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                  <text>NORTH TARRYTOWN, N.Y.
September 27, 1990

PUBLIC HEARING

A Public Hearing was held before the Planning Board
of the Village of North Tarrytown on the above date.
PRESENT:

Ellen Tsangaris, Chairperson
James Galgano
John O'Leary
Richard Ayers
Alan Kaplan

ABSENT:

Steve Baderian
Roman Windas

ALSO PRESENT:

John J. Hughes, Jr., Village Attorney

Chairperson Tsangaris called the meeting to order at
8P.M.
Mr. O'Leary moved, seconded by Mr. Galgano that the
minues of the meeting held on August 9th, 1990 be approved as
submitted. Carried.
Chairperson Tsangaris stated that the first order of
business would be the following:
1.

Public Hearing-E. Massaro &amp; A. Pauluetti. Convert garage to
apartment, an addition of a 7th family, at 190 Valley Street.

The Clerk read the Public Notice to hear and consider
an application of E. Massaro and A. Pauluetti of 952 Knollwood
Road, White Plains, N.Y., for final site approval of plans to
convert the garage to an apartment, an addition of a 7th apartment, at 190 Valley Street, North Tarrytown, N.Y. duly designated
on Village Tax Assessment Map as Section 16, Block 12, Lot 3.
Chairperson Tsangaris asked if there was anyone present
who would like to address the Board.
Mr. Thomas Gissen representing Frederick P. Clark
Associates submitted a memorandum stating comments and recommendations to the project. (Copy in Official Minutes).
Mr. Joseph Gulino, representing Charles A. Manganaro,
Consulting Engineers submitted a memorandum stating their
comments and recommendations to the project. (Copy in Official
Minutes).
Mr. Massaro stated that the apartment was to be an
apartment for a handicapped person and all objections by the
Planner and Engineer had been or would be met before he would
apply for a Certificate of Occupancy.
There being no further comments, Mr. Galgano moved,
seconded by Mr. Ayers that the Public Hearing be closed.
Carried.

�-2Mr. Galgano moved, seconded by Mr. 0*Leary that
the Site Plan be approved and the Village Attorney be directed
to prepare the necessary resolution to be adopted at the next
meeting. Carried.
2.

Preliminary Hearing-Vincent Margotta, Proposed Alteration
to 89 &amp; 91 Cortlandt Street.

Mr. Gissen submitted a memorandum stating their
comments and recommendations to the project. (Copy in Official
Minutes).
Mr. Gulino submitted a memorandum stating their comments
and recommendations to the project. (Copy in Official Minutes).
Mr. Ronald Turnquist, Architect for Mr. Margotta
presented plans for the project and advised the Board of the
work to be done to the buildings. He stated that the Mayor
informed him she wanted the repairs to be completed as soon as
possible. He stated one of the buildings was empty and the
other had tenants. They hoped they would not have to displace
them while construction was going on. He stated that the matter
is in the local court and he would make the Court aware of
the intent to repair the buildings.
After a discussion, Mr. O'Leary moved, seconded by
Mr. Galgano that the matter be referred to the Zoning Board.
Carried.
3.

Preliminary Hearing-Proposed Subdivision-D. Kringas, 149
Webber Avenue.

Mr. Gissen submitted a memorandum stating their
comments and recommendations to the sub-division. (Copy in
Official Minutes).
Mr. Gulino submitted a memorandum stating their
comments and recommendations to the sub-division. (Copy in
Official Minutes).
Mr. Turnquist, representing Mr. Kringas, stated that'
it was the intention of Mr. Kringas to erect two single family
dwellings, one for his son and one for his daughter. Mr.
Turnquist outlined the project to the Board.
Chairperson asked if there was anyone present who
would like to comment.
Mr. Arthur Ceconi, Amos Street stated he was representing the Briggsville Association and asked what impactfe the
project would have on the sewer system and what variances would
be needed. He also asked if an Environmental Study had been
completed.

•*• m

i

�-3Mr. Margotta stated that the lots to be sub-divided
would be 5,000 square feet as called for in the code. The
multi-family dwelling would be non-conforming and would be
covered under the grandfather clause.
Mr. Turnquist stated that if permission was granted
future plans will show re-routing of brook, storm drainage
and other items requested by the Board, with a completed
environmental study attached.
After a discussion Mr. O'Leary moved, seconded by
Mr. Galgano that the matter be referred to the Zoning Board.
Carried.
4.Preliminary Hearing- Leonard Rutligan, 97 College Avenue,
Automotive Repair Shop.
Mr. Thomas Gissen submitted a memorandum stating their
comments and recommendations to the project. (Copy in
Official Minutes).
Mr. Gulino submitted a memorandum stating their
comments and recommendations to the project. (Copy in Official
Minutes).
Mr. Rutligan stated that he was a resident of the
Village of North Tarrytown and had previously had a repair
shop on Cortlandt Street but moved to Tarrytown. He recently
lost his lease and wanted to come back to North Tarrytown.
The property in question has been vacant for the last two
years and he feels that his type of establishment would
be good for the area. There would be no cars parked on the
street. All the cars would be parked within the building.
After a discussion Mr. O'Leary moved, seconded by
Mr. Galgano that a Public Hearing be scheduled for the October
meeting, contingent on receiving drawings of the project.
Carried.
Mr. Margotta stated that adjacent to the building
is a Body and FendertStnop and he has never received any
complaints, and feels there is no objection to a garage in
that area.
5.

Sleepy Hollow Cemetery-Wetlands Permit &amp; Site Plan.
Continued Discussion.

Mr. Larry Nardecchia, Jr., Professional Engineer
representing Sleepy Hollow Cemetery presented plans for the
Cemetery.
Mr. Gissen submitted a memorandum stating comments
and recommendations to the project. (Copy in Official Minutes).

�-4Mr. Gulino submitted a memorandum stating1 comments
and recommendations to the project. (Copy in Official
Minutes).
Mr. Nardecchi stated that a stream disturbance plan
will be submitted to the D.E.C. and a permit applied for. He
stated that they will disturb the stream but will not displace
it.
After a discussion Mr. Hughes stated that we should
call for a Public Hearing on the matter.
Mr. Galgano moved, seconded by Mr. O'Leary that a
Public Hearing be held at the next meeting and that a water
course and site plan be submitted. Carried.
A discussion followed regarding the planting of
trees to replace the trees that would be removed.
Mr. Nardecchi stated he would be willing to discuss
the matter with the Planners to satisfy the Boarcl members as
to the type of trees to be planted and the number of trees.
Mr. Gerard Weiss, Attorney and member of the Cemetery
Association stated that the approval of the application is vital
to the Cemetery. The Cemetery is running out of saleable land.
If the project is approved it will double the number of two-grave
plots. He stated that the sale of plots provides income for
the Cemetery. If they have no land to sell the cemetery will
not have the income to operate. He would appreciate the Board.
making a decision as soon as possible.
There being no further business to come before the
Board, Mr. O'Leary moved, seconded by Mr. Ayers that the same
be duly adjourned. Carried.
Respectfully su£mubfeted, f
Irene Ama;co
Acting Clerk

�MEMORANDUM
To:

Village of North Tarrytown Planning Board

From:

Frederick P. Clark Associates

Date:

September 20, 1990

Subject:

Massaro and Pauletti Site Plan Review.

This application appeared before the Planning Board on July 19,
1990. At that time the Planning Board determined not to engage in
a substantive review prior to scheduling a public hearing on the
application. As we have received no updated plans since the July
Planning Board meeting, we can only assume there have been no
revision of the previously submitted plans. Consequently, we have
not revisited the submitted plans and our previous comments contained within our memorandum of July 17, 1990 - stand. We have
enclosed the previous memorandum for your convenience.
Thomas Gissen, AICP
Associate Consultant
cc:

Mayor Janet Gandolfo
William Regen
John Hughes, Jr.
James Margotta
Irene Amato
Joseph Guilino (By Facsimile)
Julius Twyne, Jr.

500\not0-010.tg

�MEMORANDUM
To:

Village of North Tarrytown

From:

Frederick P. Clark Associates

Date:

July 17, 1990

Subject:

Massaro and Pauletti Proposed Dwelling Unit Addition Site Plan Review.

!_•-

INTRODUCTION:

The purpose of this memorandum is to review the above noted revised
application for the conversion of an existing basement garage into
a proposed basement handicap dwelling unit. The proposed
application is for an existing three story, six-dwelling apartment
building located on the corner of Valley Street and Chestnut Street
in a C-2 General Commercial Zoning District. The applicants have
submitted a revised site plan prepared by JT2 Architects, titled
"Proposed Handicapped Dwelling Unit Add.; 190 Valley Street; North
Tarrytown, New York." The plan was prepared on December 4, 1989 and
last revised June 6, 1990.
II.

HISTORICAL OVERVIEW:

In December of 1989, this office reviewed an earlier version of
this plan. At that time, we noted that the existing use was nonconforming relative to the requirements of Chapter 70 of the Code
of the Village of North Tarrytown (the Code) . The areas of nonconformity included parking, building coverage, lot area and
setback deficiencies. At that time, we also noted that, with the
exception of the setback and building coverage deficiencies, all of
the above noted areas of non-conformity would be further aggravated
by the addition of another apartment. Due to these issues of nonconformity with the Code, the Planning Board informed the applicant
that variances from these deficiencies would need to be granted by
the ZBA before the Planning Board could consider any approval of
the proposed application.
It is our understanding, based upon a telephone conversation with
Village of North Tarrytown Building Inspector Jim Margotta, that
the applicants have received the necessary variances. The variances
granted, inclusive of any conditions attached thereto, and the date
the variances were granted should be specified on the plan.
Provided the necessary variances have been granted, the Planning
Board may now review the proposed application, subject to Article
VIII of the Code.

�III. REVIEW COMMENTS;
Handicap Accessibility - Documentation should be provided to
demonstrate that the proposed apartment and parking garage space
meet all of the requirements of the State of New York and the
Village of North Tarrytown for handicapped person accessibility. In
addition to various state requirements for door widths, bathroom
facilities and counter heights, the proposed handicapped parking
space should maintain a minimum width of 13 feet at all points.
Toilet Exhaust Fan - Because of the rising elevation at the
northeast edge of the site, it would appear that the proposed
toilet exhaust fan may be below grade. Obviously, such a location
would not work. Furthermore, the applicant should investigate an
alternative exhaust system. The proposed system would vent toilet
fumes into a narrow alley directly below the windows of an adjacent
structure. The adjacent structure appears to support residential
uses. Venting toilet fumes in this manner appears to be contrary to
the purposes of Section 62-30.B.(4) of the Code. This section of
the Code directs the Planning Board to assure the following:
"Satisfactory and harmonious relations between
the development on the site and the existing
and prospective development of contiguous land
and adjacent neighborhoods."
Site Litter - A pile of trash has been left on the northern corner
of the site. It would be appropriate for the Planning Board to
withhold any approvals until the site is brought into conformity
with general maintenance standards.

Thomas Gissen, AICP
Associate Consultant

300\not0-002.tg

2

�MEMORANDUM
To:

Village of North Tarrytown Planning Board

From:

Frederick P. Clark Associates

Date:

September 21, 1990

Subject:

89 and 91 Cortlandt Street Site Plan.

La.

INTRODUCTION:

This site plan application involves a proposal to perform a major
rehabilitation on two adjoining existing three-story structures
situated on an approximately 3,810 s.f. lot, which is located on
the southwest corner of the intersection of Cortlandt and Clinton
streets in the C-2 (General Commercial) district of the Village of
North Tarrytown.
The applicant proposes to redevelop this site with the ground floor
of the newly unified structure supporting a commercial restaurant
use and the upper floors supporting four two-bedroom apartments. It
would appear that one effect of this major renovation is to
effectively combine the two structures into a single structure.
Site Plan approval from the Planning Board is required under
Section 62-29.A(4) (b) of the Zoning Code of the Village of North
Tarrytown (the Code). This section of the Code requires site plan
approval for any development of any site in a commercial district
that is located across the street from a residential district.
Because the subject site is located within the C-2 district, which
is both a commercial and a residential district, and is across the
street from an R-6 residential district, site plan approval is
mandatory.
Additionally, as further delineated below, it appears that several
bulk, area and parking variances will be required before this site
plan may be implemented.
II.

ANALYSIS:

A.

Area and Bulk Standards.
1.

Overview. Because the application proposes a mixed-use
structure it appears that the structure will need to
conform to both the commercial and the residential area
and bulk standards for the C-2 district. Residential
structures in the C-2 district must conform to the
minimum lot size standards of the R-5 district and the
maximum lot coverage and setback standards of the R-4
district. This results in numerous area and bulk
variances being required for the residential portion of

�the structure as well as a single setback variance being
required for the commercial portion.
2.

Commercial Standards.
The only non-conforming area or
bulk standard maintained within the commercial portion of
the proposed site plan is a deficient rear yard.
Commercial structures in the C-2 district are required to
maintain a 20-foot rear yard; the application proposes a
rear yard of approximately 16 feet.

3.

Residential Standards.
i.
Minimum Lot Size:
Multi-family residential uses
proposed in the C-2 district must conform with the
minimum lot size standard specified in the R-5 district.
A minimum lot size of 6,500 s.f. is required for a fourunit multi-family development (5,000 s.f. for the first
three units plus 1,500 s.f. per additional unit). The
subject site is approximately 3,810 s.f.
ii. Maximum Lot Coverage:
The residential portion of
the structure appears to maintain a footprint of
approximately 1,630 s.f. For the 3,810 s.f. lot, this
translates into a lot coverage of approximately 42.8
percent. Residential uses in the C-2 district must
conform to the lot coverage requirements of the R-4
district, which permits a maximum of 35 percent lot
coverage.
iii. Yard requirements: Yard setback standards for
residential uses in the C-2 district must conform to
those standards in the R-4 district. As the chart below
demonstrates, the structure does not meet any of the yard
setback standards established in the R-4 district.

Yard

Min. Req'd in
R-4 District

Proposed

Deficiency

Front

20 Feet

2 Feet

18 Feet

Side - One

3 Feet

1 Foot

2 Feet

Side - Both

12 Feet

2 Feet

10 Feet

Rear

25 Feet

17 Feet

8 Feet

�Parking. Loading and Circulation.
1.
Numerical Reguirement.
Section 62-14.E. of the Code
specifies numerical parking standards required for a variety
of uses. Specifically, this section requires that one parking
space be provided for each dwelling unit and that one parking
space additionally be provided for every two bedrooms in a
multi-family housing development. Additionally, one parking
space is required for every five seats in a restaurant or bar
use.
While we do not know the number of seats proposed for this
restaurant, it is clear that eight parking spaces are required
for the proposed apartments. Since only three parking spaces
are proposed, the applicant will require a parking variance
from the ZBA.
The applicant should be sure to calculate his aggregate
parking need based upon the maximum number of seats he thinks
the restaurant will ever maintain. Otherwise, if the ZBA
grants a parking variance based upon a number of seats less
than that actually in place at some point in the future, then
the site plan will become void at that time. The ramifications
for one's business could be severe.
2.
Parking Space Size. Section 62-14.A. of the Code requires
that each parking space maintain 180 square feet (s.f.) of
space exclusive of all driveway, aisle and turnaround areas.
The parking spaces shown on the proposed site plan appear to
maintain only about 150 s.f. Consequently, either the size of
the spaces should be adjusted or a variance should be sought
for undersized parking spaces.
3.
Parking Lot Lighting.
Section 62-14.D.(5) of the Code
requires that the proposed parking area be lit and that the
lighting not produce light or glare onto adjoining properties.
Consequently, a lighting plan should be included in the site
plan.
4.
Loading. No loading area is provided. However, there
does appear to be offsite parking and loading space available
in the vicinity of the subject site during daytime hours.
Section 62.14.F. of the Code empowers the ZBA to determine the
loading requirements for unlisted uses (a restaurant use is an
unlisted use).
5.
Driveway Width.
Section 62-22.A. requires that all
driveways for commercial and industrial uses maintain a width
of not less than 15 feet and not more than 25 feet. The
proposed driveway appears to be only 11.5 feet.

3

�Also, analysis of the site plan in the field appears to
indicate that a chimney extension on the building located
immediately to the west of the subject site abuts the western
facade of the portion of the building thiat the applicant
proposes to remove. Therefore, it would appear that this
chimney may impinge on the proposed drix/ev/ay area. This
apparent conflict between the site plar** and the field
condition should be resolved as it may affect the driveway
width.
Lastly
review
rescue
family
C.

as concerns driveway width, the Fire pepartment should
this access relative to their fir^ suppression and
needs for the proposed commercial restaurant ancl multiresidential uses.

Performance Standards.
All uses in the C-2 district are required to conform to the
Code's performance standards, as articulated, in section 62-16.
Other than general building and fire code standards, the only
standard pertinent to the proposed application vould appear to
concern odors. This standard, as articulated in Section 6216.B. (2), requires that odors not be emauiated beyond the
property line. Given the food preparation nature of the
proposed ground floor establishment an^5 the adjoining
residential uses both proposed for the s i t ^ and existing in
close proximity to it, the applicant should c3emonstrate how he
proposes to vent kitchen fumes and mitigate their possible
impacts.
Thomas Gissen, AICP
Associate Consultant

cc:

Mayor Janet Gandolfo
William Regen
John Hughes, Jr.
James Margotta
Irene Amato
Joseph Guilino (By Facsimile)
Ronald Turnquist

500\not0-011.tg

4

�MEMORANDUM
To:

Village of North Tarrytown Planning Board

From:

Frederick P. Clark Associates

Date:

September 20, 1990

Subject:

Krinaas Subdivision Sketch Plat (September 12. 1990).

The purpose of this memorandum is to provide the Planning Board
with our analysis of the above noted sketch plat. The Kringas
Subdivision plan of September 12, 1990 represents a major change
from the previously submitted proposed subdivision sketch plats for
this property. Whereas the previous submissions proposed either
five or four new attached dwelling units, the new subdivision plat
proposes the creation of two new single family lots of 5,000+
square feet (s.f.) each.
The most recent of the previously submitted sketch plats for this
site (titled Webber Mews and dated July 27, 1990) proposed the
development of four new attached units in addition to the five
existing attached units on the property. In addition to subdivision
approval and the granting of numerous variances, this previous
proposal would have required application of the clustering
provisions of New York State's Village Law (Section 7-738).
In our review of the July 27, 1990 sketch plat (see the memo from
our office of August 7, 1990), we noted that the proposed
subdivision would result in the creation of two grossly
gerrymandered lots, the elimination of virtually all open
recreation areas on one of the lots, a density of development
beyond that which is permitted in the R-3 district and the need for
multiple variances.
The newly revised plat appears to effectively addresses those
concerns previously raised by this office. While the newly proposed
subdivision would result in one flag lot, this proposal greatly
reduces the gerrymandering of lot lines evident in the previous
submissions. Consequently, usable open space for recreation and
aesthetic purposes has been provided for all proposed properties
and units.
Also, the density of development now conforms to the minimum
standard required under the R-3 district (5,000 s.f. of land area
per dwelling unit). Furthermore, the character of the streetscape
now should be more in keeping with the single family residential
character existing in the area and called for under the R-3
district standards.

�Lastly, it appears that the need for all previously required bulk
variances has been eliminated under the new proposal. However, the
existing five-unit residential structure constitutes a pre-existing
non-conforming use due to the fact that only single family homes
and certain public uses are permitted principal uses in the R-3
district. Consequently, one use variance from the Zoning Board of
Appeals will still be required to permit the existing structure on
what amounts to a new lot.
Thomas Gissen, AICP
Associate Consultant

cc:

Mayor Janet Gandolfo
William Regen
John Hughes, Jr.
James Margotta
Irene Amato
Joseph A. Guilino (By Facsimile)
Ronald Turnquist

500\not0-009.tg

2

�MEMORANDUM
To:

Village of North Tarrytown Planning Board

From:

Frederick P. Clark Associates

Date:

September 24, 1990

Subject:

Leonard Rutialan Automotive Repair Shop.

I.

INTRODUCTION.
This application is for site plan approval for an automotive
repair shop use in the C-2 (General Commercial) district of
the Village of North Tarrytown. The subject site, which is
located at 97 College Avenue, currently maintains a vacant
single-story masonry structure of approximately 4,100 square
feet (s.f.) in size. It is our understanding that the proposal
is to rehabilitate this structure for use as an automotive
repair shop.
Due to the fact that this site is located within the C-2
district, which is both a commercial and residential district,
and is further located directly across the street from a
residential district (the R-6 district), the Planning Board
maintains site plan review authority under Section 62-29.A. (4)
of the Zoning Code of the Village of North Tarrytown (the
Code).
As further delineated below, numerous bulk variances as well
as a use variance will be required from the Zoning Board of
Appeals (ZBA) before this site plan can be implemented.

II.

ANALYSIS.
A.

Use Variance:
Automotive repair shops are only permitted as-of-right in
the C-l (Highway Commercial) district. As an automotive
repair shop is not a permitted use in the C-2 district,
a use variance will be required from the ZBA.

B

«

Non-Conforming Bulk Standards:
1.
Overview.
Due to the fact that the existing
structure covers virtually the entire lot, the site's
physical layout is non-conforming in two regards.
2.
Building Coverage. While the existing structure
maintains virtually 100 percent building coverage, the

�maximum building coverage for a commercial structure in
the C-2 district is 60 percent.
3.
Rear Yard Setback. A 20-foot rear yard setback is
required of commercial structures in the C-2 district;
the existing structure is built out virtually to the rear
lot line.
Performance Standards:
Any use in the C-2 district is subject to the performance
standards specified in Section 62-16 of the Code. The
strict employment of these standards appears to be highly
justifiable given the use proposed for this site (an
automobile repair shop) and its proximity to residential
uses and a residential district.
Specifically, the applicant should be required to
demonstrate to the satisfaction of the Planning Board
that necessary measures have been undertaken to assure
that no noise, odors, glare or vibrations associated with
the proposed automotive repair activity will emanate
beyond the property lines either at ground level or at an
elevation that could potentially affect neighboring
residents in mid-rise apartments.
Furthermore, the control of atmospheric pollution and
potential
groundwater
contamination
should
be
demonstrated to the satisfaction of the Planning Board.
This should include the provision of all procedures and
safeguards necessary to assure the proper disposal of
engine oil.
Lastly, given the proposed use, it is recommended that
the Planning Board request that the Fire Marshal review
the proposed plans to assure that all necessary fire
suppression and safety measures have been employed.
Parking Standards:
Section 62-14.E. requires that parking for this use be
provided at a ratio of one space per 1,000 s.f. or one
space per two employees, whichever yields a greater
number of parking spaces. Employing the size standard
would yield a requirement of five parking spaces. The
applicant should provide a liberal estimate of the
maximum number of employees per shift and then
demonstrate that all required parking can be provided on
site.
2

�Given the potential for an unsightly spillover of
automobiles from this use onto adjoining lots or onto the
public sidewalk and street, we would recommend that any
site plan approval that may be forthcoming for this
application be conditioned upon a continuous prohibition
against employee or client parking anywhere but within
the existing structure.
E.

Miscellaneous:
1.
Environmental Assessment Form.
As alluded to
earlier in the section of this memorandum on "Performance
Standards," the applicant should be required to
demonstrate that all appropriate mitigation measures will
be implemented necessary to prevent any adverse off-site
impacts from noise, glare, vibration, or electrical
disturbance. He should also be required to demonstrate
that there will be no major adverse effect on air quality
associated with the proposed auto repair shop. If the
applicant cannot demonstrate that these impacts will be
sufficiently mitigated, then the answers to sections (d)7
and (d)8 of the submitted short environmental assessment
form should be changed from "no" to "yes."
2.
Spillover of Neighboring Use onto Subject Site.
The applicant should also explain the relationship of the
property to the west of the subject site's northwest
corner. It appears that part of a three-story wooden
porch, that is ancillary to neighboring residential uses,
is located on the subject site. Based upon a field
investigation, it further appears that a one-half story
high portion of the existing structure on the subject
site is located below this wooden porch. A detailed
explanation of the exact legal nature of any easements
involved in this impingement upon a portion of the
subject site by another lot's uses should be provided.
Furthermore, the Planning Board should employ those
restrictions upon the storage or other use of this space
below and near the wooden porch that are appropriate and
necessary to assure the health and safety of the
residents of the neighboring structure.

3

�F.

Conclusion.
Pending the submission of the additional
requested, this concludes our review.

information

Thomas Gissen, AICP
Associate Consultant
cc:

Mayor Janet Gandolfo
William Regen
John Hughes, Jr.
James Margotta
Irene Amato
Joseph Guilino (By Facsimile)
Charles Riley

500\not0-012.tg

�MEMORANDUM
To:

Village of North Tarrytown

From:

Frederick P. Clark Associates

Date:

September 25, 1990

Subject:

Sleepy Hollow Wetlands Permit and Site Plan.

I-

INTRODUCTION
The purpose of this memorandum is to provide the Planning
Board with our review of the September 17, 1990 "Wetland
Watercourse Protection - Chapter 61; Summary of Sleepy Hollow
Project" report prepared by Larry Nardecchia, Jr., P.E.; the
"Landscape Proposal Alternate" also prepared by Larry
Nardecchia, Jr., P.E. and dated September 12, 1990; and to
relate to the Planning Board the substance of recent
correspondence between this office and Richard Speidel of the
New York State Department of Environmental Conservation (DEC) .

II.

WETLANDS REPORT
A.

Overview. The submittal by Larry Nardecchia, Jr., P.E. of
additional information to meet the requirements of a
formal wetlands application provides almost all of the
information needed to process this application. The
remainder of this section of the review is devoted to
identifying additional information or clarifications we
believe are necessary, and to presenting our preliminary
comments.

B.

Additional Information and Clarifications Necessary.
i•

Information
for
item
61-10.A.(6)(a).
Mr.
Nardecchia indicates that there are no wetlands on
site. However, the Proposed Drain Plan and Profile
sheet, revised 8/5/90, indicates a wet area at the
bottom of the ravine. Furthermore, Mr. Nowicki's
report in Appendix E indicates the presence of
"saturated soils" at the bottom of the ravine. Mr.
Nowicki's report also indicates that there is only
a very sparse growth of hydrophytic plants in the
saturated soil.
It is not clear why the soil has been labeled as
saturated in one part of the report, while another
part of the report indicates a lack of functioning
hydric soils in the ravine.
Under normal
circumstances, this would appear to be a basic
inconsistency.
It is also not clear if this

�saturated soil area extends beyond the limits of
the stream, as seems to be indicated on the
drawing.
However, if it can be clearly shown that the
saturated soil is not a functioning hydric soil and
that it does not "support a prevalence of
hydrophytic vegetation," then the Planning Board
can safely agree that there are no wetlands at the
bottom of the ravine beyond the edge of the
watercourse.
ii.

Information for item 61-13.A.&amp; B. The
Village's
Wetland Law, as currently written, requires the
submittal of a mitigation plan when losses to a
wetland/watercourse are necessary and unavoidable.
Mitigation is to be in the form of replacing the
lost wetland/watercourse at a 2:1 ratio.
The applicant indicates that the requirements for
mitigation should not apply to watercourses. From
an environmental viewpoint, we would tend to agree.
Nevertheless, the law as currently written requires
the mitigation plan, even when the loss affects a
watercourse only. However, assuming that the
applicant can reasonably address the issues raised
in the previous
comment
(i.e. conclusively
demonstrate that no wetlands exist), then the Board
must decide if the proposed action would result in
the loss of the watercourse. If placing the stream
in a culvert is considered to be a modification of
the stream only, then the stream may be considered
not to have been "lost" and no mitigation would be
required. However, if the placement of the stream
within a culvert is considered to constitute the
loss of the watercourse, then a mitigation plan
must be submitted.
As Mr. Nardecchia states in his submittal, the law
provides no indication of what technical date needs
to be provided as part of a mitigation plan when
only a watercourse is involved (61-13.B. only
address the mitigation of lost wetlands). If the
Planning Board determines that the stream would be
lost under the proposed actions, then some
determination from the Board will be necessary as
to what will constitute an acceptable mitigation
plan.

2

�LANDSCAPE PLAN;
A.

Landscaping Plan Dated June 16, 1990.
The grading plan
has been revised to remove the previously proposed grade
change directly around the hemlock grove on the north
side of the project site. While this will definitely
help preserve the hemlocks, even further separation
between these trees and the proposed grading may be
necessary.
Furthermore, the future subdivision of this area into
plots ultimately may render all efforts to preserve these
trees futile. If the trees are to be saved, then all
efforts necessary to protect them should be taken now.
This includes providing some perpetual clearing and
grading limit area around these trees.
Also, while the Landscaping Plan shows some replacement
of trees, we think more can be added without jeopardizing
the proposed use of the land. We would suggest doubling
(at least) the amount of trees planted on the site. The
additional trees should be shade trees. such as the
proposed oak, rather than the smaller dogwoods.
Exact tree species should be specified. Dogwoods come in
many forms, from smaller shrubs to flowering trees. Many
of these types are not suitable for the proposed planting
area. We would recommend Cornus kousa, Kousa Dogwood for
this planting.
Similarly, there are a number of oak
types available; we would recommend Ouercus rubra. Red
oak for this planting.

B.

Landscape Proposal Alternate. The Landscape
Proposal
alternative provides a good additional start at
mitigating the loss of vegetation due to filling. We
feel that this proposal, in conjunction with additional
planting on the proposed project site, would begin to
provide more substantial mitigation.

DEC SUBMISSION
According to Richard Speidel of the Division of Regulatory
Affairs for Region 3 of the New York State Department of
Environmental Conservation, Lake Freemont is a Class B
protected waterway. Consequently, the stream running from
North Broadway (just south of the ravine site) to Lake
Freemont, which is readily identifiable on the Village of
North Tarrytown Zoning Map, also takes on the Class B
protected status, according to Mr. Speidel.

3

�He further stated that the ravine stream flow is probably also
protected, provided it flows on a year-round basis. It appears
that this stream probably does flow on a year-round basis.
He recommended that the applicant apply to the DEC for a
stream disturbance permit.
V.

CONCLUSION
Pending the submission of further information identified above
and further direction from the Planning Board, this concludes
our review at this time.

Jim Donovan, ASIA
Landscape Architect
Thomas Gissen, AICP
Associate Consultant
cc:

Mayor Janet Gandolfo
William Regen
John Hughes, Jr.
James Margotta
Irene Amato
Joseph Guilino (By Facsimile)
Larry Nardecchia, Jr., P.E.

500\not0-013.tg

4

�CAMCE
P M ARI PQ A M A N P A N A P P l
^ n M R L C O M. I V I M I I W H I I M n w

CONSULTING ENGINEERS

COURT PLAZA NORTH. 25 MAIN ST.. HACKENSACK. NJ 07601-7032
sf^gj
SUITE 8C NEW YORK. NCW YORK 10021
1 2 0 £AST Jsm

201-342-4200
212-683-7712
PAX. 201-342-0790

TABLE QF CONTENTS

MEMORANDUMS - PROPOSED SUBDIVISION/SITE PLAN UPDATES
VILLAGE OF NORTH TARRYTOWN, NEW YORK
(SEPTEMBER, 1990)

MEMORANDUM DESCRIPTION

CAMCE REF. NO

1.

E. Massaro &amp; A. Pavluetti Proposed Handicapped Dwelling Unit,
190 Valley St.

1344R

2.

Vincent Margotta - Proposed alteration
to 89 &amp; 91 Cortlandt St.

1383R

3.

Proposed Kringas Subdivision 149 Webber Avenue

1378R

4.

Sleepy Hollow Cemetery - Proposed
subdrain near Route 9

1368R

5.

Automotive Repair Shop 97 College Avenue

1384R

�CHARLES A. MANGANAftO

M E M O R A N D U M

TO:

Village of North Tarrytown Planning Board

FROM:

' Joseph A. Gulino, Project Engineer
Charles A. Manganaro Consulting Engineers

DATE:

September 21, 1990

RE:

Proposed Handicapped Dwelling Unit Addition
190 Valley Street
CAMCE #1344R

Per our review of the site plan last revised June 6, 1990, by
Mr. Julius B. Twyne, Jr., Architect, for the above referenced
project, our comments or questions concerning potable water,
sewage, and drainage facilities are as follows:
A.

The site plan should show where the drains located in the
ramp area adjacent to the trash bin area and entry door,
discharge too, along with pipe sizes and calculations to
verify sizes.

Final recommendations will be made to the Planning Board once
the necessary information has been addressed.
If you should have any questions or require additional
information, please let us know.
JAG/gsb.960
cc:

Mr. William T. Regan, Village Administrator
Mr. James T. Margotta, Building Inspector
John Hughes, Esq.
Mr. Thomas Gissen, Assoc. Cons. - Frederick P. Clark Assoc.(Via Facsimile)
Mr. Julius B. Twyne, Jr., Architect

�CHARLES A. MANGANARO

M E M O R A N D U M

TO:

Village of North Tarrytown Planning Board

FROM: Joseph A. Gulino, Project Engineer
Charles A. Manganaro Consulting Engineers
DATE: September 21, 1990
RE:

Proposed Alteration to 89 &amp; 91 Cortlandt Street CAMCE
#1383R

Per our preliminary review of the site plan last revised
September 17, 1990, submitted to us by the North Tarrytown
Building Department for the above referenced project, our
comments concerning potable water, sewage, and storm water
drainage only, are as follows:
A.

The names of all owners of record of adjacent
properties should be shown on the site plan.

B.

The location of all existing structures and other
manmade features on adjacent properties including
existing utility lines should be shown on the site
plan.

C.

The design of the proposed water supply, sewage
disposal, and storm water drainage systems including
the locations, sizes, invert, and rim elevations to
the existing water supply, sewage disposal, and
storm water drainage systems. In addition, the
Village's water and sewer, and public works
departments have standards, specifically typical
detail sheets on the above mentioned systems. The
developer should conform with these standards.

D.

Existing and proposed topography map of the
subdivision should be shown extending at least
twenty 20 ft. beyond the site boundaries with
contour intervals not greater than five (5) ft. and
referenced to USGS or other approved bench mark and
scale.

E.

The Owner's endorsement should be on the site plan.

�CHARLES A. MANGANARO

Page 2
Planning Board
September 21, 1990
CAMCE 1383R

F.

Planning Board Chairman's endorsement per subdivision regulations, Part IV, Page 7817 (14C)
should be shown on site plan.

G.

The locations of nearest fire hydrants should be
shown.

H.

The widths of streets and avenues encompassing the
sites should be shown.

I.

Fire sprinklers, if required, should be shown or
indicated by note on the drawing.

Final recommendations will be made to the Planning Board once
the necessary information has been received.
If you should have any questions or require additional
information, please let us know.

JAG:ab:959
cc:

Mr. William T. Regan, Village Administrator
Mr. James T. Margotta, Building Inspector
John J. Hughes, Village Attorney
Mr. Thomas Gissen, Assoc. Cons. - Frederick P. Clark
Associates (via Facsimile)
Mr. Vincent Margotta

�CHARLES A. MANGANARO

M E M O R A N D U M

TO:

Village of North Tarrytown Planning Board

FROM: Joseph A. Gulino, Project Engineer
Charles A. Manganaro Consulting Engineers
DATE: September 21, 1990
RE:

Proposed Kringas Subdivision
149 Webber Avenue
CAMCE #1378R

Per our preliminary review of the revised site plan dated
September 12, 1990, submitted to us by the North Tarrytown
Building Department for the above referenced project, our
comments concerning potable water, sewage, and storm water
drainage only, are as follows:
A.

The names of all owners of record of adjacent
properties should be shown on the site plan.

B.

The location of all existing structures and other
manmade features on adjacent properties including
existing utility lines should be shown on the site
plan.

C.

The design of the proposed water supply, sewage
disposal, and storm water drainage systems including
the locations, sizes, invert, and rim elevations to
the existing water supply, sewage disposal, and
storm water drainage systems. In addition, the
Village's water and sewer, and public works
departments have standards, specifically typical
detail sheets on the above mentioned systems. The
developer should conform with these standards.

D.

Existing and proposed topography map of the
subdivision should be shown extending at least
twenty 20 ft. beyond the site boundaries with
contour intervals not greater than five (5) ft. and
referenced to USGS or other approved bench mark and
scale.

E.

The nature and location of all other existing site
features, including wetlands, water bodies, water
courses, wooded areas, and rock outcrops should be
shown.

F.

The Owner's endorsement should be on the site plan.

�CHARLES A. MANGANARO

Page 2
Planning Board
September 21, 1990
G.

Planning Board Chairman's endorsement per subdivision regulations, Part IV, Page 7817 (14C)
should be shown on site plan.

H.

The locations of nearest fire hydrants should be
shown.

I.

The widths of streets and avenues encompassing the
sites should be shown.

J.

Fire sprinklers, if required, should be shown or
indicated by note on the drawing.

Final recommendations will be made to the Planning Board once
the necessary information has been received.
If you should have any questions or require additional
information, please let us know.

JAG:ab:959
cc:

Mr. William T. Regan, Village Administrator
Mr. James T. Margotta, Building Inspector
John J. Hughes, Village Attorney
Mr. Thomas Gissen, Assoc. Cons. - Frederick P. Clark
Associates (via Facsimile)
Mr. Demitrios Kringas

�CAMC
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COURT PLAZA NORTH. 25 MAIN ST. HACKENSACK. NJ 07601 -7032

LnMMLCO M. wiMrMvaMi^Mnw

120

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201-342-4200
212-683-7712
FAX. 201-342-0790

CONSULTING ENGINEERS

TO:

Village of North Tarrytown Planning Board

FROM: Joseph A. Gulino, Project Engineer
Charles A. Manganaro Consulting Engineers
DATE: September 21, 1990
RE:

Sleepy Hollow Cemetery - Proposed Subdrain Near Route 9
CAMCE #1368R

As of this date, no further information has been received.
Therefore, our sole comment concerning the technical aspects
has not been addressed (See attached CAMCE Memorandum of
August 9, 1990).
Final recommendations will be made to the Planning Board once
the necessary item is noted on the drawings.
We trust this information satisfies any inquiries you may
have. If you require any additional information, please let
us know.

JAG:ab:958
enc.
cc:

Mr. William T. Regan, Village Administrator
Mr. James T. Margotta, Building Inspector
John J. Hughes, Jr., Village Attorney
Mr. Thomas Gissen, Assoc. Cons. - Frederick P. Clark
Associates (via Facsimile)
Mr. Larry Nardecchia, P.E.

�CHARLES A. MANGANARO

UH&amp;AOO
TO:

Village of North Tarrytown Planning Board

FROM: Joseph A. Gulino
Charles A. Manganaro Consulting Engineers
DATE: August 9, 1990
RE:

Sleepy Hollow Cemetary - Proposed Subdrain Near Route 9
CAMCE #1368R

As of this date, no further information has been received.
Therefore, our sole comment, concerning only potable water,
sewage and storm water, which has not been addressed, is as
follows:
A.

The pipeline shall be sized to withstand the loads
of overburden plus those resulting from
construction equipment. Subsequently, in some
sections of the pipe where deep backfilling would
be required, it appears that a more tolerable pipe
class be selected.

Final recommendations will be made to the Planning Board once
the necessary item is noted on the drawings.
We trust that this information satisfies any inquiries you
may have. If you require any additional information,
please let us know.

JAG:da:823
cc:

Mr. James T. Margotta, Building Inspector
Mr. William T. Regan, Village Administrator
John J. Hughes, Jr., Village Attorney
Mr. Larry Nardecchia, P.E.

�CHARLES A. MANGANARO

M E M O R A N D U M

TO:

Village of North Tarrytown Planning Board

FROM:

'Joseph A. Gulino, Project Engineer
Charles A. Manganaro Consulting Engineers

DATE:

September 21, 1990

RE:

Lenny's Auto Repair
97 College Avenue
CAMCE #1384R

Per our review of the site plan dated August 27, 1990,
prepared by Mr. Charles Riley, Land Surveyor; our comments
concerning potable water, sewage, and storm drainage, are as
follows:
A.

The location of all existing structures and other man-made
features of the site, as well as those on adjacent
properties, including existing utility lines (gas &amp;
electric).

B.

The location and design of the proposed water supply, sewage
disposal and storm water drainage systems, including the
locations, sizes, invert, and rim elevations to the existing
water supply, sewage disposal, and storm water drainage
systems.

C.

Existing and proposed topography map of the subdivision,
extending at least twenty (20) ft. beyond the site boundaries
with contour intervals not greater than five (5) ft. and
referenced to US6S or other approved bench mark and scale.

D.

The nature and location of all other existing site features,
including wetlands, water courses, wooded areas, and rock
outcrops.

E.

The plan shall clearly indicate which site features are
existing and proposed, and which will be removed.

F.

Owner's endorsement.

G.

Planning Board Chairman's endorsement per subdivision
regulations, Part IV, Page 7817 (14C).

H.

The locations of nearest fire hydrants.

I.

The widths of streets and avenues encompassing the site.

�CHARLES A. MANGANARO

Page 2
Memorandum
Lenny's Auto Repair
CAMCE #1384R

J.

An area map showing all streets and property within one
thousand (1,000) ft. of the applicant's property, at a scale
of one (1) inch to four hundred (400) ft. All property owned
by the applicant shall be clearly identified.

K.

Flow and pressure requirements for the fire sprinkler system
and backflow preventers, if required.

L.

Cover letter to the Planning Board, including brief summary
of proposed action in letter form, indicating scope of
project, purpose and plans for development.

JAG/gsb.962
cc:

Mr. William T. Regan, Village Administrator
Mr. James T. Margotta, Building Inspector
John J. Hughes, Jr., Esq.
Charles Riley, Land Surveyor
Thomas Gissen, Assoc. Cons. - Frederick P. Clark Assoc. (Via Facsimile)

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

Frederick P dark (1909-1968)
David J portman. AICP
Frederic* E Wiedle. AICP
Howard / Reynolds PL

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

August 13, 1990
Larry J. Nardecchia, Jr. P.E.
21 McKinley Place
Ardsley, N.Y. 10502
Dear Mr. Nardecchia:
At the last Planning Board meeting (August 9, 1990) you voiced a
concern that you did not know what materials you should submit in
support of the Sleepy Hollow Cemetery's wetlands amplication. You
further requested that someone supply you with "a road map" of the
materials you will need to submit in support of this application.
As we indicated in our memorandum of August 8, 19^0, Chapter 61,
The Wetlands/Watercourse Law, of the Code of the Village of North
Tarrytown (the Law) clearly specifies information that must be
included in any application involving a proposed disturbance to a
wetlands/watercourse or associated buffer area, ^s well as the
standards the Planning Board must employ in reviewing such
applications.
Section 61-10, "Applications," clearly spells out exactly what
information must be included in every permit application, as well
as the information that may be required if certain development
thresholds are met. Furthermore, subsection 61-10.c. provides that
the Planning Board may require additional information throughout
the review process, if analysis of the site and of "the information
provided up to that point warrant further information and analysis.
The normal procedure is for the applicants' first to provide the
information required under the statue and then fot* the approving
authority to review that information. However, a t "the Planning
Board meeting of August 9, 1990, you indicated that you did not
know what information was still missing. An initiai review of the
requirements of the Section 61-10 and the materials so far
submitted by the applicants indicates that, at ei minimum, the
following additional information is required for untfer Section 6110 of the Law and has not yet been submitted by t h ^ Sleepy Hollow
Cemetery:

�Frederick P. Clark Associates, Consultants
Planning/Development/Environment/Transportation

1)

61-10.A. (4):
"A statement of the proposed
work and purpose thereof and an explanation
why the proposed activity cannot be located at
another site, including an explanation of how
the proposed activity is dependent on wetlands
or water-related resources."
Please note that this information is important
as subsection 61-12.D. (2)&amp; (3) of the Law
require the Planning Board to make findings
that the proposed activity could not feasibly
be accomplished at any other location on the
site or at another site.
Furthermore, subsection 61-12.C. directs the
Planning
Board
to
give
preference
to
applications where the proposed activity is
dependent
upon
a
shoreline
or
a
wetlands/watercourse location.

2)

61-10.A. (5);
A list of all property owners
whose property both adjoins the affected
watercourse and is 100 feet or less from the
Sleepy Hollow Cemetery property line should be
included.

3)

61-10.A.(6)(a):
"The
location
of
all
wetlands/watercourses
as determined
bv a
qualified
ecoloaist/botanist
and/or
soil
scientist no earlier than twelve (12) months
prior to the date of filing the application."
(emphasis added)
You have identified wet areas beyond the
stream bank that presumably may constitute
wetlands as defined by this Law. However, the
Law specifically requires that the actual
delineation of this area be performed by
persons with certain specific qualifications
(i.e. an ecologist/botanist or soil scientist,
as defined in Section 61-5 of the Law). The
full and accurate delineation of any wetlands
that may exist on the subject site is very
important
for
determining
the
wetlands/watercourse buffer area, which also
constitutes a regulated area.

�Frederick P. Clark Associates, Consultants
Planning/Development/Environment/Transportation

4)

61-10.A.(6)(b):
"A description
of
the
vegetative cover of the regulated
area,
including dominant species.11

5)

61-l0.A.(6Wc);
types on site."

"A description of the soil

Again, a person qualified in identifying and
mapping soil types will be needed for this
requirement.
The following information, which has not yet been supplied fully,
is also required under the Law. However, the Planning Board may
waive this requirement, provided the proposed action does not
exceed certain size or cost thresholds, as specified in Section 6110.B. of the Law.
Subsection 61-10.A. ( 6 W d ) ;
"The
location
of
the
construction area or area proposed to be disturbed and
its relation to property lines, roads, and buildings
within two hundred fifty (250) feet; and watercourses
within one hundred (100) feet.
In preparing the required information it may be of use to you to
review Section 61-12, Standards for Permit Decisions, of the Law.
This section outlines the standards the Planning Board should
establish before granting approvals and further specifies a number
of findings the Planning Board must be able to make in order to
grant approval.
Section 63-13 of the Law also requires that if the Planning Board
approves the proposed action, then the applicant must prepare a
mitigation plan that, if approved, will result in the applicant
creating new wetlands at least twice as large as the combined areas
of the wetlands, watercourses and associated buffer areas that are
to be disturbed by the proposed action. The actual requirements of
such a mitigation plan are further explained in Section 63-13 of
the Law.

�Frederick P. Clark Associates, Consultants
Planning/Development/Environment/Transportation

If you have any questions regarding the contents of this letter,
please do not hesitate to contact Tom Gissen at this office
directly.
Sincerely,

Thomas Gissen, AICP
Associate Consultant

cc:

'Jim Donovan
Landscape Architect

Village of North Tarrytown Planning Board
John Hughes
James Margotta
Joe Gulinoi

500\not0-007.tg

�'•»

PLANNING BOARD
VILLAGE OF NORTH TARRYTOWN
RESOLUTION:

AMENDED SITE PLAN APPROVAL
PROPOSED USE: CANOPY ADDITION TO AN EXISTING
GASOLINE SERVICE STATION
OWNER:
JOHN TORNELLO SR.
LOCATION: SOUTH EAST CORNER OF BROADWAY AND HUDSON
TERRACE
ADDRESS: 254-256 NORTH BROADWAY
TAX MAP DESIGNATION:
SECTION 17, BLOCK 13, LOT 4D
ZONING:
C-l, HIGHWAY COMMERCIAL

WHEREAS, the Planning Board of the Village of North Tarrytown
has reviewed an application for amended 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
23.5-foot by 23.5-foot canopy above an existing pump area at an
existing gasoline service station, 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 52-16) and Site Plan Review standards (Section
62-29); and
WHEREAS, the Application is supported by a site plan prepared
by Gismondi and Pielli, Architects, 66 South Central Avenue,
Elmsford, New York, 10523, prepared on June 5, 1990 and titled
"Proposed Canopy Addition to Existing Citco Gasoline Service
Station; Broadway and Hudson Terrace, North Tarrytown, N.Y.", and
a short form Environmental Assessment Form; and
WHEREAS, in the course of its review and acting as Lead Agency
pursuant to the provisions of Article VIII of the Environmental
Conservation Law, 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 June 18, 1990, at
which time the applicant, Planning Board, it's consultants and
members of the public were given an opportunity to be heard.

4.

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

�\l

5.

As Lead Agency for site plan and subdivision review 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.

WHEREAS, the Village of North Tarrytown Planning Consultant,
Frederick P. Clark Associates, recommended that the site plan be
amended to include additional landscaped areas that would extend
along the interior of the subject site's western property line
extending from the northern property line to a point roughly
parallel with the southern end of parking space number three and
from the southern end of the western property line north to a point
parallel with the northernmost edge of parking space number four;
and
WHEREAS, the applicant expressed some reservation as to the
cost of landscaping this existing paved area and the Planning Board
and the applicant agreed that substantial and permanent planter
boxes planted with attractive flowering vegetation would provide a
suitable alternative to a curbed landscaped area in the ground; and
WHEREAS, the Planning Board has requested that the applicant
provide a detailed lighting plan demonstrating the placement,
inclusive of height, wattage and luminosity of all proposed and
existing exterior lighting on the site, and clearly demonstrating
that no off-site glare will impact any adjoining properties,
including adjoining roadways; and
WHEREAS, the Planning Board has requested written detailed
explanations of the petroleum recycling program the applicant will
employ and of the existing pump system on the site including all
technical details of the system and the age of the system's various
parts; and
WHEREAS, the Planning Board has requested and the applicant
has agreed that the existing stockade fence identified on the
applicant's site plan as "to be removed" will not be removed but
rather will be relocated approximately two feet to the east, to a
position where it will form a continuation of the front (or
western) facade of the existing one-story concrete block garage
structure, and
WHEREAS, the Planning Board requested that all of the above
additions and modifications to the site plan be presented on the
site plan, but the applicant requested that these additions be
identified in a written signed document by the applicant rather
than on the site plan due to the cost of modifying the site plan,
and the Planning Board agreed to allow the substitution of a signed
2

�V

statement by the applicant identifying all of the above changes
with the exception of the requested lighting plan;
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 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
six (6) 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 the applicant has not
obtained a building permit:
1.

Lighting Plan - a detailed lighting plan showing the location,
inclusive of height, luminosity and direction of all proposed
and existing exterior lighting on the site and clearly
demonstrating that no glare from said existing or proposed
exterior lighting shall be evident to adjacent properties,
including adjacent public rights-of-way.

2.

A detailed written description of the planter boxes that will
be provided by the applicant along the interior of the site's
western property line. Two such planters shall be provided,
and said planters shall be no less than 2 feet deep, 18 feet
long and 3 feet high. Said planters shall be constructed in
such a manner as to be placed on the site permanently and
shall be located between the site's western property line and
parking spaces three and four.

3.

A signed written explanation of the petroleum recycling
program that is presently employed on the site and that will
be employed on the site in the future shall be provided to the
satisfaction of the Town Engineer.

4.

A written explanation of the existing pump system including
its various parts and the age of those parts shall be
provided.

/V/ft/ "7 I41Q
Date

€VU^^^M—^
E l l e n T s a n g a r i s Q-/
Planning Board Chairperson

500\not0-002.tg;cs

3

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