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                  <text>NORTH TARRYTOWN, N.Y.
November 16th, 1989

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
Roman Windas
Frank Rey

ABSENT:

Miguel Jimenez

ALSO PRESENT:

John Hughes, Jr. Village Attorney

Chairman Galgano called the meeting to order at 8 P.M.
Chairman Galgano stated that the Joyner Project which
was to be discussed was postponed to a later date.
After a discussion it was decided to hold the next
meeting on December 14th, 1989 due to the holidays.
AMENTA SUB-DIVISION-FINAL SITE PLAN- Northeast Corner of Broadway
(Route 9) and Chestnut Street.
Frederick P. Clark Associates, Cons .ultants to the
Village presented a Draft of a Resolution to be adopted by the
Planning Board. (Copy in Official Minutes).
Mr. Hughes read the Resolution and a discussion followed.
Items discussed were as follows:
Utilities, Storm Drainage, Loading Zone, Number of
Parking Spaces, Exterior Lighting, Review Fees, Police Parking
Easement, Sub-Division Recreation Fee, No Left-Turn onto Route 9,
and Final Site Plan.
Mr. Hughes was instructed to prepare the Final Resolution
for the next meeting of the Board.
WAYNE JEFFERS, (UNCLE JERRY'S RESTAURANT)-410 North Broadway.
Mr. Reidel of Frederick P. Clark Associates , Consultants
to the Village presented a Draft Resolution regarding Final Site
Plan for the proposed Gas Station Improvement and Restaurant
Conversion by Mr. Jeffers and Uncle Jerry. (Copy in Official
Minutes).

�-2Mr. Donal Walsh representing Mr. Jeffers and Uncle
Jerry stated he had just received the Memo and did not have the
opportunity to read it through.
Mr. Reidel stated that there was great concern over the
loose rock formation over the existing building.
Mr. Walsh stated that all loose rock would be removed
to the satisfaction of the Village.
A discussion followed regarding the various items listed
in the Draft Resolution.
Mr. Walsh stated that he had written to the N.Y.S. D.O.T.
regarding "Old Broadway" and has had no response.
Mr. Walsh stated that the Plans were to be presented
to the Architectural Review Board for their in-put.
Chairman Galgano stated that the Board was spending too
much time on the matter and should make a decision.
Mr. Rey stated that approval be granted to this point
and that Final Approval be given when "Final Plans" are submitted.
He questioned the reason for the hold-up of the gas station portion
of the project.
Chairman Galgano suggested that the Police Chief be
consulted regarding "Ingress" and "Egress" onto Gordon Avenue
and Old Broadway.
Mr. Walsh stated he would confer with the Police Chief.
Mr. Windas stated that he would like the following items
incorporated in the Resolution to be adopted at the next meeting:
Curb cuts, sidewalk, curb at Gordon Avenue, Exhaust
system, pre-cast parking stops, Mr. Yarabek's Plaza Plan, Response
to Items 12, 13 and 14 in the Draft, new blacktop, halite lights,
directional arrow to be on map, etc.
It was also felt that a Statement be made and notorized
by a Professional Engineer regarding the conditions of the rock
formation at the rear of the property.
Mr. Hughes was directed to prepare the resolution for
adoption at the next meeting.
Mr. O'Leary moved, seconded by Mr. Windas that upon
satisfaction of modification of plans as specified in the
Resolution7plans would be adopted at the December meeting.
CARRIED.

�-3Mr. Windas moved, seconded by Mr. O'Leary that the
Planning Board be the "Lead Agency". CARRIED.
Mr. Windas moved, seconded by Mr. Rey that the minutes
of the October, 1989 meeting be approved as submitted. CARRIED.
Mr. Windas recommended that in the future no resolution
should be considered for Public Hearing until the Site Plan is
processed or resolution is in its Final Form.
IMMACULATE CONCEPTION CHURCH- MultiFamily Project- Depeyster
Street.
Chairman Galgano stated that discussion was postponed
to a later date.
WEBBER MEWS-KRINGAS PROPERTY-WEBBER AVENUE
Mr. Rey stated that the Planning Board should not be
considering the project until it has been considered by the
Zoning Board. The project would then come to the Planning Board
for a Sub-Division Hearing.
There being no further business to come before the
Board, Mr. Rey moved, seconded by Mr. O'Leary that the meeting
be duly adjourned. CARRIED.

�f£* fUfrf /W/;

r
RESOLUTION:

DRAFT

R E S O L U T I O N

PLANNING BOARD
VILLAGE OF NORTH TARRYTOWN

FINAL SITE PLAN
PROPOSED: GAS STATION IMPROVEMENT AND RESTAURANT
CONVERSION
OWNER:
MR. WAYNE JEFFERS
LOCATION: NORTHEAST CORNER OF OLD BROADWAY AND
GORDON AVENUE

WHEREAS, the site plan application has been submitted to the
Planning Board of the Village of North Tarrytown for the
alteration and extension of an existing non-conforming gas
station use, the conversion of the unused service bays and the
construction on an addition onto said service bays to house a
restaurant/deli on the same site located on the corner of Gordon
Avenue and Old Broadway across from the Pocantico River and the
Historic Philipsburg Manor; and
WHEREAS, the Planning Board of the Village of North
Tarry town has reviewed the application for final site plan
approval pursuant to Zoning Ordinance Article VIII, Site Plan
Review as shown on the following drawings prepared by Badaly &amp;
Badaly Architects, identified as follows:
1.

Sheet A-l BIS "Addition and Alterations to:
410 N.
Broadway, North Tarrytown, New York - Site Plan", dated
September 1989, last revised 10/18/89;

2.

Sheet A-l "Addition and Alternation to 410 N. Broadway,
North Tarrytown, New York - Site Plan/Site Details", dated
September 1989, last revised 10/18/89; and

WHEREAS, the proposal involves the removal of an existing
gas tank, the relocation of existing gas pumps, the relining and
modernization of the remaining gas tanks and pumping system and
the construction of a 55 x 30 foot (1,650 square foot) canopy
structure over the filling area; and
WHEREAS, the Village of North Tarrytown has spent a
considerable amount of resources for studies evaluating the
methods and opportunities for discouraging further expansion and
development of automotive and automotive related uses along the
Broadway/Route 9 corridor, for eliminating or phasing out
existing automotive and automotive related uses and for generally
revitalizing said corridor with commercial retail and office uses
which would be more compatible with the surrounding residential
areas, the various public and semi-public uses and historic
landmarks and be more pedestrian oriented in nature; and

�WHEREAS, the Planning Board and the Village's Planning
Consultants have recognized that the proposal is an immediate
short-term improvement towards the objectives mentioned above,
however, they further note that the proposal involves a
considerable investment in the non-conforming gas station use
which will effectively preclude any possibility of eliminating or
reducing the apparent presence of the automotive uses in this
area over the long term; and
WHEREAS, the Village's Planning Consultants have raised
several concerns regarding the continuation and reinvestment in
this non-conforming use with particular respect to its location
in close proximity to various historic and outstanding landmarks
including the Pocantico River; and
WHEREAS, the Village's Planning Consultants have expressed
concern about the construction of a 1,650 square foot illuminated
canopy over the filling area of the gas station in front of the
existing building, which would be highly visible from Route 9;
and
WHEREAS, this property is the first commercial property one
encounters while traveling southbound on Route 9 into the heart
of the North Tarrytown central business district; and
WHEREAS, the existing service station and site plan proposal
was found to be non-conforming with regard to 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 62-19Bf2) - The fuel tanks are located within 25
feet from the streetline and within 15 feet from the side
lot line;

c.

Section 62-19B(31 - The fuel pumps are now and proposed to
be relocated within 15 feet of the streetline;

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 restaurant use is not specifically
listed as a permitted use within the C-l District;

2

�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 driveways are less
than 15 feet from the side lot line;

i.

Section 62-22C? - The entrance and exit driveways are located
less than 25 feet from the corner of the intersecting
streets of Gordon Avenue and (lid Broadway; and

WHEREAS, the subject application has received variances from
the Zoning Board of Appeals for items a through f, as listed
above, but have not received variances for items g through i, and
said site plan cannot be approved by the Planning Board unless
variances for items g through i are obtained; and
WHEREAS, the site plans involves modifications to the
entrance and exit driveways and the construction of new curbing
along the right-of-way of Old Broadway, which may still be owned
by New York State, in which case a construction permit and
approval will be required by the New York State Department of
Transportation; and
WHEREAS, an engineer has inspected the rock outcroppings
above and immediately beyond the subject building and proposed
construction for structural integrity and has recommended both
immediate and long term procedures to ensure the safety of
patrons of the uses on the subject site; and
WHEREAS, in the course of its review in acting as Lead
Agency pursuant to provisions of Article 8 of the Environmental
Conservation Law, the Planning Board has made the following
findings and caused, noted or conducted the following activities:
1.

Building
review;

application

fee of $

for the action under

2.

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

3.

(Planning Board has yet to determine Lead Agency nor receive
and review an Environmental Assessment Form (EAF) in
compliance with SEQR);

4.

(Planning Board has yet to make a determination of the
action type in accordance with SEQR nor has it made a
determination of environmental significance (i.e., Positive
or Negative Declaration) for the subject action);

NOW, THEREFORE, BE IT RESOLVED, that said site plan
application and site plan drawings noted above be and hereby are

3

�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.

The Applicants have received variances for Sections 62-22A,
B and C from the Zoning Board of Appeals.

2.

Removal of the identified rock as per memorandum from
Environmental Consulting Group, Incorporated, prepared by
Edward A. Walsh in conjunction with Michael R. Starllacci,
P.E., and submission of a written agreement in recordable
form to the satisfaction of the Village Attorney, certifying
that the owner of the property will be responsible for
causing the
inspection
and compliance
with
any
recommendations made by a qualified and state certified
engineer in a signed and sealed annual report in review of
the stability of the rock formation behind the proposed gas
station/restaurant.

3.

To repave the entire parking area with either macadam or
cement to the satisfaction of the Village Engineer.

4.

Specify wheel stops for parking the spaces indicated on the
subject site plan as numbers 11, 12 and 13 and the adjacent
loading space, and provide adequate protection from vehicle
interference with the existing "vapor stage" located at the
end of proposed parking space #12.

5.

Revise the site plan and riverbanks as follows:

6.

a.

Show the location of the Pocantico River (both sides);

b.

Show the location and type of traffic light at the
intersection of Old Broadway, Gordon Avenue, Dell
Street and Route 9;

c.

Include an inset map on the site plan showing the
relation of the subject property to all public and
quasi-public uses as specified in Section 62-19A of the
Zoning Ordinance.

Verify the ownership of the Old Broadway right-of-way. If
the right-of-way is owned by the New York State DOT, then

4

�the site plan shall be revised as per New York State DOT
conditions of approval and any required construction permits
shall be obtained prior to submission of the revised plan
for signature by the Planning Board Chairman.
7.

The site plan shall be revised to Indicate the rounding of
the proposed curbs on either side of the 10 restaurant
parking spaces, so as to ease vehicular maneuverability.

8.

The site plan shall be revised to specify whether the "sewer
line and M.H." as indicated on the plan is for a sanitary or
storm sewer line and indicate where said lines go.

9.

The site plan shall be revised to indicate
utility lines (i.e., electric, gas, storm
sewer, etc.) and connections to the existing
building/facilities on site and within Old
Gordon Avenue.

10.

Verify whether the existing gas tanks to remain on site will
require complete replacement and whether excavation of soil
around the tanks to be removed or modernized must be tested
for petroleum contamination and removed and disposed of.

11.

Indicate what procedures are involved for the removal of the
existing tanks located off the southwest corner of the
existing building and under whose jurisdiction for approval
and enforcement does this activity fall under.
Specify
precautions to be taken to ensure that any accidental spill
of petroleum product or petroleum contaminated soil during
the removal or improvement process will not impact any areas
off site, particularly, from entering the catch basins
which flow directly into the Pocantico River less than 200
feet away.

12.

Indicate the estimated cost of total improvements to the gas
station operation, including the cost of removal of the
unused gas tank, the restoration or modernization of the
other tanks to remain, the cost of repaving, the
construction of the proposed canopy, pump replacement and
computerization and any necessary improvements to the
portion of the building to be utilized for the gas station
service (i.e., computerized system for monitoring pumps,
tank leak detection, etc.).

13.

Specify whether the gas station will be self-service only or
if the station will include a service attendant for fullservice customers; how many employees will be required to
operate the gas station; when the service bays were last
used for servicing automobiles; and when the service station
was first in operation.

5

all existing
and sanitary
and proposed
Broadway and

�14.

The site plan shall be revised to indicate that oil/water
separators shall be installed in all catch basins to which
drainage from the subject property flows, in order to
protect the run-off of any spillage of petroleum product
from entering the Pocantico River.

15.

Indicate how the proposed site improvement (repaving and
recurbing) may effect drainage flow from the property.

16.

Revise the plan to include reference to the dates and
appropriate sections of the zoning code for which variances
were required and received for said application, including
any variances required for the improvement and construction
of the proposed canopy structure.

17.

The Site plan shall be revised to meet all conditions
required by the Architectural Review Board of the Village of
North Tarrytown with specific regard to the approval (or
disapproval) of the proposed canopy, lighting details,
building renovation and construction, and site landscaping.

18.

The site plan shall be revised to include
as proposed in the reduced revised plan
plannings included in a transmittal to Mr.
Hudson and Pacific Designs Incorporated,
letter dated November 10, 1989 from Stephan
to Donal Walsh.

19.

A final site plan review shall be accomplished by the
Planning
Board's Engineering Consultant and shall
incorporate all applicable conditions of this resolution and
the construction standards of the Village of North Tarrytown
as they may be appropriate.

20.

Payment of all applicable fees.

21.

(Army Corps of Engineers, New York State DEC and EPA may be
involved agencies due to possible impacts upon the Pocantico
River and Hudson River.)

Date

the street trees
for landscaping
Donal Walsh from
enclosed with a
A. Yarabek, ASLA

James Galgano,
Planning Board Chairman

DKWrrr

6

�M E M O R A N D U M
TO:

James T. Mar gotta, Building Inspector
Village of North Tarrytown

FROMs

Joseph A. Gulino
Charles A. Manganaro, Consulting Engineers

DATE:

November 14, 1989

RE:

Proposed Redevelopment of the Immaculate Church Building,
Depeyster St.
Village of North Tarrytown, NY
CAMCE #1328

Per the Planning Board meeting of October 19, 1989 revised drawings from
Duo Dickinson Architects were submitted showing the revised layout of
the storm drainage. It was agreed that Duo Dickinson was to obtain the
invert elevations of the Village storm sewer on Depeyster Street to
verify that the proposed system is feasible.
We were contacted on Friday, November 10, 1989, by Mr. David Basilone
from Duo Dickinson, relating to the drainage. However, no information
has been received to date.
In addition, Item C of our September 5, 1989 Memorandum (copy attached)
relating to the Sanitary System was not addressed.
Final recommendations will be made to the Planning Board once the
necessary items have been addressed.
If you should have any questions or require further information, please
let us know.
enc.
ccs

Mr. Dan Wery - Frederick Clark Engineers (via Facsimile)
Mr. David Basilone - Duo Dickinson Architects

�M E M O R A N D U M
TOi

Janes T. Margotta, Building Inspector
Village of North Tarrytown

FROM:

Joseph A. Gulino
Charles A. Manganaro, Consulting Engineers

DATEs

November 14, 1989

RE:

Proposed addition and alterations to
410 N. Broadway Restaurant/Gasoline Station
Village of North Tarrytown, NT
CAMCE #1329

Of the comments listed in our Memorandums offf*pt.CTftM&gt;y* f 1989 and
W^October 18f 1989 (copies attached), the items listed as A, B, E and P
i^/ were not addressed by the architect (Badaly and Badaly) as of this date.
As you are aware, the storm water drainage lines on North Broadway
discharge into the Pocantico River, which is in close proximity of the
site. Due to the nature of the business, there is a strong likelihood
of a spill or leakage, therefore, it is recommended that a oil/water
separator be proposed.
Final recommendations will be made to the Planning Board at such time
as the required information is provided.
If you should have any questions or require further information, please
let us know.
enc.
cc:

Mr. Dan Wery - Frederick Clark Engineers (via Facsimile)
Mr. Mohammad R. Badaly - Badaly &amp; Badaly Architects

�MEMORANDUM
TO:

Janes T. Margotta, Building Inspector
Village of North Tarrytown

FROMs

Joseph A. Gulino
Charles A. Manganaro, Consulting Engineers

DATEt

November 14, 1989

REs

Proposed addition and alterations to
410 N. Broadway Restaurant/Gasoline Station
Village of North Tarrytown, NT
CAMCE #1329

Of the comments listed in our Memorandums of September 5, 1989 and
October 18, 1989 (copies attached), the items listed as A, B, E and F
were not addressed by the architect (Badaly and Badaly) as of this date.
As you are aware, the storm water drainage lines on North Broadway
discharge into the Pocantico River, which is in close proximity of the
site. Due to the nature of the business, there is a strong likelihood
of a spill or leakage, therefore, it is recommended that a oil/water
separator be proposed.
Final recommendations will be made to the Planning Board at such time
as the required information is provided.
If you should have any questions or require further information, please
let us know.
enc.
cc:

Mr. Dan Wery - Frederick Clark Engineers (via Facsimile)
Mr. Mohammad R. Badaly - Badaly &amp; Badaly Architects

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