1360 Albany Post Road Corp 9.24.19finalamended
site plan
6 pages
Meeting: portal event 1000 (no meeting page on file)
Agenda item: New Business — Silva, Pedro, PedraRustica Garden Supply, Inc., - 1360 Albany Post Road (67.10-2-12) Amended Site Plan for Changes to Site Layout at Garden Center
Site plan, 6 pages. Attached to agenda item: “New Business — Silva, Pedro, PedraRustica Garden Supply, Inc., - 1360 Albany Post Road (67.10-2-12) Amended Site Plan for Changes to Site Layout at Garden Center”
Retrieved 2026-04-15 from the village's meeting portal.
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Also attached to this agenda item:
1360 APR Amended Site Plan 10.24
1360 APR as-built survey 10.20.21
1360 Albany Post Road 2-10-21 fence and stone wall rendering
1360 Albany Post Road Approved Site Plan 10-9-2020
1360 Albany Post Road overall fence and stone wall rendering
NYSDOT Stop Work Order 1360 Albany Post Road 9.8.2021
Redacted Applicationpdf
Extracted text
WHEREAS, the Planning Board held a public hearing for an Amended Site Plan
application on September 10, 2019, and September 24, 2019 for 1360 Albany Post Road
Corp, hereafter known as “the Applicant.” The subject property, owned by 1360 Albany
Post Road Corp, is located at 1360 Albany Post Road in a O-1 Limited Office Zoning
District and the North Riverside Overlay Gateway District and designated on the Tax Map
of the Village of Croton-on-Hudson as Section 67.10 Block 2 Lots 12 and 13; and
WHEREAS, this amended site plan application is for a renovation of existing one-story
building and addition of second floor and proposed overhang around entire building and
associated site improvements; and
WHEREAS, this proposal is considered a Type II Action under the State Environmental
Quality Review Act (SEQRA); therefore, no Negative Declaration is required;
WHEREAS, under section 196-3(C) of the Village Code, the Planning Board is the
approving authority for the Stormwater Pollution Prevention Plan (SWPPP) and hereby
approves the Stormwater Pollution Prevention Plan, subject to the conditions specified
below.
WHEREAS, under section 208-16(C) of the Village Code the Planning Board is the
approving authority for the issuance of a Tree Removal Permit and in accordance with
section 208-16(E) of the Village Code the approval of the Amended Site Plan includes the
approval to remove trees noted on the site plan to be removed, subject to the conditions
specified below.
WHEREAS, under section 120-4 of the Village Code the Planning Board is the
approving authority for the issuance of an Excavation and Filling Permit and in
accordance with section 120-3(C) of the Village Code, the approval of the Amended Site
Plan incorporates the excavation and filling permit, subject to the conditions specified
below.
NOW, THEREFORE BE IT RESOLVED, that the Amended Site Plan application as
shown on Drawing T-1 entitled “Title Sheet Pedro Rustica Amended Site Plan“, Drawing
T-2 revised and submitted 9/20/2019, entitled “Proposed Site Plan and Amended Site
Plan”, Drawing D-1, entitled “Demolition Site Plan & Erosion Control and Details,”
Drawing S-1 entitled “Proposed Site Plan, Parking Striping, Signs & Details”, Drawing S-
2 entitled “Proposed Drainage and Grade Plan, Details & Image”, Drawing S-3 revised and
submitted 09/20/2019, entitled “Proposed Landscaping Plan, Legends & Details”, Drawing
A-1 revised and submitted 9/20/2019, entitled “Demo & Proposed Floor Plans”, and
Drawing A-2 entitled “Proposed Elevations”, all dated August 23, 2019 and last revised
September 5, 2019, and A-3 entitled “Proposed Elevations” submitted 9/20/2019 prepared
by ARQ.HT Design Group of Ossining, NY, be approved subject to the following
conditions:
1. That, the foregoing recitals are incorporated herein as if set forth at
length.
2. That, the applicant submit an application to the Zoning Board of Appeals
for a front yard setback variance for the north front corner of the
proposed overhang area in order to square off the proposed overhang
area (“Plan A”). Should the applicant not receive the requested variance,
the applicant can modify the overhang roof to maintain the required 20
foot front yard setback (“Plan B”).
3. That, the fence between the building and property line near parking spot
#8 be shifted five feet farther away from parking spot #8.
4. That, if lighting is proposed for the exterior display area, the applicant
shall return to the Planning Board for approval.
5. That, a revised set of site plans be submitted with the building permit
application that satisfactorily addresses the comments in the Village
Engineer’s memorandum dated 9/24/2019.
6. That, the plans submitted for the building permit application
substantially comply with the architectural details and exterior materials
noted on the approved site plans.
7. That, prior to issuance of a building permit, a letter from the New York
State Department of Transportation be submitted which indicates its
agreement with the proposed plan for the stone wall, fence, row of trees
behind the wall and other improvements, all located in the NYS ROW.
If in the opinion of the Village Engineer the NYSDOT requires
substantial revisions to the approved site plans the applicant shall return
to the Planning Board for approval of the revised site plans.
8. That, an updated as-built survey shall be included with the application
for a certificate of occupancy.
9. That, the sign(s) application be submitted to the Advisory Board on the
Visual Environment for their review and recommendation to the
Planning Board, and that the applicant return to the Planning Board for
final approval of the sign(s).
10. That, the Village Engineer is authorized to issue a Fill and Excavation
permit and tree removal permit prior to the issuance of a building permit.
An erosion and sediment control plan to the satisfaction of the Village
Engineer must be submitted prior to the Fill and Excavation permit
being issued.
11. That, the following conditions are established as part of the approval of
the Stormwater Pollution Prevention Plan under Chapter 196 of the
Village Code:
a. That, a copy of the SWPPP shall be retained at the site of the
land development activity during construction from the date of
initiation of construction activities to the date of final
stabilization.
b. That, no land disturbance work shall commence until the
installation of the sediment and erosion control devices has been
completed and found acceptable by the Village Engineer or his
authorized agent.
c. That, each contractor and subcontractor who will be involved in
soil disturbance and/or stormwater management practice
installation shall sign and date a copy of the following
certification statement before undertaking any land development
activity: "I certify under penalty of law that I understand and
agree to comply with the terms and conditions of the stormwater
pollution prevention plan. I also understand that it is unlawful
for any person to cause or contribute to a violation of water
quality standards." Copies of these statements shall be delivered
to the Village Engineer prior to the issuance of a building permit.
i. That, the certification must include the name and title of
the person providing the signature, address and
telephone number of the contracting firm; the address
(or other identifying description) of the site; and the date
the certification is made.
ii. That, the certification shall contain proof that each
contractor who will be involved in a land development
activity has obtained training and/or certification in
proper erosion and sedimentation control practices.
Such certification shall become part of the SWPPP for
the land development activity and shall be retained on-
site.
d. That,
the applicable
stormwater facility
maintenance,
inspection and repair requirements in section 196-9 of the
Village Code be complied with, the stormwater chambers shall
be inspected annually within 48 to 72 hours after a heavy rainfall
(1” or more) to determine that the chambers have drained. If the
chambers have not drained remedial action shall be taken to
rebuild the storm water management system and restore the
infiltrative capacity of the soil. An inspection cover shall be
provided for each chamber.
e. That, the applicant shall contact the Village Engineer at least
48 hours before any of the work inspections listed in section
196-10(A)(1) of the Village Code are required.
f. That, in accordance with section 196-10(C) an as-built plan of
the stormwater management practices shall be submitted to the
Village Engineer.
g. That, in accordance with section 196-10(F) the landowner shall
grant to the Village the right to enter the property at reasonable
times and in a reasonable manner for the inspection of the
stormwater management facilities.
h. That, in accordance with section 196-11 of the Village Code the
applicant shall file with the Village a suitable bond or other
security to cover the completion of conditions (a) through (g)
above, said bond to be filed prior to the issuance of a building
permit with amount and form of the bond to be approved by the
Village.
12. That, in accordance with sections 120-7 and 120-8 of the Village Code
the following conditions are established for the approval of the
excavation and fill work:
a. That, suitable fencing, with a minimum height of 48”, be
provided to guard any excavation greater than four feet in depth.
All gates shall be locked at all times when work is not being
performed on the property.
b. That, excavation and/or filling work shall not commence until a
building permit has been issued and erosion and sediment
control devices have been installed, inspected, and accepted by
the Village Engineer in order to prevent potential impacts to
stormwater drainage, water bodies and/or wetlands.
c. That, during construction all excavations shall be drained so that
any standing water at the bottom not be greater than one foot.
d. That, any fill from off-site shall be clean, containing no garbage,
refuse or deleterious matter, the Village Engineer shall inspect
all fill from off-site sources and may require testing, by an
approved laboratory, to determine the cleanliness of the fill.
e. That, appropriate dust-control measures shall be implemented
on-site and on access roads and any traveled areas used in
connection with any excavation and/or filling work to protect
the public and surrounding area against windblown soil and
dust.
f. That, removal of soil or other material from the ground and/or
placement of fill on the ground shall not prevent or interfere
with the orderly development of land in the vicinity, shall not
unreasonably impede traffic flow, or parking.
g. That, to prevent the earth of adjoining property from caving in
before permanent supports have been provided for the sides of
such excavation, any person causing any excavation to be made
shall provide such sheet piling, bracing or other methods as may
be necessary, plans for which are to be submitted to and
approved by the Village Engineer prior to any such excavation
being undertaken.
h. That, provisions shall be made for the temporary drainage of the
property during excavations or filling operations and for the
permanent drainage to be effective upon the completion of the
operations.
i. That, any excess soil from the excavation shall be removed from
the site immediately but in no event more than 20 days from
excavation.
j. That, all disturbed areas not hardsurfaced or mulched shall be
covered with 3” of top soil, perennial rye grass and mulch, and
be reseeded and remulched as necessary to achieve a minimum
85% grass coverage or covered with other ground cover as
shown on the approved landscaping plan.
k. That, the Village Engineer shall be notified by the next business
day if bedrock is encountered in the excavation. If hammering
is required, a rock excavation plan shall be submitted to the
Village Engineer for review and approval and shall not include
any blasting operations. The rock excavation plan shall provide
for the shortest possible timeframe for the removal of bedrock
with the goal that all bedrock removal operations be conducted
in a two to three week period as approved by the Village
Engineer. The Village Engineer may extend this period on a
day by day basis due to weather events that would not allow
reasonable working conditions. The rock excavation plan shall
also include an analysis of leaving part of the basement a crawl
space to reduce the quantity of bedrock required to be
excavated.
l. That, in accordance with section 120-7 of the Village Code the
applicant shall file with the Village a suitable bond or other
security to cover the completion of conditions (a) through (k)
above, said bond to be filed prior to the issuance of a building
permit with amount and form of the bond to be approved by the
Village.
m. That, excavation and/or filling operations shall not be permitted
between the hours of 8:00 p.m. and 8:00 a.m. Sunday through
Friday and between the hours of 8:00 p.m. and 10:00 a.m.
Friday through Sunday.
n. That, there shall be no on-site processing of fill or excavated
soil or the erection or use of any structure for such processing
however, power equipment for the purpose of filling and
excavation is permitted.
o. That, the Planning Board reserves the right to impose additional
reasonable conditions related to the excavation and filling
operations during the terms of this approval if in its opinion such
additional reasonable conditions are necessary.
p. That, the approval for excavation and/or filling operations shall
be valid for a period of one year starting on the date of issuance
of the building permit and subject to termination or renewal as
specified in section 120-10(A) of the Village Code.
q. That, any revision to the work covered by the approval of the
excavation and or filling work shall be reviewed by the Village
Engineer and if determined to be a substantial revision a
submission of a new application to the Planning Board shall be
required.
r. That, following the completion of the work the applicant shall
submit a certification of completion by a NYS licensed design
professional to the Village Engineer. The Village Engineer may
require the submission of an as-built survey.
s. The approval for excavation and filling operations may be
suspended or revoked and stop work orders issued as set forth
in section 120-10(E)-(G) of the Village Code.
13. That, in accordance with sections 208-18 and 208-19 of the Village
Code the following conditions are established for the approval to
remove trees:
a. That, replacement trees and shrubs be planted on site as
shown on the approved site plan.
b. That, if any of the trees noted on the plan to be saved are
unintentionally damaged during construction, the applicant
will replace such trees with a tree of 3.5” minimum caliber
with the species to be approved by the Village Engineer.
c. That, the trees to remain shall be protected with tree trunk
armor and/or root zone protection as shown on the site plans
listed above or as required by the Village Engineer.
d. That, in accordance with section 208-19(A) of the Village
Code the applicant shall file with the Village a suitable bond
or other security payable to the Village to cover the
completion of conditions (a) through (c) above, said bond to
be filed prior to the issuance of a building permit with
amount and form of the bond to be approved by the Village.
e. That, tree removal operations shall not be permitted
between the hours of 8:00 p.m. and 8:00 a.m. Sunday
through Friday and between the hours of 8:00 p.m. and
10:00 a.m. Friday through Sunday.
f. That, any stumps remaining above grade shall be removed
to less than two feet.
g. That, in the case of a tree destroyed or removed illegally,
another tree or trees of comparable size, species and/or value
be replanted at the expense of the property owner for each
tree removal.
h. That, within 30 days after the completion of all tree removals
the Village Engineer shall be notified of such completion.
i. That, the approval to remove trees shall be valid for the term
of amended site plan approval and shall terminate upon the
issuance of a certificate of occupancy.
Unless a building permit is issued and work is commenced and diligently prosecuted within
three years of the date of the resolution approving the site plan, such site plan shall become
null and void. Any application for an extension of site plan approval shall be made six
months prior to the expiration date.
The Planning Board of the Village of
Croton-on-Hudson, New York
Robert Luntz, Chairperson
Bruce Kauderer
Steve Krisky
Geoffrey Haynes
Richard Zumbach
Motion to approve by Mr. Zumbach, seconded by Mr. Haynes and carried in favor by a vote
of 3 to 0.
Resolution accepted at the meeting held on Tuesday, September 24, 2019.
Machine-extracted for search and reference — the original PDF is the authoritative version.