https://sleepyhollow.localarchives.org/files/original/a2c75eeee66afef355329541750cc017.pdf 88128f50b780f86aeaa0cbe51f7cae20 PDF Text Text REGULAR MEETING NORTH TARRYTOWN, NEW YORK August 20, 1992 FINAL A regular meeting of the Planning Board was held on Thursday, August 20, 1992 at 8:00 PM in Village Hall, North Tarrytown, New York. Present: James Galgano, Chairperson Edward McCarthy James Donovan Roman Windas Steve Salman Also Present: James Margotta, Building Inspector Robert W. Spencer, Village Attorney Joseph Gulino, Charles Manganaro Thomas Gisson, Frederick P. Clark Associates The meeting was called to order at 8:10 P.M. by the Chairperson, James Galgano. IN THE MATTER OF ALBERT PECK. BARNHART AVENUE. NORTH TARRYTOWN. NEW YORK. Mr. Galgano stated that this matter will be adjourned until the next meeting due to the fact that not enough information about the proposed subdivision is available at this time. IN THE MATTER OF CHUCK PATEMAN. BEDFORD PARK ASSOCIATES. NORTH TARRYTOWN. NEW YORK. Mr. Galgano stated that the Planning Board will go through the conditions that were set at the time of approval of the preliminary subdivision at the July meeting. 1. Revision of the subdivision plan to show a conforming cul-de-sac with a right-of-way radius of sixty (60) feet and a paved area radius of fifty (50) feet. Mr. Pateman stated that this condition has been satisfied. 2. Inclusion of a detailed plan, to the satisfaction of the Planning Board, for the stabilization and replanting of the steeply sloped area located at , or near, the rear yard area of Lots 8, 9, 10, 11, 12, 13 and 14 for the dual purposes of providing slope stabilization and a wildlife corridor. Mr. Pateman stated that he was under the impression that this matter would be considered as part of the site plan approval application. The Applicant has added Note 24 to the General Notes on the final subdivision plat which provides that all grading shall not exceed 1 foot vertical to 2 feet horizontal. The Applicant has also included Erosion Control Notes on the ,— > IT �plat. There was an extended discussion of the replanting of trees on the site. The plat- provides for the planting of new street trees on Amos Street and the cul-de-sac. The Applicant has added Note 12 to the Erosion Control Notes on the plat which provides that the species and size of proposed street trees shall be determined by the Tree Commission at the time of planting. Jack Arcate of the Tree Commission commented that Jeff Wiegert, the DEC Forester, had examined the site and determined that 61 trees would be lost because of the development, and 25 trees were to be retained. There was concern whether those 25 trees would survive construction on the site. Dr. Sweet noted that the existing trees on the site were dead, diseased or inferior trees. Better trees could be planted as replacement trees. The Sugar Maple tree would be an ideal tree. It was agreed with the Applicant that no certificates of occupancy would be issued until the Street trees and the replacement trees in the development were planted. (Correspondence concerning trees is in the official minutes.) Mr. Gissen stated that there are two different issues. One concerns the tree removal permit. The other issue concerns control of erosion on slopes. Mr. Tim Cronin of Cronin & Associates, P.E., the engineer for the Applicant, stated that the slope is stable without a root system. The slope is less than what soil will seek in nature. 3. Provision of driveways with widths of not less than twenty (20) feet for Lots 5, 6, 7, 8, 9 and 10. Mr. Pateman stated that the plans do not provide for driveway widths of twenty (20) feet which he said would be excessive, particularly in view of the size of the cul-de-sac. Mr. Cronin stated that he was not sure of the reasoning why each driveway had to be 20 feet wide. Mr. Spencer stated that it was to eliminate off-street parking. Some members of the Board did not want parking in the cul-de-sac. Mr. Gissen stated that the reasoning behind the twenty (20) foot width was that if someone wanted to plant a hedge, install a wall or plant flower beds along the side of the driveway, the usable driveway area would be reduced. Many codes require a width of 10 ft. for each parking space. Mr. Pateman stated that he has conformed to the regulations by providing one parking space. The ordinance calls for one parking space. Mr. Pateman stated that he is more than willing to provide adequate parking. Mr. Cronin stated that a 20 ft. driveway is not necessary. Mr. Windas stated his opinion that 16 ft. for two cars, along with a garage, would be no problem. Mr. Galgano agreed that a width of 16 ft. should be used for the driveways. 2 �4. Confirmation by the Building Inspector of the Village of North Tarry town that the lots shown on the plans conform with all applicable lot width and frontage requirements for the R-3 District of the Vil-lage of North Tarrytown, as specified in Chapter 62, Zoning, of the Code of the Village of North Tarrytown. Mr. Margotta stated that the applicant conforms with the requirements. Mr. Spencer stated that he would furnish written confirmation for the file with respect to the question of frontages. Mr. Windas was concerned about the lot widths. It's a matter of not setting a precedent for future applications. Dr. Salman stated that a letter should go to the Board of Trustees and ask for the definition of lot frontage to be clarified. 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, the Subdivision Regulations of the Village of North Tarrytown, (except as modified by the Planning Board), 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. Mr. Spencer stated that under Section 7 of the subdivision regulations the Applicant, prior to the submission of the final plat, shall have installed the necessary improvements (or guarantees shall be provided for the installation of such improvements). Mr. Pateman stated that General Note 5 was put on the plan submitted to the Board (Copy in Official Minutes.) Mr. Windas stated that he was concerned about improvements which deal with streets, such as street lights and trees. Mr. Spencer stated that the Code provides that prior to the Planning Board's approval of the final subdivision plat, the Applicant shall have installed or shall provide guarantees for installation of any required street, sanitary improvements, and utilities, including electric, gas, and telephone. Mr. Pateman stated that the Applicant agrees that the final plat shall not be signed until the Applicant has complied with all of the provisions of the resolution granting final subdivision approval. Mr. Pateman believes that this is a good guaranteebonding is extremely expensive and difficult to get. This will be a stated condition as part of the final approval of the Planning Board. Mr. Windas feels that the Tree Commission should be the controlling agency with respect to the selection and planting of trees, and would report back to the Planning Board. Mr. Windas made a motion to delegate responsibility to the Tree Commission for the selection and planting of trees on the site, which was seconded by Dr. Salman, and unanimously adopted. 3 �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. Discussion of this matter was covered in the preceding condition 7. 8. The underground placement of all required utilities, including, but not limited to, water, sewer, gas and electric service. Mr. Gulino stated that storm drainage should be added. Mr. Pateman stated that there would be no problem with underground service, but Con Edison may want to service overhead, since there currently are poles on Bedford Rd. and Webfeer Ave. An application can be made for underground service. Mr. Windas stated that he would like to add certain services such as Cable T.V., alarm systems and telephone services. Mr. Pateman stated that he would put a note on the plan. Mr. Galgano stated that all utilities will be covered. 9. All necessary approvals being granted by the appropriate New York State and Westchester County approval authorities with regard 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. Mr. Patemen stated that approvals from New York State and Westchester County cannot be obtained if the State and County do not know the exact location of the driveways. (A letter from New York State and Westchester County are in official minutes.) Mr. Pateman stated that he is willing to put a note on his plan stating that no lot shall be transferred until such time as the appropriate driveway permit has been obtained from the New York State D.O.T. and the County. Each driveway will have a different profile. Mr. Pateman said that he would not develop a lot if he cannot get the proposed driveway permit for that lot. Mr. Salman asked if the driveway should be delineated on the plan at this time. Mr. Pateman responded that the driveways should not be shown until a later date, but that the potential location of the driveways is relatively limited. 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 the advice of the Village Engineering 4 �Consultant and the Building Inspector. Mr. Pateman stated that he has agreed to install the utilities before the Board signs the plat. 11. Provision of driveway turnaround areas within the confines of each lot, to the satisfaction of the Planning Board. Mr. Pateman does have turnaround areas on the plan for the houses on Webber Ave. and Bedford Rd. Mr. Gulino stated that the provision of bonding could be important if during construction the developer goes bankrupt. The Village might have the burden of completing the work at its expense. Mr. Spencer requested that in reference to condition number nine concerning driveways, the Board should hold up giving final approval until the Applicant received driveway approvals or give final approval subject to the Applicant getting driveway permits. Mr. Pateman suggested that the Board adopt a resolution with a stated condition the Chairman does not have to sign the plat until the driveway permits are granted. In other words, have a condition that the plat is not signed by the Chairman until such time as the Applicant obtains those permits. At this point during the meeting, discussion took place concerning the sewerage system on New Broadway. Mr. Gulino stated that the Village had looked into the situation a few years ago and at that time was considering repairing the system or banning construction in that area. The prior developer agreed to repair the sewer. Mr. Pateman said the other developer would have repaired the sewer in exchange for 15 units instead of 14 units. He will not do so if he only has 14 units. Mr. Donovan stated that the Village should look at the sewer line. He feels that Mr. Patemen is bringing out a good point, that the problem is a Village problem. Mr. McCarthy agrees that it is a Village concern. Mr. Galgano asked if Mr. Gulino could provide a report regarding his opinion. A letter is to be sent to the Board of Trustees about the sewer problem. A letter was submitted to the Planning Board by Mr. Cronin concerning construction and congestion on Amos St. during construction. (Copy in Official Minutes) Mr. Spencer stated that the Board should determine whether the application for final subdivision is complete and the matter is ready for a Public Hearing. Mr. Windas so moved, seconded by Mr. Donovan. Motion carried unanimously 5 �PUBLIC COMMENTS Mrs. Ceconi asked if the subdivision was based on 14 homes or six. Mr. Galgano answered 14. Mr. Gissen stated that his understanding was that the Applicant has agreed to put something in writing that if he fails to receive all the driveway- curb cuts on Webber Ave. and Bedford Rd., he will lose those lots* for which he is unable to obtain a permit and won't contest it wxth the Village. If he cannot get any permits for Bedford Rd. lie will lose four lots, but he still has 10 lots to build on. Furthermore, if the Applicant does not develop the lot after clearing the lot, the Applicant will replant trees to Restore the area. Mr. Pateman stated that he has no problem if the plat is not signed until such time as he has received driveway permits from the D.O.T. and the County. If the plat isn't filed, h ^ cannot build on the lots. Mr. Spencer asked Mr. Pateman how lie can guarantee the Village if and when trees are cleared from "the property that the replacement tree planting will take place. Mr.Pateman stated that $10,000 in inspection fees can fee kept by the Village for such purpose. Mr. Donovan made a motion to close the Public Comment section, seconded by Dr. Salman . Motion carried unanimously. It was the consensus of the Board that the Village should have some assurance that the utilities will be completed, i ^ started, and that replacement trees will be planted if necessary. Mr. Pateman stated that he will also waive the recreation ^ees which are $15,000 towards the completion of the utilities anci rehabilitation of the site. The amount available to tfcie Village would be a maximum of $25,000. Mr. Windas made a motion to approve the final subdivision with conditions, seconded by Mr. Donovan. The conditions a^e as follows: 1. All references to the applicant shall include the applicant's successors and assigns. The conditions included as part of the approval of the preliminary subdivision plan are incorporated by reference. 2. The applicant shall obtain from the Village of No^th 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 other requirements of the Planning Board of the Village of North Tarrytown. 6 �3. The Applicant shall provide a detailed plan as to the replanting of the site 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. 4. 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, 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. 5. 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. 6. The installation of all utilities, to the satisfaction of the Building Inspector and all other applicable approval authorities, prior to the signing of the final subdivision plat. 7. Provision of all drainage calculations and other required engineering details to the satisfaction of the Village Engineering Consultant. 8. 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. 9. The Applicant's continuing refrain from transferring title subdivision lots until driveway final form from the appropriate County approval authorities. compliance with its offer to to any of the proposed permits have been obtained in New York State and Westchester 10. 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 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 and any of the four (4) driveways proposed for 7 �Webber Avenue. 11. 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 his duty to pay such recreation, consultant and inspection fees and to complete all utilities and plantings required by this resolution or by the Tree Commission of the Village of North Tarrytown. 12. 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. 13. Provision of a construction sequences plan to the satisfaction of the Village Engineering and Planning Consultants. 14. Prior to the signing of the final plan, the Applicant shall have completed the required improvements to the satisfaction of the Building Inspector and the Village Engineering Consultant. With a roll call vote, the vote to approve the motion was unanimous. Mr. Windas made a motion to approve the minutes of July 16, 1992, seconded by Mr. McCarthy. Carried unanimously. The meeting was then adjourned. Respectfully submitted, Christine A. Yurkovic Recording Secretary 8 �V Approved with respect to substance and form: * tv 'm^, Village Attbrhey Dated: \ I f ^ / Approved by the Planning Board 4>y>?Ms,J 7^ n / ^ ^ y ^ ^ tairmari o r A c t i n g Cha^ppfen ^/Dated: Filed with Village Clerk d- CuJLAJL^Cb Clork or Deputy Dated: 9 / ^ 9 ^ Clerk JULY 16, 1992 Date of M e e t i n g � 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_1992-08-20 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