https://sleepyhollow.localarchives.org/files/original/fccb08bd0d7bf949219fe48bd34f989c.pdf 6f533a04d9f9fea8ff8f35fdf3318bae PDF Text Text NORTH TARRYTOWN,N.Y. JANUARY 18, 1990 REGULAR MEETING A Regular Meeting of the Planning Board of the Village of North Tarrytown was held on the above date. PRESENT: James Galgano, Chairman Ellen Tsangaris John O'Leary Richard Ayers Alan Kaplan Roman Windas Frank Rey ALSO PRESENT: John Hughes, Jr., Village Attorney Chairman Galgano called the meeting to order at 8 P.M. IMMACULATE CONCEPTION PROJECT - Discussion postponed. ESTATE OF JOSEPH GAULIN SUB-DIVISION - 199 Webber Avenue Chairman Galgano stated that a preliminary hearing on the above topic was required to discuss the sub-division creating an additional building lot. After a discussion a Public Hearing for Sub-Division was set for February 15th, 1990 on premises known and designated on Village Tax Assessment Maps as Section 17, Block 3, Lot 14. Chairman Galgano stated that the applicant should submit topo and all pertinent information prior to the Public Hearing. AMENTA PROJECT - PROFESSIONAL OFFICE BUILDING - Northeast Corner of Broadway (Route 9) and Chestnut Street. Mr. Wiedle presented a Final Resolution for Final Site Plan/Sub-Division Approval for the Board's approval. Mr. Gulino representing Charles Manganaro, Consulting Engineers submitted memo regarding the above project. (Copy in Official Minutes). After a discussion Mr. Rey moved, seconded by Mr. Windas that Final Site Plan be approved after review by Village Attorney. Carried. (Resolution in Official Minutes.) �-2WAYNE JEFFERS, (UNCLE JERRY'S RESTAURANT) - 410 North Broadway Mr. Wiedle presented a Pinal Site Plan Resolution for the above project. (Copy in Official Minutes). Mr. Donal Walsh representing Uncle Jerry and Mr. Jeffers stated they were not asking for a "Canopy" at the present time and the item should not be in the Final Site Plan Resolution and thought that the sidewalk on Old Broadway would not have to be installed, as previously agreed upon. Mr. Walsh stated that if in the future they wanted a "Canopy" they would request it. Mayor Gandolfo stated the Village Board was in favor of the installation of sidewalks on Old Broadway in front of the planned restaurant. They felt it would spruce up the corner and would make it safer for pedestrians. Mr. Gulino submitted a memo regarding installation of oil/water separators in the storm drainage system. Mr. Walsh stated they would comply with all requests in the resolution. After a discussion Mr. Rey moved, seconded by Mr. Windas that a sidewalk be installed on Old Broadway. Chairman Galgano polled the Board as follows: Mr. Kaplan - Yes Mr! 0'Leary - Yes Ms. Tsangaris - Yes Mr. Ayers - Yes Mr. Windas - Yes "CARRIED." Mr. Rey - Yes Mr. Walsh stated that Paragraph 4 on Page 8 and Paragraph 6.2 on Page 9 should be stricken from the final resolution. After a discussion Mr. Windas moved, seconded by Mr. Rey that Counsel Hughes be authorized to finalize Site Plan Resolution incorporating all items discussed. Carried. Mr. Walsh informed the Board that he would be coming before the Board for approval of plans for "Domino's Pizza" to be opened in the building owned by Luberger's on Valley Street. Mr. Walsh reported that Mr. Jeffers and Uncle Jerry would apply for a Building Permit as soon as approval of the Site Plan was received from the Architectural Review Board. �-3Chairman Galgano stated that Board members had received copies of the October, 1989 and December, 1989 minutes and they would be approved at the February meeting. HALPERN PROJECT- Discussion postponed. There being no further business to come before the Board Mr. O'Leary moved, seconded by Mr. Rey that the same be duly adjourned. Respectfully submitted, Irene Amato/ Acting Clerk �R E S O L U T I O N PLANNING BOARD VILLAGE OF NORTH TARRYTOWN RESOLUTION: SITE PLAN APPROVAL PROPOSED USE: PLANNED COMMERCIAL DEVELOPMENT GROUP; EXISTING GAS STATION IMPROVEMENT WITH RESTAURANT ADDITION; OWNER: MR. WAYNE JEFFERS LOCATION: SOUTHEAST CORNER OF OLD BROADWAY AND GORDON AVENUE; ADDRESS: 410 NORTH BROADWAY TAX MAP DESIGNATION: SECTION 17, BLOCK 21, LOTS 1-9 AND 109-112 ZONING: C-l, HIGHWAY COMMERCIAL WHEREAS, the Planning Board of the Village of North Tarrytown has reviewed an application for site plan approval (the Application) pursuant to Zoning Ordinance Article VIII, Site Plan Review, Article VI, Section 62-19, Gasoline Service Station and other requirements of the Village Zoning Ordinance considered pertinent to the Application, which Application is to construct a Planned Commercial Development Group, subject to the development standards in the C-l Zoning District, including but not limited to: Parking and Loading standards (Section 62-14E), Performance standards (Section 62-16) and Site Plan Review standards (Section 62-29); and WHEREAS, the site plan proposes the alteration, extension and rehabilitation of an existing non-conforming gas station, the conversion of currently unused automotive service bays and the construction of an addition to said service bays so as to house a proposed restaurant/delicatessen on the site supported by such accessory and supplemental uses as parking, off street loading, pedestrian facilities, utilities, signs, lighting, landscaping, drainage and other supportive facilities and uses; and WHEREAS, the Application is supported by a site plan consisting of three sheets of drawings prepared by Badaly and Badaly Architects, 559 Gramatan Avenue, Mount Vernon, New York 10552, more specifically identified as project #8922 and as follows: 1. Sheet A-l BIS, "Site Plan, Addition and Alterations to: 410 N. Broadway, North Tarrytown, New York1*, dated last revised 12/4/89; 2. Drawing A-l, "Site Plan, Site Details'0, scale: As noted, dated last revised 12/4/89; and >$, v?V. •* �3. Drawing A-l TER, "Misceallanous (SIC) Notes and Details11, scale: As noted, dated last revised 12/4/89; and WHEREAS, the Application is further supported by a letter dated 11/29/89 from Donal Walsh, Esq., agent for the Applicant, addressed to F. E. Wiedle, Village Planning Consultant, which letter contains ten (10) attachments relative to the subject Application as follows: * Copy of EAF filed June 89 for site plan; * Copy of building permit application and denial; * Copy of ZBA hearing notice; * Copy of Zoning Board minutes; * Original receipt for site planning fees; * Correspondence from Village Engineer; * Copy of review memo by Frederick P. Clark Associates, dated 9/21/89; * Response to above review memo by Donal Walsh, Esq., dated 10/16/89; * Copy of letter to Planning Board Chairman James Galgano, dated 10/16/89, with attachments, and * Letter dated 11/27/89 from W. T. Jeffers, Applicant, to Donal Walsh, Esq., responding to Planning Board requests, which letter and attachment responds to numerous questions raised by the Planning Board during the course of this review, and WHEREAS, in the course of its review and acting as Lead Agency in site plan review, pursuant to provisions of Article 8 of the New York State Environmental Conservation Law (SEQR), the Planning Board has made the following findings and caused, noted or conducted the following activities: 1. In addition to the above, the proposal involves the removal of an existing gas fuel tank, the relocation of existing gas pumps, the relining and modernization of the remaining gas tanks and pumping system. 2. While the Master Plan (Census Tract 116) of the Village of North Tarrytown, dated April 1980, makes no specific recommendations for xong range land use of the subject property (and in fact, to the knowledge of the Planning Board, said Master Plan was not officially adopted by the then Planning Board), the subject property is nonetheless zoned so 2 �as to permit the uses proposed, albeit subject to the standards and provisions of the Zoning Ordinance as noted above. It should be noted, however, that although the Master Plan focuses on Census Tract 116 (which does not include the subject property) Figure 5 therein, the recommended Generalized Land Use Plan, recommends the subject property in the "medium" to "low" density residential land use category; It is also significant to note that the Master Plan (Page 19) places heavy emphasis upon the importance of street beautification and improvement for pedestrian safety, comfort and general "usability" in all Village commercial areas. (Also see Figures 10, 11 and 12, and Page 20 of the Master Plan); Paramount among the Purposes for zoning control as listed in Section 62-2 of the Zoning Ordinance, is to: "A. Promote orderly development. To protect the character and maintain the stability of residential, business and industrial areas within the Village and promote the orderly and beneficial development of such areas."; The Planning Board is well aware of a recent and growing concern for and interest in the upgrading and improvement of the Village commercial areas, and that the Village administration has, in recent months, spent considerable financial resources for studying and upgrading the physical appearance and usability of the Village's commercial areas in the interest of the health and welfare of its citizenry. These studies have concentrated on (among other things) the methods and opportunities for discouraging further expansion and development of automotive related uses along the Broadway/Route 9 corridor, for eliminating or phasing out such automotive and automotive related uses and for generally revitalizing the Route 9 corridor with commercial, retail and office uses of a nature and character as to be more compatible with the surrounding residential areas, with the various public and semi-public uses and historic landmarks in proximity thereto, and, in general, to be more "pedestrian oriented" in nature; The site of the proposed project lies abutting the south side of and at the base of Gordon Avenue, which street provides the only westerly access to a substantial and well maintained residential neighborhood to the east. Gordon Avenue provides direct access to North Broadway (Route 9) at what may be the most historic portion of the Village - e.g., the Historical Society of the Tarrytow^s Inc., the Old Dutch Church and Burying Ground and the Sleepy Hollow Cemetery. Because of this unique relationship of the site to its surrounding 3 �residential and historic area, its redevelopment could have a profound effect and must be planned in careful detail so as to compliment its residential and historical surroundings; The subject property is the first commercial property one encounters while traveling southbound on Route 9 into the North Tarrytown central business district and as such helps to establish the image and character of the central business district; The existing service station and proposal for redevelopment of the site appears not to be in accordance with the requirements of the following sections of the Zoning Code: a. Section 62-19A - The existing filling station is located within 300 feet of a church, the Sleepy Hollow Cemetery, Kingsland Point Park, the Historic Philipsburg Manor, the Sleepy Hollow Restoration and another gas station; b. Section 62-19B(2) - The fuel tanks are located within 25 feet from the street line and within 15 feet of the side lot line; c. Section 62-l9Bf3) - The fuel pumps are now and are proposed to be relocated within 15 feet of the street line; d. Section 62-19C - Surface drainage contaminated by petroleum products is allowed to flow directly from the site into two existing catch basins and directly into the Pocantico River, less than 150 feet away; e. Section 62-19D - The Applicants have not shown the arrangement of site drainage and flow patterns, nor have they shown the relationship to public or quasi-public uses; f. Section 62-8B - The proposed restaurant use is not specifically listed as a permitted use within the C-l District; g. Section 62-22A - The exit and entrance driveways are now and are proposed to be more than 25 feet wide along the streetline on both Old Broadway and Gordon Avenue; h. Section 62-22B - The entrance and exit driveway to the proposed restaurant parking is less than 15 feet from the side lot line on Old Broadway; i. Section 62-22C - The entrance and exit driveways to the gas service station are located less than 25 feet from 4 �the corner of the intersecting streets of Gordon Avenue and Old Broadway. With respect to the foregoing numbered finding, the Application has received area variances from the Zoning Board of Appeals for items a through f as listed above, but has not received variances for items g through i, and it is the opinion of the Village Attorney that the site plan can be approved by the Planning Board with conditions which adjust or modify items g through i or, in the alternative, if the Applicant revises the site plan so as to comply with the requirements of items g through i; Among the following: requirements for site plan approval are the a. Section 62-30D - No site plan shall be approved by the Planning Board until same has been reviewed and approved by the Village Engineer with respect to the adequacy of proposed facilities for sewerage and for the drainage of stormwater; b. Section 62-30F - No site plan shall be considered for review by the Planning Board until the Applicant for such site plan review submits along with the site plan the required fees for such review, which shall include a site plan fee, a parking space fee and, if said application is referred to designated Village consultants, the consultant's review fee; in addition, SEQR review fees may be required; At the Planning Board's request, the Applicant has engaged a professional engineer who has inspected the rock outcroppings above and immediately to the north and south of the subject building and proposed construction, for structural integrity, and said engineer has recommended both immediate and long term procedures to ensure the safety of patrons and other users of the site, including the removal of portions of the rock as noted in an Inspection and Engineer Report dated November 10, 1989, which report includes, at the request of the Planning Board, certain certifications by Professional Engineer Michael Sterlacci, and dated November 30, 1989; Requested and received a short Environmental Assessment Form (EAF), dated 6/28/89 (2 pages); Caused field inspections to be made of the of the subject property and surrounding areas and received recommendations including, most recently, the Village Police Chief who, by a letter dated 12/6/89 addressed to the Planning Board Chairman James Galgano, concluded: 1. No sidewalk need be installed along Old Broadway. 5 �2. No sidewalk need be installed along Gordon Avenue from the easternmost curb cut to the property border. 3. There would be no public safety detriment if sidewalks are required for aesthetic purposes. 4. A wider curb cut on the Gordon Avenue side (in the 40 foot + length) should be permitted (on that side only) and is needed due to the size of delivery trucks which will generally enter both "straight in" on Gordon Avenue and will permit easier traffic flow from the pumps to the street. 5. In addition to recommending not requiring sidewalks and the larger curb cut, two additional site plan concerns of the Chief are: a. The corner of Old Broadway and Gordon Avenue should be "built up" so that "...the corner will not be •cut1 by motor traffic and the property border will be clearly delineated"; and b. "The Planning Board should recommend to the Board of Trustees that the corner of Gordon at Old Broadway should have a 'no right on red1 sign facing traffic heading west on Gordon, as this will solve the tendency of drivers to attempt forced mergers into rapidly moving Route 9 traffic northbound. Received a letter, dated December 14, 1989 from the Village Administrator, on behalf of himself and the Village General Foreman, strongly disagreeing with the opinion of the Village Police chief as to the value of sidewalks in relation to the subject development, which letter states in summary: 1. Sidewalks are important and are recommended for safety, convenience and aesthetic purposes, to wit: Sidewalks clearly separate pedestrian walking areas from vehicle maneuvering areas, thus offering a modicum of safety; sidewalks and concrete curbing are particularly helpful adjacent to restaurants where pedestrains walk to and from their parked vehicles; the Gordon Avenue sidewalk may ultimately be extended from Holland Avenue along Gordon. Noted that the Applicant and his agents have been responsive and cooperative throughout the Planning Board's review of this project, amending the site plan and augmenting its details as requested during the review process; and 6 �WHEREAS, on the basis of the above findings and activities and acting as Lead Agency in this site plan review action pursuant to SEQR, the Planning Board hereby declares the site plan review to be an Unlisted Action, has taken a "hard look" at the impact of the project upon the Village and hereby issues a Negative Declaration, conditioned upon compliance with the following conditions; 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 his designated agent, as authorized by the Planning Board, on a copy of this resolution and upon the site plan drawings, as and when revised as necessary to show compliance with the following conditions, which endorsement shall permit filing in the Office 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 one (1) year after the date of this resolution if the following modifications and conditions have not been completed to the satisfaction of the Planning Board and the Applicant has not obtained the required building permit or permits for construction in accordance with the approved plan(s): 1. Location: Show the location of both sides of the Pocantico River (including the bridge) and of Old Broadway where both are adjacent to the subject site, including the existing sidewalks on the bridge and on the west side of Old Broadway. 2. Unstable Rock: Revise the site plan(s), by appropriate notes thereon or revised drawings or illustrations or written statements as follows: 2.1 3. The identified weakened unstable rock, as identified in the professional engineer's report noted above, shall be removed prior to the issuance of a Certificate of Occupancy. Off Street Parking and Loading: 3.1 On-site occupancy shall be limited to 32 seats (as noted on the site plan) and off-street parking spaces shown and noted as #1 through #7 shall be devoted thereto. Off street parking spaces noted as #8 through #13 shall be devoted and/or designated for employees and customers of the gas station and restaurant. Parking spaces shall be a minimum of 9 feet wide by 20 feet in depth, except for parking space #1, which shall meet "handicapped" width requirements. 7 �3.2 Upon consultation with the Village Attorney, the access to parking spaces #1 through #10 is hereby approved, subject to other conditions of this resolution, and the requirements of Zoning Ordinance Section 62-14,C are hereby waived to that shown on the subject site plan due to the exceptional topographic conditions of the site as noted above and due to other extraordinary and exceptional conditions pertaining thereto. 3.3 The Zoning Ordinance requirments of Sections 62-22A, B, and C as noted in Subsections 8(g) (h)(i) of this resolution are hereby waived and modified to the extent shown on the site plan as approved and modified by the herein conditions due to the unique physical conditions of the site and in consideration of the overall benefit which the site improvement will have upon the neighborhood and the Village. 3.4 The entire vehicle parking, loading and circulation area shall be resurfaced with asphaltic material and all parking and loading spaces shall be striped or marked off at dimensions noted in the Zoning Ordinance (See Zoning Section 62-14D(4)). 3.5 All parking areas shall be contained with poured-in-place reinforced curbing at construction specifications approved by the Village Engineer. The proposed concrete curbing required by Zoning Section 62-22C shall be extended approximately 10 feet easterly along the edge of pavement of Gordon Avenue, so as to comply with the required minimum of 25 feet from the street intersection. The curbs shall be augmented so as to create a fully curbed 3 foot wide (inside dimension) planter along its entire length. So as not to impede sight distance, the proposed pear tree shall be relocated on the site and the planter shall be planted with a low growing, drought tolerant shrub such as juniper and maintained in a healthy growing condition at a height no greater than 3 feet above adjacent ground level, and the landscape plan element shall be revised to reflect the above. In addition, the proposed curb at the southerly end of the site adjacent to parking space #10 shall be extended approximately 17 feet in an easterly direction, thence approximately 17 feet in a northerly direction along the easterly edge of parking spaces #9 and 10 until such curbing merges with the exposed rock face in that area, so as to control erosion and siltation. Utilities: The site plan has been amended to show utility lines as requested by the Planning Board. Storm drainage, water supply and sewage disposal facilities shall be approved 8 �in writing on the site plan by the Village Engineer, including but not limited to the following: 5. 4.1 Stormwater runoff provisions shall comply with Village policy of "0" increase in rate of runoff. 4.2 The Applicant shall submit a written report, with backup calculations to the satisfaction of the Village Engineer, indicating the intention to provide adequate fire flow, water supply and water pressure for the site development. (Zoning Section 62-30D). 4.3 All recommendations submitted in writing by the Village Engineer in letters dated 12/13/89, and those letters submitted previously by the Village Engineer pertaining to this site plan shall be complied with, including but not limited to the provision of oil separators at appropriate locations in the storm drainage system. frindscapinq. the Open Space and Buffers. Sidewalks. Signs and lighting; 5.1 That portion of the site lying east of the major rock cliff base, as noted on the site plan, shall be labeled and maintained as "permanent open space". This permanent open space shall be cleaned and maintained free of trash, refuse, junk, garbage, loose rock and rock formations considered in the opinion of a professional engineer to be unstable either now or in the future, dead or dying trees shall be removed, all as recommended, but not limited to the Inspection and Engineering Report and professional engineer's certification, dated November 10, 1989 and prepared by the Environmental Consulting Group, Inc. and signed by Edward A. Walsh and Michael R. Sterlacci, P.E. Upon written agreement of the Applicant, the permanent open space area and its continued maintenance as noted above, shall be deemed to meet the requirements of a buffer area as noted in Section 62-9C of the Zoning Code. 5.2 Sidewalks: For safety and convenience purposes, the Applicant shall provide a 4 foot wide recessed concrete sidewalk along Old Broadway across the entrance to parking spaces 1 through 10. 5.3 Signs: All exterior signs shall be designed and constructed so as to reflect the historic and residential character of the neighborhood. All exterior signs shall be reviewed and approved by the Village Architectural Review Board (ARB). All recommendations of the ARB shall become conditions of this Planning Board resolution of site plan approval. Any and all existing signs or 9 �outmoded or disfunctional structures or facilities on or adjacent to the site which are considered to be a safety hazard or nuisance by the Building Inspector shall be removed or relocated to an appropriate location. 5.4 Lighting; Site lighting shall be revised so as to reflect the historic residential character of the neighborhood, such as traditional "post and crown" lighting recommended in the Village Master Plan (see Fig. 11) and as exists on the adjacent bridge across the Pocantico River to the north, which lighting shall be approved by the Village Architectural Review Board. At least six (6) such post and crown light fixtures shall be provided on the site to replace the proposed contemporary light pool designated on the site plan detail sheet and in such recommended locations as: Adjacent to parking spaces #1 and #10, two such lights in front (or on the westerly side of) the existing and proposed restaurant buildings, and two such lights along Gordon Avenue (one at the easterly end of the concrete planting island and one at the easterly side of the Gordon Avenue driveway entrance). Pollution Control: 6.1 6.2 6.3 6.4 The procedures proposed for control of petroleum products spillage and other pollutants, particularly as they may filter into the groundwater and into the Pocantico River, as outlined in response item #2 of a letter dated October 16, 1989 prepared by Donal Walsh, Esq. to James Galgano, Chairman of the Village Planning Board, shall be reviewed and approved by the Village Engineer. The proposed restaurant exhaust system shall be approved by the Village Building Inspector, in conjunction with other requirements of the Village Building Code, and said exhaust system shall be designed so as to achieve a "clean air" exhaust, free of observable odors. The Applicants shall provide oil separators to be placed in the adjacent catch basins or in other locations to the satisfaction of the Village Engineer. The Applicants shall meet all requirements for removal and closure of the fuel tanks to be removed in accordance with NYSDEC and State and Federal regulations. Miscellaneouss 7.1 The site plan shall be referred to the Village Architectural Review Board and said Board's written recommendations regarding their specific concerns shall 10 �be a condition of this site plan and resolution of approval. 7.2 This resolution shall be noted on the site plan. 7.3 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. 7.4 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 a building permit and 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. 7.5 The Planning Board reserves the right to make a final field inspection of the project after construction of the facilities, upon notice by the Building Inspector but before 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, "as built" drawings of same, which do not comply with the approved plan. The Applicant shall maintain all elements of the approved site plan, including landscaping, in a neat and healthy condition so as to retain an approved Certificate of Occupancy. 7.6 Prior to the issuance of a Certificate of Occupancy, the Applicant shall submit to the Village Building Inspector a mylar reproduction of the site plan, complete with the certification of a professional architect and/or a professional engineer attesting to the construction of the site plan and its improvements as shown thereon. 7.7 Any proposed changes or alterations to the subject property beyond those specified on the cited plans and in this resolution, including but not limited to the construction of a canopy over the fuel service area, shall require a new application to be filed for site plan revision by the Planning Board. 11 �Panning Board Chairman FEW:rr notO-002.few 12/20/89 12/27/89 1/17/90 2/8/90 � 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-1990 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_1990-01-18 Subject The topic of the resource Planning Board Minutes & Resolutions-1990 Date A point or period of time associated with an event in the lifecycle of the resource 1990