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                  <text>A regular meeting of the Planning Board was held on Thursday,
April 19, 1990 at 8:00 PM in Village Hall, North Tarrytown, New
York.
Present:

Ellen Tsangaris, Chairperson
James Galgano
Roman Windas
Steve Badgerian
Alan Kaplan
Richard Ayers

Also Present:

John J. Hughes, Village Attorney
James Margotta, Building Inspector
Daniel Wery, Engineer, Clarke Associates
Joseph A. Gulino, Manganaro Consulting Engineers
Francesca Lorenz, Recording Secretary

Meeting was called to order at 8:15PM.
A motion to approve the March 15 , 1990 Minutes was made by James
Galgano and seconded by Ray Windas. Motion pass unanimously.
IN THE MATTER OF TORNELLO GAS STATION. NO. BROADWAY. NEW YORK
This was a continuation of a preliminary hearing.
Mr. Tornello appeared before the Board and stated all variances
were approved by the Zoning Board.
He plans to renovate the
present station by adding canopies over the gasoline pumps and
updating the pumps to meet NYS standards and will be adding a
three sided sign.
He will also provide shrubs and evergreen
trees to match the size of the trees planted by the Horseman Restaurant on Hudson Terrace.
Ray Windas made a motion to call for a Public Hearing for site
plan approval with drawings to be held May 17th, 1990.
Mr.
Kaplan seconded motion, motion passed unanimously.
IN THE MATTER OF THE IMMACULATE CONCEPTION CHURCH.
STREET. NORTH TARRYTOWN. N.Y.

DEPEYSTER

Mr. John Nolan, of Nolan Associates appeared before the Board and
stated that the Zoning Board had approved all required variances.
He also stated that because of the long process of getting approvals from the Village of North Tarrytown, they were having
difficulty with financing the project.
Mr. Windas noted that although the Zoning Board may have approved
variances, he was not sure the the drainage problems were adequately addressed. At the point, Mr. Guliano of the MANCE Engineers stated that a "perculator" test should be performed
before the issuance of a Certificate of Occupancy.

9

�A Draft of the Resolution granting Site Plan Approval was read
aloud by the Village Attorney and some changes were made. A
final draft of the resolution of site plan approval will be completed by Frederick P. Clarke Associates.
(A copy of the new resolution is attached for review).
Mr. Alan Kaplan made a motion to approve the resolution for site
plan approval with changes, seconded by Mr. Ray Windas. Motion
passed unanimously.
A resident, Mrs. Washburn, asked if the bat problem would be
resolved before construction work was started. Mr. Windas assured her that the problem would be addressed.
Meeting adjourned 9:35 PM
Respectfully submi/tted,
Trancesca Lorenz
&amp;
Recording Secretary

fl
enc.

10

�Frederick P. Clark Associates. Consultants
Planning, Devetopment/Environmenl/Transportation
Rye. New York and Southport. Connecticut

Frederick P Clark (7909-1968)
David J Ponman. AK:P
Frederick E Wiedle. MCP
Howard I Reynolds. P£

350 Theodore Fremd Avenue
Rye. New York 10580
(914)967-6540
FAX (914)967-6615

April 20, 1990

Mr. John Hughes, Jr.
Village Attorney
Village Hall
North Tarrytown, New York 10591
Dear John:
Please find enclosed the final draft of the resolution of site plan
approval revised as adopted by the Planning Board at the April 19,
1990 meeting.
Sincerely,

Daniel K. Wery
Associate Planner

S00\not0-004.dkw:rr

�RESOLUTION
Adopted at the April 19, 1990 Meeting of the
Village of North Tarrytown Planning Board
RESOLUTION:

SITE PLAN/BUILDING CONVERSION AND REDEVELOPMENT
PROPOSED: 6 UNITS OF APARTMENTS
OWNER:
IMMACULATE CONCEPTION CHURCH
LOCATION: DEPEYSTER STREET
TAX DESIGNATION: SECTION
, BLOCK 15, LOT 3
ZONING:
R-5 RESIDENTIAL

WHEREAS, the Planning Board of the Village of North Tarrytown
has reviewed an application for site plan approval pursuant to
Zoning Ordinance Article VIII for the redevelopment of an existing
building located on the south side of Depeyster Street, which
building is to be converted from an unused church building to six
residential units, including related off-street parking, buffer
landscaping, storm drainage and other supporting utilities and
facilities, on a site approximately 11,527 square feet in size, as
shown on one sheets of drawings prepared in the offices of Duo
Dickenson Architect, and identified as follows:
1.

"Proposed Redevelopment of the Immaculate Church Building",
last revised 4/12/90; and

WHEREAS, in the course of its review and acting as Lead Agency
pursuant to provisions of Article VIII of the Environmental
Conservation Law, the Planning Board has made the following
findings and caused, noted or conducted to the following
activities:
1.

Received an application fee of $370;

2.

Caused field inspections to be made of the property and the
review of the surrounding area;

3.

Conducted or caused field inspections to be made of the site
so as to ascertain field conditions and determine that:

4.

3.1

The site contains an existing nonconforming building with
regard to front and side yard setbacks;

3.2

The site is essentially flat and contains a large black
oak tree with an approximately diameter breast height of
50 inches;

3.3

The existing large black oak tree is a specimen tree in
the Village of North Tarrytown worthy of protection.

Requested and received reports from Village authorities and/or
the Applicant on such matters as tree preservation techniques.

�water, sewage disposal, storm drainage, fire safety, traffic
impact and access safety.
5.

Referred the development proposal to the Westchester County
Department of Planning pursuant to Sections 239 L, M, and N of
the General Municipal Law.

6.

Acting as Lead Agency, requested, received and reviewed an
Environmental Assessment Form (EAF) in compliance with SEQR.

7.

As Lead Agency for site plan in the Village of North
Tarrytown, the Planning Board, after review of said field
conditions, recommendations and environmental assessment form
as well as other matters noted above, has determined that the
proposed action is an Unlisted Type and hereby issues a
"Negative Declaration" determination of nonsignificance and
environmental impact for this Unlisted Action; and

WHEREAS, the site plan proposes the creation of a parking area
for ten new parking spaces, the removal of an existing detached
garage, several new entrances to the existing building, a proposed
drainage system for the site and the protection of the large black
oak tree; and
WHEREAS, the Applicants received variances from the ZBA on
August 16, 1989 because the existing building does not comply with
the front, rear and side yard setbacks;
WHEREAS, the site has been visited by the Village's Planning
Consultants and Engineering Consultants and the Planning Board is
thoroughly familiar with the site and all aspects of the proposed
project; and
WHEREAS, in a letter dated August 17, 1989 from John R. Nolan
to the Planning Board, special provisions the preservation and
protection of the specimen tree on-site were outlined; and
WHEREAS, a duly advertised public hearing was held at the
Village Hall on 8:15 PM on September 21, 1989 at which time those
wishing to be heard were given the opportunity to be heard and the
public hearing was adjourned on that date; and
WHEREAS, the Planning Board has requested, received and
considered comments from the Village Planning Consultants, the
Village Engineering Consultants, Building Inspector and concerned
neighbors about the proposed project; and
WHEREAS, the Applicants have revised the proposed plans
numerous times to comply with the comments which have been made
about the project; and

2

1

�WHEREAS, in the opinion of the Planning Board, the Applicant
has complied with the Village's development regulations except as
maybe noted below;
NOW, THEREFORE BE IT RESOLVED, that said site plan application
and site plan drawings noted above be and hereby are granted 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.

Use - The site plan is approved for a maximum of six units of
housing as shown on the site plan. Accessory uses shall be
those permitted in the Zoning District within which the
property is located.

2.

Utilities - Storm drainage, water supply and sewage disposal
shall be approved by the Planning Board or its design
engineering representative of the Planning Board:
2.1

Stormwater runoff shall comply with the Planning Board's
policy of "zero" increase in rate of runoff.

2.2

The Applicant shall submit a written report, with backup
calculations indicating his intentions to provide
adequate fire flow, water supply and pressure for the
site.

2.3

The Applicants shall designate
basins as approved.

2.4

All utilities, including conditions noted above, shall be
reviewed and approved by the Planning Board or its
designated Engineering Consultant.

its stormwater

catch

3.

Landscaping - All landscaping shown on the site plan shall be
maintained in a healthy growing conditions and as otherwise
specified on the site plan so as to maintain the certificate
of occupancy.

4.

Exterior Lighting - All exterior light structures shall be
screened so as to prevent glare upon adjacent properties.

3

�All driveways and parking
reinforced concrete curbs.

areas

shall

be

contained

by

Review Fees - The Applicants shall pay to the Village of North
Tarrytown:
6.1

An inspection fee for construction inspection of the
proposed site plan to include buildings, drainage system,
sewage, landscaping, lighting and other site plan
elements for compliance with the approved site plan in
accordance with the Village of North Tarrytown Zoning
Code.

6.2

A recreation fee of $1,000 per dwelling unit, or $6,000,
for the acquisition or maintenance of recreational
facilities in the vicinity of the project and available
for use by occupants of the housing facility.

The site plan should be submitted for the review and approval
by the Westchester County Health Department, if required. The
plan should be revised to specify whether the existing sewer
connection is to a Village lateral or a County trunk line.
The Applicants shall demonstrate to the satisfaction of the
Village Engineer and Building Inspector that the existing
connections are adequate to accommodate the six residential
units or are satisfactorily improved to effect same.
Drainage for the proposed parking lot shall be prepared to the
satisfaction of the Village Engineer. The site plan shall
indicate the connection of the drain in the proposed entry
court to the larger drainage system for the parking lot.
Prior to issuance of a building permit, the Applicant shall
receive approval from the Village Architectural Review Board.
The date of this resolution shall be noted on the site plan.
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.
All elements of this approved site plan shall be completed to
the satisfaction of the Village Building Inspector within a
period of 18 months from the date of the issuance of building
permit or 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.
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 but before

4

�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, landscaping, signs,
drainage, access, paving and other site plan details, N as
built" drawings of sane, which do not comply with the approved
plan and other site plan details in the interest of safety,
convenience and enjoyment and peace and quite of adjacent
neighbors and aesthetics. The Applicants shall maintain all
elements of the approved site plan, including landscaping in
a neat and healthy condition so as to attain and approve a
certificate of occupancy.
Prior to obtaining a building
permit, four (4) copies of this final site plan as revised to
meet the above conditions, shall be submitted to the Planning
Board office for final approval. This final site plan review
shall be accomplished by the Village Engineering Department or
Consultant and shall incorporate all applicable conditions of
this resolution and the construction standards of the Village
of North Tarrytown as they say be appropriate.
14.

Prior to the issuance of a certificate of occupancy, the
Applicants shall submit the Village Building Inspector a mylar
reproduction of the site plan complete with a certification of
a professional Architect and/or a professional Engineer
attesting to the construction of the site plan and its
improvements as shown thereon.

PLANNING BOARD
VILLAGE OF NORTH TARRYTOWN

By^^^^\1^UU^Chairman

(j

Date /l/lfa H

&lt;^_)

|

500\not0-00S.dku:rr
4/20/90

5

\fiO

�Approved
and form
Approved with
with respect
Respect to
to substance
J
Village Attorney *
Dated
i-rAtUpn^WO

Approved by the Planning Board of Appeals
Chairman or Acting Chairn(aji
Dated

F i l e d with Deputy Clerk
] l e r k OK Deputy Clerk
Clerk

Dated:

sJjl,N0

Date o f Meeting

MARCH 15, 1990

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