas Gisson and Susan Portman,
Frederick P. Clark Associates

Ellen Tsangaris
James Donovan

IN THE MATTER OF ARLINDO RUIVO, CORNER OF WASHINGTON STREET
AND DEPEYSTER STREET

John Hughes, counsel for Arlindo Ruivo, advised that the
application requests approval of a site plan for a three family
residence and a subdivision which would create two lots from one.
A rear yard variance is requested. Mr. Galgano advised that this
request be referred to the Zoning Board. A motion was made to
this effect by Mr. R. Windas, seconded by Mr. Salman, and carried
unanimously.
2.

IN THE MATTER OF BEDFORD PARK ASSOCIATES - APPLICATION FOR
PRELIMINARY SUBDIVISION APPROVAL

The Secretary read the Public Notice concerning the
application by Bedford Park Associates for preliminary
subdivision approval for a subdivision located at the end of Amos
Street.
Charles Pateman, representing the applicant, advised the
Planning Board that the application is a new application. Plans
were submitted for a 15-lot subdivision and a 14-lot subdivision.
The plans show a 50-foot wide roadway, as required by the
Subdivision Regulations, and a cul-de-sac with a radius of 60
feet (the paved cul-de-sac will have a radius of 50 feet).

�Charles Pateman stated that the applicant will follow the
directions of the Planning Board; either plan is acceptable to
the applicant.
Chairman Galgano then opened the meeting for public comment.
Philip Zegarelli, 35 Amos Street, stated that the residents had
not yet seen the plan for the 14-unit development. The neighbors
are not against development of the property, but are concerned
about frontages on Amos Street and would favor a 13-unit
subdivision. Mr. Zegarelli requested that preliminary
subdivision approval not be granted until the State and County
have reviewed the proposed subdivision.
Mrs. A. Petri expressed concern whether the size of the culde-sac was adequate and suggested opening up Cottage Place, a
paper street, as another exit.
Mr. Salman stated that he believed that the incline of the
driveways from the proposed houses onto Webber Avenue and Bedford
Road would be a significant problem. He had measured a number of
cul-de-sacs in the Village and would recommend a cul-de-sac with
a paved radius of 60 feet as required by the Subdivision
Regulations.
A motion was made, seconded and unanimously carried to close
the Public Hearing.
Members of the Planning Board then made comments about the
proposed subdivision.
Mr. Windas suggested that the Board consider a 14-lot
subdivision with a cul-de-sac having a paved radius of 50 feet
and with each lot having 50-foot frontage. Mr. Salman noted that
the Board must still deal with the needed waiver for a cul-de-sac
with a length of more than 600 feet (the Subdivision Regulations
do not permit a cul-de-sac to be longer than 600 feet without a
waiver by the Planning Board). Mr. McCarthy stated that he
believed that a cul-de-sac with a radius of 50 feet is adequate;
he is opposed to any parking in the cul-de-sac. The engineer for
the applicant noted that the driveways could be widened to permit
off-street parking.
Mr. Pateman noted that if the applicant was permitted to
build only 14 houses, it could not afford to make off-site
improvements to the sewer system.
Mr. Salman favors a 13-lot subdivision.
Mr. Windas questioned what egress will be used by the
applicant during the course of construction; how will
construction be conducted so that the neighbors will not be
abused. The applicant will submit a plan to state how

2

�construction will be accomplished to minimize inconvenience to
the neighbors.
Mr. Windas stated that he also favored a 13-lot subdivision.
The applicant noted that there is no application pending for
a 13-lot subdivision. The only applications pending are fo^- a
15-lot subdivision and a 14-lot subdivision.
Chairman Galgano called for a vote on the application
14-lot subdivision.

for a

The Planning Board then considered the classification of the
proposed development under SEQRA. A motion was made by Mr.
Windas, seconded by Mr. Ayers, that the proposed developmervt be
considered an unclassified action under SEQRA, and that a
negative declaration be made concerning the proposed project/
subject to the following conditions:
(1)

the applicant provide more detailed information
concerning the vegetation and grading behind Lots 8-14;
and

(2)

the applicant provide a wildlife corridor behind
8-14.

lots

The motion was carried unanimously.
Mr. McCarthy moved, seconded by Mr. Ayers, that the
application for preliminary subdivision approval of the 14—jot
subdivision shown on the plan entitled Preliminary Final
Subdivision and Site Plan known as Bedford Park, prepared o y
Cronin &amp; Associates, P.E., P.C., dated February 25, 1992, Xast
revised April 28, 1992 be approved, subject to the applicant
satisfying the following conditions to the satisfaction of the
Planning Board within 180 days from the date of this resolution:
(1)

Revision of the subdivision plan to show a confowning
cul-de-sac with a right-of-way radius of sixty (60)
feet and a paved area radius of fifty (50) feet.

(2)

Inclusion of a detail plan, to the satisfaction of
the Planning Board, for the stabilization and
replanting of the steeply sloped area located a t , or
near, the rear yard areas of Lots 8, 9, 10, 11, X2f 13
and 14 for the duel purpose of providing slope
stabilization and a wildlife corridor in the are^.

(3)

Provision of driveways with widths of not less tfcjan
twenty (20) feet for Lots 5, 6, 7, 8, 9 and 10.

(4)

Confirmation by the Building Inspector of the Village

3

�of North Tarrytown that the lots shown on the above
noted plans conform with all applicable lot width and
frontage requirements for the R-3 District of North
Tarrytown, as specified in Chapter 62, Zoning, of the
Code of the Village of North Tarrytown.
(5)

The Applicant shall obtain from the Village of North
Tarrytown Planning Board final subdivision plan
approval and site plan approval conforming with all
requirements of this resolution, Subdivision
Regulations of the Village of North Tarrytown, 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.

(6)

The Applicant shall provide a planting plan to the
satisfaction of the Planning Board and said planting
plan shall be incorporated into the Applicant's final
subdivision and site plan applications.

(7)

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 Village of North Tarrytown.

(8)

The underground placement of all required utilities,
including, but not limited to water, sewer, gas and
electric service.

(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 granting of final subdivision approval and a
demonstration to the satisfaction of the Planning Board
that each of the proposed driveways will maintain
adequate sight distance and grades.

(10) Provision by the Applicant of 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.
(11) Provision of driveway turnaround areas within the
confines of each lot, to the satisfaction of the
Planning Board.

4

�FURTHER RESOLVED, that the modification of the
subdivision regulations for cul-de-sac length in accordance
with the preliminary subdivision plan is in the public
interest or avoids the imposition of unnecessary individual
hardship.
FURTHER RESOLVED, that prior to the granting of a
building permit, the Applicant shall provide seventy-five
thousand dollars ($75,000) to be used for improvements to
the Village's sanitary sewerage system below the site so as
to mitigate the impacts of the proposal upon the system, or,
in lieu of the above monies, the Applicant may perform
improvements to said sewerage system, to the satisfaction of
the Village Engineering Consultant.
The vote on the motion was as follows:
Mr. McCarthy
Yes
Mr. Windas
Yes
Mr. Ayers
Yes
Mr. Salman
No
Chairman Galgano
Yes.
Cha_irman Galgano declared the motion carried by a 4-1 vote.
The minutes of the previous meeting of June 18, 1992 were
apprroved on a motion made by Mr. E. McCarthy, seconded by Mr. S.
Saltan, and unanimously carried. There was discussion on changes
in .occupancy, change of use, site plan revisions, and
subdivisions subject to review by the Planning Board. Mr. Salman
suggested that a letter received from the County may have
something to do with our discussion of tonight regarding density.
The Board should review the letter from the County.
Mee-ting adjourned on a motion made by Mr. Windas, seconded by Mr.
Ayejrs, and unanimously carried.
Respectfully submitted,
Mar- ie Timmings

5

�Approve/t\with respect to substance and form:

Village AttorAe^

Dated:

[ I tfi/fy/

Approved by the Planning Board

Chairman
pr Ac
Acting^^nairman
man pr
Dated

F i l e d w i t h V i l l a g e Clerk

Clerk or Depu
Deputy Clerk
Dated: ?I/O /&lt;*

: rp*/s

JUNE 18, 1992

Date of Meeting

�2661 9

91W

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