Tarrytown to Consider Historic Designation for Section of Village

The Tarrytown Board of Trustees will hold a public hearing next month to discuss the possibility of creating an “Historic Commons HC Zone” in the Village.

Officials and residents will consider whether to amend the Village Code to protect an area that includes the “southern portion of the west side of South Broadway, including lands from the Irvington boundary at Sunnyside Lane north to the properties zoned Office Building,” according to public hearing notice.

The hearing is scheduled to take place in the Municipal Building at 8 p.m. on Sept. 2. Below is the text of the public hearing notice:

Public Hearing Notice

PLEASE TAKE NOTICE that the Board of Trustees of the Village of Tarrytown will hold a public hearing on the 2nd day of September, 2014, at 8 PM, in the Municipal Building, One Depot Plaza, Tarrytown, New York 10591, to hear, discuss and to act upon a proposed amendment to Section 305-38 entitled “Historic Commons HC Zone” of the Code of the Village of Tarrytown. A summary of the legislation is available at Village Hall. The complete text of this legislation follows:

A LOCAL LAW to amend Section 305-38 entitled “Historic Commons HC Zone” of the Code of the Village of Tarrytown.

SECTION 1. LEGISLATIVE INTENT AND FINDINGS OF FACT.

A. Findings of Fact.

A LOCAL LAW to amend Section 305-38 entitled “Historic Commons HC Zone” of the Code of the Village of Tarrytown.

SECTION 1. LEGISLATIVE INTENT AND FINDINGS OF FACT.

A. Findings of Fact.

The Village Board of Trustees has determined that the southern portion of the west side of South Broadway, including lands from the Irvington boundary at Sunnyside Lane north to the properties zoned Office Building continues to represent a unique historic and cultural asset to the Village of Tarrytown and that protection of lands within this area requires clarification of the zoning code applicable to this area as adopted by the Board of Trustees on February 7, 2001.

B. Legislative Intent.

The Historic Commons zoning district preserves the remaining open spaces on the southern portion of the west side of South Broadway and maintains the existing pattern of development between South Broadway and the Hudson River.~ The Historic Commons district preserves the visual integrity of several historic resources including Lyndhurst and Sunnyside, both of which are National Historic Landmarks and listed on the National Register of Historic Places; and the Old Croton Aqueduct, which is listed on the National Register of Historic Places; and the landscape surrounding each of these resources.~ In addition, the area lies wholly within the Tappan Zee East Scenic District designated June 29, 1993 by the Commissioner of the New York State Department of Environmental Conservation under authority of Article 49 of the Environmental Conservation Law.~Article 49 of the Environmental Conservation Law authorizes the Department of Environmental Conservation to designate scenic areas in the State and provides that areas so designated must contain positive aesthetic elements of regional, statewide or national significance, and must have aesthetically recognizable boundaries. It is the intent of this local law to reinforce through clarification of the zoning code applicable to this area, as adopted on February 7, 2001, the purpose of ensuring that any new development or reuse of existing structures within the Historic Commons district is consistent with single family use on large lots designed to complement the single family use, and architecturally compatible with the historic resources and visual quality of existing buildings, landscapes and sites.

Material to be deleted appears in [parenthesis], material to be added is in bold typeface.

SECTION 2. Amendment to Section 305-38 entitled “Historic Commons HC Zone” of the Code of the Village of Tarrytown.

§305-38. Historic Commons HC Zone

B. General provisions.

(1)~All uses permitted in the HC Zone shall be subject to site development plan approval. (See Article XVI.)

(2)~ All uses permitted in the HC Zone shall be subject to the issuance of a certificate of appropriateness by the Architectural Review Board (§9-6B). Any proposed new use or structure or any proposed [raise of] demolition of or addition to an existing structure must be designed to be compatible with adjacent historic structures and the surrounding landscape. Site improvements, including roadways, drainage infrastructure, landscaping and lighting shall not negatively affect, to the maximum extent practicable, the visual character of the subject property or of views across the subject property from adjacent properties.

(3)~ In structures designated [certified by the Board of Trustees] as historic structures, the Zoning Board of Appeals may permit the conversion of a one-family dwelling into a maximum of three separate dwelling units where such conversion is necessary to preserve the historic structures, provided that each dwelling unit shall contain the minimum livable floor area required in that district and further subject to the issuance of a certificate of appropriateness by the Architectural Review Board (§9-6B).

C. B. Permitted principal uses.

(1) Parks and open space(2) [(1)] Single-family residences

D. [C] Permitted accessory uses for permitted uses

(1)~ Parking lots. [Public restaurant.]

(2)~ Tennis Courts. [Recreation facilities.](3)~ Swimming Pools. [Parking lots.](4)~ Accessory private garage space. [Tennis courts.][(5)~Swimming pools.][(6)~Accessory private garage space.]

E. [D.]~ Uses requiring compatible use permits.

(1)~Multifamily residence in existing [or new] historic building(s), See Section B. (3). [not to exceed 10 units per building] or in new buildings, with residential density as specified in G. 6.(2)~Senior housing, excluding institutional uses as defined in §305-127 of this code.(3)Bed-and-breakfast.(4)~Inn, provided that more than 10 rooms but fewer than 20 rooms are rented to guests and that dining facilities that are open to the public are provided.(5)~Public restaurant, within an existing building.(6)~Cultural institution.(7)~ Religious institutions. [Conference center.][(8)~Churches, synagogues, parish houses or buildings for Sunday school or for religious education.]

F. [E.] Permitted accessory uses for compatible use permit uses.

[Minimum lot area: 217,800 square feet for all permitted uses.]

(1) Parking Lots.(2) Tennis courts.(3) Swimming pools.(4) Accessory private garage space.

G. Bulk regulations.

(1) Minimum lot size: 5 acres (217,800 square feet) [for all permitted uses] .(2) Principal building coverage: maximum 4%.(3) Accessory building coverage: maximum 2%. (a) Additional accessory area (without building): maximum 4%(4) Total coverage: maximum 6%. (a) Total overall coverage: maximum 10%(5) Maximum Height: 35 feet or [2.5] 3 stories.(6) Single family and multifamily residential density: maximum one unit per five acres.

H. Viewshed Protection.

(1) Any application for new development within the Historic Commons District must include a visual assessment including the following:

(a) Identify whether or not the project will be visible from the following resources and if so, what the distance between the proposed project and the resources will be:

(i) A parcel of land, including designated parkland, that is dedicated to and available to the public for the use, enjoyment and appreciation of natural or man-made scenic qualities.

(ii) A site or structure listed on the National, State or Local Registers of Historic Places.

(iii) A site or structure within a National, State or Local Historic District.

(b) Identify whether or not visibility of the project from the resources identified in (a) above will be seasonal. (c) Identify whether or not there are any visually similar projects within three miles of the proposed project.

(d) Provide visual materials illustrating the following: (i) The design of the proposed project, including elevation and materials. (ii) Views to and from the proposed project from all visible resources identified in (a) above.

(2) Any application for new development in the Historic Commons District must not result in a significant aesthetic impact on any existing place or structure within the Historic Commons District, as determined by the Planning Board based upon review of the required visual assessment, unless the Planning Board determines that such impact can be mitigated by landscaping, building design or topography.

(3) A significant aesthetic impact is defined herein as “a detrimental effect on community character including the perceived beauty of a place or structure that may cause a diminishment of the public enjoyment and appreciation of the place or structure, or one that impairs the character or quality of such a place or structure.”

SECTION 3. EFFECTIVE DATE

This local law shall take effect immediately, as provided by law.

All interested parties are invited to attend and be heard. Access to the meeting room is available to the elderly and the handicapped. Signing is available for the hearing-impaired; a request must be made to the Village Clerk at least five days in advance of the meeting.

BY ORDER OF THE BOARD OF TRUSTEESOF THE VILLAGE OF TARRYTOWN

DATED: August 18, 2014

Contact: Michael Blau, Village Administrator Tarrytown Village Hall One Depot Plaza Tarrytown, New York 10591 [914] 631-1785