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                  <text>Planning Board
Regular Meeting
November 21, 1991
A regular meeting of the Planning Board was held on the
above date at Village Hall, North Tarrytown, New York.
PRESENT:

James Galgano, Chairman
Ellen Tsangaris
Steve Baderian
Richard Ayers
Steve Salman
Edward McCarthy
Roman Windas

ALSO PRESENT: Robert Spencer, Attorney
James Margotta, Building Inspector
Thomas Gissen, Frederick P. Clark Associates, Inc.
Joseph Gulino, Charles A. Manganaro Consulting
Engineers
Chairman Galgano called the meeting to order at 8 P.M.
1.

Preliminary Hearing-Hudson Canyon Construction, 281 North
Broadway-Renovation and Repair.

T.J. Muldoon representing Hudson Canyon Construction
presented plans to the Board for the project. He stated that the
building in its present condition was an eyesore and it was his
intention to renovate the building on the site for use as an
office, garage and two residential apartments. At the present
time it is a garage with apartments on the second floor. Several
variances would be needed as the pre-existing non-conforming site
conditions would not be grandfathered due to the extensive
proposed renovations.
After a discussion Chairman Galgano referred Mr. Muldoon to
the Zoning Board of Appeals for the necessary variances, stating
if the variances were granted he could appear before the Planning
Board at the December meeting.
Mr. Gissen, Planning Consultant for the Village, presented a
memorandum of comments about the proposed site plan.
Mr. Gulino, Consulting Engineer for the Village, presented a
memorandum regarding comments as to potable water, sewage and
storm drainage. (Copy in official minutes).

1

�2.

Public Hearing-David Rockefeller-Approval of sub-division
Webber Avenue-Section 17, Block 4, Lot A23

Clerk read the public notice to hear and consider an
application by David Rockefeller for approval of a sub-division
of premises on Webber Avenue, Tarrytown, New York and shown as
Section 17, Block 4, Lot A23 on the tax assessment map of the
Village of North Tarrytown.
Chairman Galgano asked if there was anyone present who would
like to address the Board.
Mr. John Cahill, attorney representing Mr. Rockefeller,
stated the purpose of the sub-division is to create a new
separate lot for an existing building. A second proposed lot
initially shown on the map will not be created at this time. Any
required easement to provide access to Webber Avenue from the new
lot will be provided.
Mr. Gulino, Consulting Engineer for the Village, presented a
memorandum regarding topography, location of existing site
features, including wetlands, fire hydrants, sewage, drainage and
potable water. (Copy in official minutes).
Mr. Thomas Gissen, Planner for the Village, presented a
memorandum regarding the comments of Frederick P. Clark
Associates, Inc. (Copy in official minutes).
Mr. Tom Gissen raised the issue whether the applicant needed
a variance for a pre-existing building on the new lot which
exceeded the maximum height limitation by reason of the creation
of a new lot line near the building. No changes would be made to
the existing building. Village Attorney Robert Spencer stated his
opinion that no variance would be required.
There being no further comments to come before the Board,
Mr. McCarthy moved, seconded by Mr. Ayers that the hearing be
closed. Carried unanimously.
The Board determined that the proposed sub-division is an
unlisted action under the State Environmental Quality Review Act
and that the proposed action will not result in any large and
important impact and, therefore, is one which will not have a
significant impact on the environment.
After a discussion, Mr. McCarthy moved, seconded by Ms.
Tsangaris that the sub-division be approved as requested and that
a one acre parcel be created from the parcel known as Section 17,
Block 4, Lot A23 on the tax assessment map of the Village.
Carried unanimously.
2

�3.

Public Hearing-David Rockefeller-Approval of sub-division of
premises on 132 Bedford Road-Section 17, Block 18 Lot B17.

Clerk read the public notice to hear and consider an
application by David Rockefeller for approval of a sub-division
of premises on 132 Bedford Road, North Tarrytown, New York and
shown as Section 17, Block 18, Lot B17 on the tax assessment map
of the Village of North Tarrytown.
Chairman Galgano asked if there was anyone present who would
like to address the Board.
Mr. John Cahill, attorney for the applicant, discussed the
proposed sub-division.
Mr. Gulino, Consulting Engineer for the Village, presented
memorandum regarding storm water, sewage, potable water and
proposed and existing site plan. (Copy in official minutes).
Mr. Thomas Gissen, Planner for the Village, presented a
memorandum regarding the comments of Frederick P. Clark
Associates, Inc. (Copy in official minutes).
Mr. Thomas Gissen raised the issue whether the applicant
could be required to dedicate to New York State land needed to
widen Route 448 to the minimum standard currently required by New
York State. Village Attorney Robert Spencer stated his opinion
that New York law did not provide clear authority for the
Planning Board to require the dedication of such additional
property as part of the process of approving the proposed
subdivision, but that the issue is academic because the applicant
has offered to convey the required property to New York State
without charge. John Cahill confirmed that David Rockefeller has
offered to convey the property to New York State without charge
to widen Route 448.
There being no further comments to come before the Board,
Mr. McCarthy moved, seconded by Mr. Ayers, that the hearing be
closed. Carried unanimously.
The Board determined that the proposed sub-division is an
unlisted action under the State Environmental Quality Review Act
and that the proposed action will not result in any large and
important impact and, therefore, is one which will not have a
significant impact on the environment.
After a discussion, Mr. McCarthy moved, seconded by Mr.
Ayers that approval be granted for a sub-division of premises on
132 Bedford Road, North Tarrytown, and shown as Section 17 Block
18, Lot B17 on the assessment map of the Village of North
Tarrytown. Carried unanimously.
3

�4.

Public Hearing-Sleepy Hollow Cemetery-Application for the
grant or waiver of a wetlands permit.

Clerk read the public notice to hear and consider an
application by Sleepy Hollow Cemetery for grant of a wetlands
permit for proposed construction for additional grave sites at a
portion of the premises known as 540 North Broadway, North
Tarrytown, (Sleepy Hollow Cemetery) and shown as Section 11,
Block 13, Lot 21 on the tax assessment map of the Village of
North Tarrytown and the approval of a proposed mitigation plan.
Chairman Galgano asked if there was anyone present who would
like to address the Board.
Mr. Gulino, Consulting Engineer for the Village, presented a
memorandum of his comments on the project. (Copy in official
minutes).
Mr. Thomas Gissen of Frederick P. Clark Associates, Inc.,
planning consultants to the Village, presented a memorandum of
his comments about the project. (Copy in official minutes) .
Mr. Gerard Weiss, representing the Sleepy Hollow Cemetery
Association, stated that representatives of the Cemetery had met
with representatives of the Sleepy Hollow Manor Taxpayers
Association and resolved all outstanding problems. Mr. Edmund
Stocklein, representing the Sleepy Hollow Manor Taxpayers
Association, confirmed that the parties had resolved all
outstanding problems.
Mr. Larry Nardecchia, Consulting Engineer for the Cemetery,
presented final plans with all of the agreed upon changes and
modifications.
There was a discussion concerning the area of the wetlands
impacted by the proposed project, and the authority of the Board
to waive or modify provisions of the Wetlands Ordinance.
Thereupon, Mr. McCarthy moved, seconded by Mr. Salman, that
the following resolutions be adopted:
RESOLVED, that the Planning Board acting as
lead agency, has determined that the issuance
of a wetlands permit to the Sleepy Hollow
Cemetery in connection with the proposed
filing and drainage project, containing
proposed mitigation measures, is an unlisted
type action under the State Environmental
Quality Review Act, and that the project will
not result in any large and important impact
and, therefore, is one which will not have a
significant impact on the environment.

4

�RESOLVED, that the Planning Board of the Village of
North Tarrytown has determined that the total amount of
Wetlands area to be disturbed by the project proposed
by the Sleepy Hollow Cemetery Association is less than
one-tenth (1/10) of an acre;
RESOLVED, that the applicant be required to file only a
short-form application for a wetlands permit which
shall include only the information required by Sections
61-10-A(1) through (6)(c) and A(7);
RESOLVED, that a wetlands permit be issued to the
Sleepy Hollow Cemetery Association in connection with
the proposed project to create additional grave sites
subject to the following conditions:
(1) the water quality of the stream in the area
of the project will not be contravened by
sedimentation as the result of direct run-off from
construction activities or final grading of the
ravine.
(2) only clean uncontaminated fill shall be used
in connection with the project, which shall not
include concrete masonry or construction and
demolition debris, pulverized or otherwise.
(3) Sleepy Hollow Cemetery Association shall
proceed with the permitted project in accordance
with the plans dated November 18, 1991, including
the proposed layout of trees and shrubs.
(4) the project map shall contain an additional
note which provides that if the New York State
Department of Transportation does not permit the
planting of replacement Sycamore trees adjacent to
the Route 9 right of way, the Cemetery will meet
with the Planning Board and develop an alternate
planting proposal.
RESOLVED, that the Planning Board waive any mitigation
requirements of Section 61-13 of the Wetlands
Ordinance, except as provided in these resolutions.
RESOLVED, that the Cemetery obtain all other required
permits before proceeding with the project, including
any permits from the New York State Department of
Environmental Conservation. Carried unanimously.

5

�5.

Public Hearing-Phelps Memorial Hospital-701 North Broadway
Site approval for construction of medical office building.

Clerk read the public notice to hear and consider an
application by Phelps Memorial Hospital Association for site plan
approval for construction of a medical office building adjoining
the Hospital at the premises known as 701 North Broadway, North
Tarrytown, (Phelps Memorial Hospital) and shown as Section 11,
Block 1, Lot 3A on the tax assessment map of the Village of North
Tarrytown.
Chairman Galgano asked if there was anyone present who would
like to address the Board.
Mr. John Hughes, Jr., representing the Phelps Memorial
Hospital Association stated that plans have been presented to the
Village Planners and Engineers.
Mr. Gulino, Consulting Engineer for the Village, presented a
memorandum outlining comments about the project. (Copy in
official minutes).
Mr. Thomas Gissen, Planner for the Village, presented a
memorandum of comments about the project, including, site plan
approval, height of building, trees, setbacks, and traffic
impact. (Copy in official minutes).
Chairman Galgano stated in his opinion the property would
have to be sub-divided and the new building and land have to be
put on the tax roll.
Mr. Hughes stated that approximately 99% of the building
would be leased. The Hospital would work with the Village to
provide for the building and related facilities to be assessed,
including a sub-division of the parcel for tax purposes.
Mr. Gissen stated if a sub-division was required, numerous
variances might be required.
A discussion followed regarding the capacity of the pumps,
tanks etc. for sewage. It was also stated that I.B.N, is willing
to go along and help Phelps with the project's sewage flows.
Mr. McCarthy moved, seconded by Mr. Ayers that the Planning
Board, as the lead agency circulate the long form of the
Environmental Assessment Report to all interested and involved
agencies and ask for comments and suggestions.
There being no further comments, Mr. Ayers moved, seconded
by Mr. Windas that the hearing be continued until the December
meeting.
6

mm i

�•l

Minutes
Mr. Ayers moved, seconded by Mr. Salman that the September
and October minutes be approved as submitted. Carried
unanimously.
After a discussion, Mr. McCarthy moved, seconded by Mr.
Ayers, that the comments made at the October work session
concerning the various applications discussed at that session be
incorporated into the minutes of the meeting of November 21,
1991.
There being no further business to come before the Board,
Mr. Ayers moved, seconded by Mr. Salman, that the same be duly
adjourned. Carried unanimously.
Respectfully submitted,

Irene Amato
Acting Clerk

7

�PLANNING BOARD
VILLAGE OF NORTH TARRYTOWN
RESOLUTION:
I

SUBDIVISION APPROVAL
PROPOSED ACTION:
SUBDIVISION OP SECTION 17,
BLOCk 18, LOT B-17 INTO TWO

OWNER:
LOCATION:

TAX MAP NUMBER:
ZONING:

LOTS IDENTIFIED AS PARCEL ONE
AND PARCEL TWO ON THE H S I T E II
PRELIMINARY SUBDIVISION MAP,"
PREPARED BY L. DUNCAN OLMSTED,
JR. AJND DATED JULY 1991.
DAVID ROCKEFELLER
NORT^EA^T
CORNER
OF
THE
INTERSECTION OF BEDFORD ROAD
AND SLEEPY HOLLOW ROAD.
SECTION 17, BLOCK 18, LOT B-17.
R-L, RESIDENTIAL.

i

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, 6f 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 Tax Lot B-17 of Section 17, Block 18 in the Village Of
North Tarrytown into two new lots identified as Parcel 1 (1.0
acres) and Parcel 2 (83.024 acres) on the "Site II Preliminary
Subdivision Map," prepared by L. Duncan Olmsted, dated July 1991;
and
WHEREAS, the Application is supported by a subdivision plan
prepared by L. Duncan Olmsted, South Salem, New York, dated July
1991 an£ titled, "Site II Preliminary Subdivision Map Prepared for
Village of North Tarrytown Town of Mount Pleasant West. Co. N.Y.",
and a short form Environmental Assessment Form; and
WHEREAS, the applicant has stated on the record that the
applicant will convey without charge any jand all lands necessary to
improve all streets adjacent to Lot B-17 at the time the
appropriate governmental authorities undertake any such widening;
and
WHEREAS, in light of the above, the Planning Board determines
not to Condition this subdivision approval upon said dedication of
adjacent street areas; and

�WHEREAS, in the course of its review, the Planning Board has
made the following findings and caused, noted or conducted the
following activities:
1.

Caused field inspections to be made of the property under
review and surrounding areas.

2.

Reviewed said application materials.

3.

Held a public hearing on said application on November 21,
19pi, at which time the applicant, planning Board, its
consultants and members of the public were given an
opportunity to be heard*
i
Requested, received and reviewed an Environmental Assessment
Form (EAF) in compliance with the New York State Environmental
Quality Review Act (SEQR)•

i

4.

i

5.

Determined that the proposed action is an unlisted type under
SEQR and hereby issues a "negative declaration" determination
of'• non-significance with regards to the environmental impact
for this unlisted action;
NOW, THEREFORE, BE IT RESOLVED, that said subdivision
application and subdivision plan, as shown on the subdivision plan
prepared by L. Duncan Olmsted, South Salejn, New York, prepared July
1991 and titled, "Site II Preliminary Subdivision Map Prepared For
Village'of North Tarrytown Town of Mount Pleasant West. Co. N.Y.",
be and hereby are granted final 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 plan resolution and upon final mylar copy of the
subdivision plan drawing revised as necessary to; show compliance
with the following conditions, provided, however, that this
approval shall expire 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.

2.

Revision of the final plat to identify said plat as a "Final
Subdivision Plan Prepared For David Rockefeller."
I

i

j

J

Revision of the final plat to comply with the requirements of
§ 11.A.(l) of the Subdivision Regulations of the Village of
North Tarrytown, to the satisfaction of the Building
Inspector, Village Planning Consultant and Village Engineering
Consultant.

�3.

Revision of the final plat to comply with recommendations
1,^,4,5,6,7 and 8 of the Village Engineering Consultant**
November 20, 1991 memorandum to the Village of North Tarrytown
Planning Board, entitled, " David Rockefeller Subdivisions
Village of North Tarrytown, NY CAMCE #1443R."

4.

Review Fees - the applicants shall pay the Village of North
Tajrrytown application review fees as noted and required in
Section 62-30(f) of the Village Zoning Code, as approved by
the Village Attorney.

5.

Date of this resolution
subdivision plan.

s

,

shall

be

noted

on

the

final

PLANNING BOARD
VILLAGE'OP NORTH TARRYTOWN

Date

500\not2-005.tp

/Vo/.

&lt;A/ /?&lt;?/

�PLANNING BOARD
VILLAGE OF NORTH TARRYTOWN
RESOLUTION;

SUBDIVISION APPROVAL
PROPOSED ACTION:
SUBDIVISION OF SECTION 17,
BLOCK 4, LOT A-23 INTO TWO LOTS
IDENTIFIED AS LOT ONE AND LOT
TWO ON THE "SlTE I SKETCH MAP
SUBDIVISION" PLAN PREPARED BY
L. DUNCAN OLMSTED, JR., DATED
MAY 1991 AND LAST REVISED
OCTOBER 9, 1991 AND THE MERGER
OF SAID LOT ONE AND SECTION 17,
BLOCK 4, LOT A-20 INTO A NEW
PARCEL A-20.
OWNER:
DAVID ROCKEFELLER
LOCATION:
NORTHWEST CORNER OF BEDFORD
ROAD AND WEBBER AVENUE.
TAX MAP NUMBER:
SECTION 17, BLOCK 14, LOTS A-20
AND A-23.
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 Tax Lot A-23 of Section 17, Sheet 4 in the Village of
North Tarrytown into two new lots identified as lots 1 and 2 on the
"Site I Sketch Map Subdivision" plan, prepared by L. Duncan
Olmstedj dated May 1991 and last revised October 9, 1991 and
further to merge said Lot 1 with Tax Lot A-20 of Section 17, Sheet
4;" and!
WHEREAS, the Application is supported by a subdivision plan
prepared by L. Duncan Olmsted, South Salem, New York, prepared May
1991, list revised October 9, 1991 and titled, "Site I Sketch Map
Subdivision of Property Situate in the Village of North Tarrytown
Town of'Mount Pleasant Westchester County, N.Y.", and a short form
Environmental Assessment Form; and
WHEREAS, the village Attorney has determined that this
subdivision approval will have no impact on the pre-existing nonconforming status of the multi-family residential structure located
on Lot A-2 3, which is non-conforming with regards to its use,
height £nd yard setbacks, and that said structure and use is
protected and may continue, subject to Article VII of Chapter 62 of
the Code of the Village of North Tarrytown; and

�I

WHEREAS, in the course of its review, the Planning Board has
made the following findings and caused, noted 6r conducted the
following activities:
1.

Caused field Inspections to be made of the property under
review and surrounding areas.

2.

Reviewed said application materials*

3.

Hejd a public hearing on said application on November 21,
1991, at which time the applicant, Planning Board, it's
consultant* and members of the public were given an
opportunity to be heard.
j
.
Requested, received and reviewed an Environmental Assessment
Form (EAP) in compliance with the New York State Environmental
Quality Review Act (SEQR).
Determined that the proposed action is an unlisted type under
SE$R and hereby issues a "negative declaration" determination
of non-significance with regards to the environmental impact
for this unlisted action;

4.
5.

NOW,

THEREFORE,

BE

IT

RESOLVED,

that

said

subdivision

application and subdivision plan, as shown on the subdivision plan
prepared by L. Duncan Olmsted, South Salem, New York, prepared Hay
1991, last revised October 9, 1991 and titled, "Site I Sketch Map
Subdivision of Property Situate in the Village of North Tarrytown
Town of Mount Pleasant Westchester County, N.Y.", be and hereby are
granted final 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 plan resolution and upon final my^ar copy of the
subdivision plan drawing revised as necessary to show compliance
with the following conditions, provided, however, that this
approval shall expire 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.

Revision of the final plat to identify said plat as a "Final
Subdivision Plan."

2.

Revision of the final plat to comply with the requirements of
§ il.A.(l) of the Subdivision Regulations of the Village of
Nojrth Tarrytown, to the satisfaction of the Building
Inspector, village Planning Consultant and Village Engineering
Consultant.
Revision of the final plat to comply with recommendations
1,^,4,5,6,7 and 8 of the Village Engineering Consultants
November 20, 1991 memorandum to the Village of North Tarrytown
Planning Board, entitled, " David Rockefeller Subdivisions
Village of North Tarrytown, NY CAMCE #1443R."

I

3•

1

�4.

Review Fees - the applicants shall pay the Village of North
Tafrytown application review fees as noted and required in
Section 62*30(f) of the Village Zoning Code, as approved by
thi Village Attorney.

5.

Date of this resolution
subdivision plan.

6.

Documentation providing for the continued provision of the
twinty-five-foot wide easement connecting Fairview Avenue and
Webber Avenue across Lot A-23, to the satisfaction of the
Village Attorney.

shall

be

noted

on

the

final

PLANNIN^ BOARD
VILLAGE OF NORTH TARRYTOWN
By \\flmti/l^ J L * £ # a ^
Parties Galganoy Chaktfnan

50O\nct2-004?.ta

Date

A/*V.

At

Hit

�Approyed/witfh ^respect t o substance and form:

n

V i l l a g e Attorrfe.
Dated:
\ '^/^V

Approved by t h e Planning Board
Cratprrman or Acting Chairman

F i l e d with Deputy Clerk
Clerk or Deputy Clerk

Dated! L

5 f^/ f n—

(A^C^^LccL:

O^DSU^-

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