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*

A regular meeting of the Planning Board was held on Thursday,
February 15, 1990, 8:00 PM in Village Hall, North Tarrytown, N.
Y.
Present:

James Galgano, Chairman
Ellen Tsangaris
Richard Ayers
Ray Windas
Frank Rey

Also Present: Daniel K. Wery,Consultant, Frederick P. Clarke
Associates
Joseph Gulino, Consultant, CAMCE
Absent:

John O'Leary
Alan Kaplan

Meeting was called to order at 8:10 PM.
IN THE MATTER OF THE GAULIN SUBDIVISION. 199 WEBBER AVENUE, NORTH
TARRYTOWN.
The hearing was held for final site plan approval.
The public notice was read aloud by the recording secretary.
Mr. Wayne Martell, attorney for
his client was seeking to make
sion to create an additional lot
dwelling. The new lot will meet
the Village.

the Gaulin estate stated that
one lot into a two lot subdivifor the erection of a one family
all the zoning requirements of

He also stated that there were sufficient water and sewer lines
to accommodate one additional home in that area and that this new
dwelling would not have any adverse effects to the surrounding
area.
Mrs. Garrity, who is purchasing the existing house, asked the
Board if 15 ft requirement for the side yard be on her side, so
that both houses are not too close together. Mr. Windas stated
that her request would be included in the final resolution for
approval of the subdivision, to be prepared by the consultants.
Mr. Windas asked that Mrs.
record.

Garrity's name be taken for the

A motion was made by Mr. Windas that as "a friend of the court",
the Board supports Mrs. Garrity's request to have as much distance between the proposed new dwelling and the house she is purchasing.
')

6

�Mr. Dan Wery of Clarke Associates advised the Board that there
could be a considerable amount of water shed due to the property
decline and made several suggestions for better drainage.
Mr. Frank Rey moved that the comments of the consultant be included in the provisions of the resolution concerning construction on the newly subdivided building lot.
Ray Windas moved to close the public hearing and seconded by
Frank Rey. Motion carried unamiously.
Mr. Galgano read aloud a note from Village Attorney John Hughes
and stated that he felt the subdivision could be approved
tonight.
Mr. Windas made a motion to approve the subdivision of the lots
with notes 1) granting the request subject to the consultants'
suggestions and
2) considering the neighbor's request for distance between the
building lots.
Motion was seconded by Frank Rey.
Motion
carried.
A final resolution will be prepared.
IN THE MATTER OF THE JOYNER SUBDIVISION, 21 CLINTON STREET. NORTH
TARRYTOWN. N. Y.
This is a continuation of discussion from a previous meeting.
Mr. Robert Stanizale, architect, and George Turpee represented
the Joyners.
Mr. Galgano read a note from Village Attorney John Hughes who
stated that the Board could direct to have a resolution prepared
to approve the subdivison.
Mr. Galgano stated that he understood the Joyner project had been
before the Zoning Board and was granted the required variances.
A number of questions were brought up by the Board as to easements, location of the proposed buildings on the lots and the
comments of the consultants. (Copy attached).
At this point, Mr. Turpee , attorney for the Joyners, stated that
he had just received the comments of the consultants and did not
have sufficient time to review them.
Mr. Galgano addressed the consultants and asked if there was any
way the Board could receive their comments at least two weeks in
advance of the Planning Board meetings so that they could be
properly prepared at the meetings.
Chairman Galgano suggested that the discussion be continued at
the next meeting and a public hearing be held at that time. Mr.
Margotta replied that he would make the arrangements for the
public hearing.
7

�IN THE MATTER OF THE OLIVEIRA AND GASPAROVIC SUBDIVISION. 304
GORDON AVENUE. NORTH TARRYTOWN. N.Y.
This was a continuation of the preliminary hearing held by "the
Planning Board.
Both Mr. Durafete and Mr. Gasparovic addressed the board along
with the architect, Julius Twine.
After a very long discussion concerning easements and property
lines and sales of property, and reviewing the comments from the
consultants (copy enclosed), it was decided to table any further
discussions until they went before the Zoning Board with completed plans for any type of development for the property.
A motion to adjourn the meeting was made by Frank Rey,
by Ray Windas.
Meeting adjourned at 9:55 RPM
Respectfully submitted,

A * du, &lt;^J^y)&lt;fl^Francesca Lorenz
Recording Secretary

fl
encl.

8

seconded

�Rav windas

moved, seconded by

Frank Rey

and unanimously carried that the following resolution be adopted
as read:
WHEREAS, this Planning Board, on the application of
Estate of Joseph Gaulin
Name of Applicant

• , did on

February 15, 1990
Date

grant permission for a subdivision of their property
located at

3,99 Wfihhflr Avenue

North Tarry town i N» Y. 10591

Section

17

, Sheet

, Block

3

, Lot 14

; and

WHEREAS, the aforesaid subdivision permits the
development of u s e s that are i d e n t i c a l t o t h o s e p r e v i o u s l y permitted, i n that the action did not provide
f o r any change of zone, or approval of s i t e plan;

and

WHEREAS, the property contains no s t r u c t u r e or
area that i s l i s t e d or e l i g i b l e t o be l i s t e d on the
Federal Register of Historic Places or d e s i g n a t e d by
t h e l o c a l H i s t o r i c Architectural Review Board a s an
h i s t o r i c landmark or d i s t r i c t and the s a i d s u b d i v i s i o n
complies with a l l r e g i o n a l , s t a t e and l o c a l land use
plans;

�NOW, THEREFORE BE IT RESOLVED:
1. The subdivision of the property as above
described is an unlisted action pursuant to Article
8 of the Environmental Conservation Law and Part 617
of the Rules and Regulations promulgated thereunder,
and will, in and of itself, not have a significant
effect on the environment, so that no Environmental
Impact Statement is required or need be filled
therefor.
2.

Nothing herein contained, however, shall

be deemed to indicate or suggest that subsequent
submissions for development of the property will
not require the preparation and filing of Environmental Impact Statements.
3. This resolution is a Negative Declaration
for the purposes of Article 8 of the Environmental
Conservation Law, Local Law Environmental Quality
Review Act for the Village of North Tarrytown, and
will be kept on file at the Village Hall and be
available for public examination.

2

�Frederick P. Clark Associates, Consultants
P'inmprj Of^.e\oorr'fir'
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9*4,967-6540
-AX i9U)967-56'5

MEMORANDUM
To:

Village of North Tarrytown Planning-p Board

Date:

February 15, 1990

Subject:

Site Plan for 21 Clinton Street

At your request, we have reviewed "Proposed T^hree Family Dwelling
and Conversion to a Two Family Dwelling: ; site Plan: Driveway
Elevation," prepared by Robert Stanziale, i^H\IA, and last dated
January 31, 1990.
GENERAL INFORMATION
Proposal. Conversion of an existing single-family dwelling to a
two-family dwelling with two off-street parkimg spaces on a 9,135square-foot Parcel A, and construction of a t^_hree-family dwelling
and six off street parking spaces on a 6, 250-Sssguare-foot Parcel B.
Parcel B is proposed to be served by p u b l i c water supply and
sewerage facilities, as is currently the ca ; se for the existing
building on Parcel A.
Tax Map. Section 16, Block 8, Lot 26 (Parcel &amp;\) ; Section 16, Block
8, Lot 27 (Parcel B ) .
Location. The northern side of Clinton Street t, approximately 170
feet west of its intersection with Cortland S^treet.
Zoning.

R-5 residential.

Land Use.

Residential.

Physical Characteristics.
A two-story dw^slling with a nonconforming front yard and northern side yard oon Parcel A. Several
mature trees stand on the site, with the remaining vegetation being
lawn and scrub growth. A retaining wall in
poor condition runs
along a portion of the southern property line
for Parcel A and the
rear property line for Parcel B.

�have the following comments regarding the proposal:
Separate Lots.
The proposal encompasses two adjacent tax
parcels. However, it is not clear if the site is one property
under the Zoning Ordinance—in which case a subdivision would
be necessary to provide a separate lot for each building, as
required by Section 62-7.C. The applicant should provide
individual, filed deeds in each parcel, or he should submit an
application for subdivision approval.
Driveway for Parcel B.
a.

A site plan proposes a driveway 20 feet wide in front of
the westernmost garage (2.5 feet of that width being on
the adjacent Parcel A ) . A driveway of that width will
make maneuvering into and out of the garage very
difficult. We recommend that the driveway be at least 22
feet wide in front of garages (the standard 24 feet would
be preferable).

b.

The plan shows the driveway for Parcel B extending to a
maximum of 3 feet onto Parcel A. At the least, the plan
should indicate an easement for access and maintenance
within that area. However, we recommend instead that the
driveway be placed entirely on Parcel B. This can be
accomplished by reducing the width of the proposed
dwelling units on Parcel B and by reducing the width of
Parcel A. Such a redesign should also allow for adequate
separation of the proposed parking on Parcel A from the
building on that parcel and from the driveway on Parcel
B; we recommend a minimum 5-foot-wide planting strip
between the parking on Parcel A and the driveway for
Parcel B.

c.

Access to the easternmost garage will be very difficult,
requiring a U-turn within a narrow area for both entering
and leaving the garage. We recommend that the garage be
relocated to provide more convenient access.

Parking.
a.

The plan proposes two spaces per dwelling unit for the
three-family building proposed from Parcel B. However,
Section 62-14.E requires multifamily buildings to have
one parking space per unit plus 1/2 parking space per
bedroom.
The plan does not indicate the number of
bedrooms for the three proposed dwelling units. That
information should be provided, and the plan revised
accordingly.
2

�b.

Section 62-14.D(3) requires parking areas with more than
3 spaces to have shielded lighting and a screening of
fences or plantings. The plans should be revised to show
adequate lighting for the parking area on Parcel B
(including information showing that the light will be
shielded from adjacent properties) and a detailed plan of
proposed plantings and fences to ensure that the parking
area is adequately screened.
We recommend that that
screening include plantings along the common property
line between parcels A and B.
(The Planning Board may also wish a fence or plantings
along the southern property line of Parcel B to buffer
the proposed residences from the adjacent machine shop.)

c.

The plan proposes two parking spaces for the two-family
dwelling on Parcel A. Although this meets the minimum
requirement of the Zoning Ordinance, we note that each of
the two proposed dwelling units in the existing structure
will have two bedrooms. The Planning Board may wish the
applicant to revise the plan to provide two more parking
spaces.

Open space. Section 62-8.D of the Zoning Ordinance requires
multiple dwellings to have 100 square feet of usable open
space per dwelling unit. The plan proposes a front lawn of
approximately 325 square feet and a rear "seeded area" of 200
square feet. The Planning Board should be satisfied that
these areas represent the usable open space required by the
Zoning Ordinance. We note that the front usable area, which
is divided by the proposed sidewalk, could be enlarged to a
single area by relocating the sidewalk to the southern edge of
the proposed driveway (and, of course, relocating the second
story entrance to the westernmost dwelling unit).
Facade of proposed building. The applicant has provided an
elevation of the northern facade of the proposed building for
Parcel B. The Planning Board may wish elevations of the other
three facades of the building. At a minimum, we recommend an
elevation for the Clinton Street facade of the building be
submitted for the Planning Board's review.
Existing retaining wall.
A retaining wall in very poor
condition stands along a portion of the southern property line
of Parcel A and the rear property line of Parcel B.
We
recommend that the Planning Board seek the advice of its
engineer regarding the stability of that existing structure.
If necessary, the repair or replacement of that wall should be
a condition of site plan approval.
Plan information. In addition to the incorrect citation of
required parking for multifamily dwellings noted in Item 2

�above, the "Zoning Analysis" on the site plan should be
corrected to indicate that the minimum lot area for the twofamily dwelling on Parcel A is 4,000 square feet. The table
should also include the minimum lot width—40 feet for twofamily dwellings and 50 feet for multifamily dwellings.
In addition, the plan should be revised to include a current
survey; a lighting plan; a landscaping construction details
plan; and construction details for fences, pavement, and
stormwater facilities.
The plan should also include
topographic data to ensure proper drainage of the parking
spaces on Parcel A. Finally, the plan appears to propose
curbing for the parking areas on both parcels; the plan should
note that curbing is proposed and provide elevations and a
detail, if in fact curbing is proposed.

David P. Fuller
500\noto\002.dpfrev

4

�MEMORANDUM
To:

Village of North Tarrytown Planning Board

From:

Frederick P. Clark Associates

Date:

February 13, 1990

Subject:

Oliveira and Gasparovic Subdivision

As requested, we have reviewed the application for subdivision
approval consisting of one sheet of plans entitled, "Subdivision
Map Prepared for Duarte F. and Elizabeth T. Oliveira and Mary
Gasparovic in the Village of North Tarrytown", dated June 23, 1989,
prepared by Ward Carpenter Engineers. The subject parcels of land
are located in the R-4 (1 and 2 family residence) Zoning District.
It is not clear from the submitted plans what the Applicants are
proposing other than a subdivision of one lot with frontage on both
Dell Street and Gordon Avenue. It appears that since there are two
separate lots involved there must be a land transfer between the
two lots being proposed. However, without a clear indication of
the existing property lines and identification of new property
lines and areas to be transferred, there is no way to decipher what
the Applicants are proposing.
REVIEW COMMENTS
1.

Location Map.
The plans should be revised to include a
location map at a scale no greater than 1" » 400' , which would
include the existing property lines of the subject properties,
adjacent properties and the zoning boundaries.

2.

Property Lines. The Applicants should be required to show the
existing and proposed lot lines and lot ownership.
The
existing plan does not even indicate which lots are owned by
the Oliveiras or the Gasparovics.

3.

Joint Subdivision. Due to the lack of detail, it is not clear
what the Applicants are proposing. However, if there are no
land transfers between the two properties, there should be two
separate subdivision applications and fees. If there is a
land transfer between the two properties the subject parcels
should be clearly identified, their area(s) clearly indicated
and notes specifying from whom and to whom the areas are being
transferred.

4.

Roads.
The Applicants should be required to show the
right-of-ways and edges of pavement (both sides) for both Dell
Street and Gordon Avenue.

5.

Topography.
The Applicants should be required to show a
topographic map with two foot contour intervals prepared by a

�licensed surveyor. It should be noted that the steep contours
and the existing surrounding development may preclude any
reasonable development of these lots.
Zoning Bulk Compliance Schedule. All applicable standards
with regard to the R-4 Zoning District and all proposed
dimensions should be indicated in and a Zoning Bulk Compliance
Schedule.
Separate Lot. The Applicants apparently own a parcel of land
on the opposite side of Dell Street from the existing
residence which they wish to include as part of the minimum
lot area for the lot. Because this lot is not contiguous, we
have serious reservations whether it could be counted towards
the minimum lot area, and recommend thorough legal review of
this proposal. The Applicants should be required to explain
how the lot indicated on the plan as 1A was created, if it was
ever contiguous with Parcel IB, and whether Dell Street is
located in an easement or a formal right-of-way.
Garage and Grape Arbor.
The Applicants have proposed a
property line which would bisect an existing grape arbor and
stucco garage. The grape arbor could easily be removed. The
stucco garage is built into the hillside so that the existing
roof line is roughly equal to the existing grade of the
hillside at the southern end of the garage. The garage would
have to be removed and would require a significant effort of
the part of the Applicants.
Frontage.
Proposed Lot 3 only has 13.72 feet of frontage
along Gordon Avenue. Normally, the Applicants are recommended
to provide at least the minimum lot width (in this case 40
feet) for the minimum lot frontage. However, reductions are
often allowed for lots fronting on streets with small radius
curves. However, we do not recommend the creation of any lot
with less than 25 feet of frontage along a public road.
Lot width. The minimum lot width in the R-4 District is 40
feet. Proposed Lot 3 does not comply, as almost two thirds of
the lot is 30 feet wide or less.
Buildable Area.
We seriously question the viability of
proposed Lot 3 with regard to any suitable buildable area.
The lot is extremely long and extremely narrow and consists of
several parallel concrete retaining walls and pathways which
traverse the steep slopes between two rows of homes on either
side. Construction in this area would be extremely difficult
and any new structure in this area would seriously affect the
value of the neighboring residences.
Drainage. if the Applicants wish to pursue this application
they should be prepared to conduct a drainage analysis for the
proposed development of these properties and their impacts
upon the adjacent residences.

�•

13.

Residence Type. The Applicants should be required to indicate
whether the existing hones on the subject properties are
occupied by one or more families.

14.

Rear Yard Setback.
It appears that the proposed lot line
between Lots IB and proposed Lot 2 would not meet the required
rear yard setback of 25 feet from the existing structure on
proposed Lot IB.

15.

Proposed Site. If the Applicants should decide to proceed
with this application, they should be required to indicate the
proposed house locations, driveways, utility connections,
drainage and grading plans, driveway profiles, etc...

CONCLUSION
In general, this is one of the most unrealistic subdivision
proposals we have ever reviewed for the Village. It appears that
the Applicants are attempting to create buildable lots out of land
that is just not available. It appears that the application only
achieves the creation of two dimensional areas meeting the minimum
square footage requirement for lot area. Upon review of these
plans and inspection of the site, we do not see any feasible means
of additional residential development on the subject properties,
and would not recommend the Applicants pursue this application.
However, if they do wish to proceed, the Village should not
schedule any further reviews of this application until all of the
comments of this memo have been addressed and all requested
information has been submitted.
Daniel K. Wery
Associate Planner
500not0-001.dkw:rr

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