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MINUTES OF THE PLANNING BOARD
VILLAGE OF NORTH TARRYTOWN, NEW YORK
May 26, 1988

Present:

Jim Galgano, Chairman, John O'Leary, Frank Rey, Miguel Jiminez
Jim Margotta, Building Inspector, John Hughes, Jr. Village
Attorney

Chairman Galgano called the meeting to order at 8:00 P.M.

1.

Matter of Sosa Construction Company, 40 Church Street, Tarrytown, N.Y.

The notice of public hearing, attached hereto, was read by the
Secretary of the Board.
Mr. Brian Slavin owns property north on Hudson terrace and he is
concerned about the subdivision. The sewer line and water line cross his
property without easement. He would like to know if the developer is going
Jbo remove the line. The sewer line is totally shot and goes across his
iront lawn. Mr. Sam Vieira, President of Sosa Construction Company, said
"his company wants to connect new sewer lines into Hudson Terrace.
A copy of the plans were given to all Board members. There were
questions on the parking. There will be four parking spaces per house.
Mrs. Slavin wanted to know the side yard requirements of the proposed
residences. Mr. Vieira said 12' total will be provided. There will be 10
bedrooms and 8 parking spots.
There being no further comments, Mr. Galgano moved to close the public
hearing.
Mr. Frank Rey moved to approve the subdivision. The motion was
seconded by Mr. O'Leary and passed unanimously. A resolution pursuant to
SEQR was also approved and is attached hereto.
2. Matter of Demetrio's Kringas. Mr. Kringas represented by Mr. Tom
McKenna, Attorney and Mr. Michael R. Sterlacci, P.E.
The property is within the R-3 Zone. The property has an area which
will be split into 2 lots. Lot 1 is 5 Condos in the front with access off
of Webber Ave. and 1 1/2 parking spaces per unit. Lot 2 becomes a flag lot
with 12 1/2' driveway. Mr. Galgano asked about zoning variances. They
said none were needed and that is all one lot. They are only utilizing one
lot. Mr. Galgano asked how many bedrooms in each unit? They answered
there will be approximately 10 bedrooms. In the 2 story condo, they are
proposing three 2 bedroom units. There was a big concern for providing the
proper amount of parking. Jim Margotta, the Building Inspector, said that

�r

•

he plans show no dimensions for the front, side and rear yards and that
here is no indication as to the lot coverage. In order to determine the
number of required parking spaces, the number of bedrooms should be
indicated. Mr. Margotta asked where the sewer and water lines go, and
whether they need easements for this. Mr. Sterlacci said utilities run to
Webber Avenue. The new condos will have their own sewers. It was
suggested that they go before the Zoning Board. There was a motion made to
have the Building Inspector review the plans. The motion was carried.
3. Matter of Country Manor Homes.
Walsh, Esq.

•

The applicant was represented by Donal

A preliminary meeting was held to show the proposed plan going through
the Zoning Board. Thirteen units were granted variances. They had
requested variances for sixteen units but only 13 were granted. They have
retained a landscape architect to do a plan for this lot. The parking
should be kept as if it were for sixteen units but there would only be
thirteen. Mr. Thomas P. Marsala, the owner, was introduced to give a
conceptional plan of the building. Each unit will have a garage and a
utility room in the back. There were concerns about fire, the fire trucks
ability to get in. A letter was read about the fire hazards, the major
concern being the fire hydrants and sprinkler system. There was also
concern about the removal of one parking space. They have already had a
fire flow test on Pocantico and there doesn't seem to be a problem with the
fire flow. Mr. Walsh said they had received their variances from the 2BA.
Mr. Galgano wanted to have all the information when they hold a public
Rearing. The landscaper, Mr. Steve Yarabek, gave an overview of the
landscaping, which was a concern of the people in the area. The proposal
was to create a buffer and enclose the entire area with a 6' screen fence
and plant trees. Mr. Galgano asked how many entrances there will be.
There will be one entrance. Mr. Walsh asked for a public hearing before
the next meeting. Mr. Galgano suggested June 16, 19 88, for the public
hearing. The motion for the public hearing was passed for June 16, 1988.
4. Matter of La Caruba Restaurant.
Walsh, Esq.

The applicant was represented by Donal

There were a number of issues discussed. There was a concern in the
last meeting about the parking for handicap and the loading zone parking.
There was also concern about the parking on the upper level the last two
spaces on Bedford Road. It was suggested to keep these two spaces for
employees. The board members all received copies of the plans. The
building inspector wants an adequate loading area. Mr. Walsh asked the
board to approve the parking subject to DOT's approval. They said they
would watch the handicap and loading zone parking. Also the building would
be brick red with the proper lighting. The signage would be subject to
approval of the appropriate Village agency. Mr. O'Leary wanted to know
about the landscaping. Mr. Yarabek described the shrubbery he is going to
use and the flowering pear trees along Beekman Ave. His goal is to create
tiers of green along Beekman Ave. Mr. Walsh read a letter from the
Department of Transportation. There were questions about parking areas,
^^there were no provisions of off street loading, the applicant will set
^jaside parking space #11 for that. Mr. Galgano brought up a question about
the cooking odors. Mr. Walsh said they were working on this but nothing is

�iool proof yet. Mr. Walsh said this restaurant was mainly for breakfast
ind lunch and that the odors would not be a problem. Mr. O'Leary has
another question about the landscaping. There will be a short wall with a
fence on top. Mr. O'Leary also wanted to know the exact color red the
restaurant will be. The board would like a sample of the color. Mr. Walsh
agrees to provide this. Jim Margotta asks a question about the traffic
flow problem. What happens if there is a parking problem is that parking
will be suspended and that matter will be referred back to the Planning
Board. Mr. Margotta wants the Village of North Tarrytown to have some say
about the parking not just the police department. There was a request by
Mr. Rey for a "No Left Turn" sign on Hudson Terrace. Mr. Walsh said this
was brought up to DOT and they will do what DOT suggests. the plan the
board is studying is over one year old and they requested a new one. Mr.
Walsh said he will have the architect draw up a correct plan for the
administrator or Mr. Galgano. There are two big things that are holding up
the restaurant: The health department and the DOT Report. Frank Rey wants
to prohibit a left hand turn on Hudson Terrace. Mr. Walsh agrees to work
with them on anything they want. Mr. Hughes wants to add that the signage
is subject to approval of the Village Board. That the exterior of the
building will be a real brick facade. A resolution shall be forwarded to
the Department of Health as to the odors from the restaurant. The
Westchester Board of Health will decide what to do about the previous gas
tanks that were there. The site plan will be amended to show no left turn
on to Hudson Terrace. A resolution incorporating all elements of the
approval was read. Mr. Galgano moves grant site plan approval according to
The resolution was carried
hthe terms and conditions of the resolution.
inanimously.
Meeting was adjourned at 9:40 P.M.

•

�PLANNING BOARD
VILLAGE OF NORTH TARRYTOWN
RESOLUTION:

SITE PLAN
PROPOSED:
OWNER:
LOCATION:

APPROVAL
RESTAURANT
DOMINICK LA CARUBA
ROUTE 9 at BEDFORD ROAD
276 NORTH BROADWAY

WHEREAS, the Planning Board of the Village of North Tarrytown
has reviewed an application for final site plan approval pursuant to
Zoning Ordinance Article VJII, Site Plan Review to construct a restaurant,
including related off-street parking, landscaping, storm drainage and
other supporting utilities and facilities, on a site approximately 2319
square feet in size, as shown on one drawing prepared in the offices
of Anastasia &amp; Associates and Hudson-Pacific Designs and identified
as follows:
1.

SP-1 Site &amp; Location Plans With Notes &amp; Legend - dated
7/16/87, Final Version filed 5/19/88;

2.

Landscaping Plan

WHEREAS, in the course of its review and 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.

Billed an application fee of $380.00 for the unit under review;

2.

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

3.

Requested and received reports from Village authorities and/or
the applicant on such matters as water supply, sewage disposal,
storm drainage, fire safety, and parking.

iJ.

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

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 non-significance and environmental
impact for this Unlisted action; and
WHEREAS, in the opinion of the planning Board the applicant
has complied with the Village's Development Regulations except
as may be noted below;

�NOW, THEREFORE, BE IT RESOLVED, that said site plan application
and site plan drawings noted above be and hereby are granted site plan
approval and that the applicant may obtain the endorsed approval of
the Planning Board Scairman, 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 code requirements, provided however that this approval shall
expire six (4) 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.

Utilities - Storm drainage, water supply and sewage disposal have
been approved by the Planning Board's consultant.
1.1

Storm water runoff complies with the Planning Board's policy
of "zero" increase in rate of runoff.

1.2

The applicant has submitted a written report, with back-up
calculations indicating his intention to provide adequate
fire flow, water supply and pressure for the site.

1.3

All final utilities including conditions noted above shall
be reviewed and approved by the Planning Board's and its designated
engineering consultant.

2.

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

3.

All driveways and parking areas shall be contained by poured-inplace reinforced concrete curbs.

*i.

The Village PLanning Board approves the location of thirteen of
the requested off-street parking spaces plus one loading zone
space. The town northern most parking spaces in the upper lot
shall be designated 'small cars' only. The two southeast spaces
in the lower parking area shall be designated 'handicapped parking*
only. The easternmost parking space on the lower lot shall be
designated 'loading' only.

5-

The parking, curb cuts and landscaping approvals herein are
contingent on the approval of the State Department of Transportation.

6.

The applicant agrees that should the Village determine the presentlyapproved parking and traffic flow plan causes a future severe
traffic problem, said determination to be made by the planning
Board or its designated agent, then the Planning Board may suspend
such parking as is duly permitted in the lower lot ancl cause same
to be removed in a manner approved by the Planning Board. This
suspension shall not effect either state-mandated handicapped
parking or the loading space. In the case of said suspension,
applicant agrees to submit to the jurisdiction of this board for
reconsideration of alternatives.

�ft _

'.

Review Fees - The applicant shallpay to the Village of North
Tarrytown:
7.1

An inspection fee for construction inspection of the proposed
site plan to include buildings, drainage system, sewage,
landscaping, lighting and other site plan elements for
compliance with the approved site plan in the amount of $2500.00

7.2

A site plan escrow account pursuant to SEQR and in the amount
of $5,000.00 or four percent of the total project cost, whichever
is less, which shall be used for consulting services rendered
in the review of this project.

7.3

A recreation fee of $1,000.00 for the acquisition of recreation
facilities pursuant to statute.

7.4

The above fees shall be paid prior to the signing of the
final site plan by the Chairman.

8.

The Planning Board reserves the right to make a final field
inspection of the project after construction of the facilities
upon notice of the Building Inspector but before the issuance
of a certificate of occupany. 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 if same do not comply with the
approved plan. The applicant shal.i 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.

9.

The 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.

3a. /Iff
/

r W ^ ^ L J-£(Jj?g^
/ u £ m e s Galgano, Planning/Board Chairman

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