1 25 5 https://sleepyhollow.localarchives.org/files/original/c42411ebe0a26a1765b60766c6dcdddd.pdf 8191a1bd066c9c64017cd0372c10df97 PDF Text Text C O U N S E L O R S AT LAW 56 M A L C O L M M . R O Y (1922-I960) MAIN STREET s^i^g^M^t- Y-7-zy I R V I N G T O N - O N - H U O S O N , N. Y. J 0 5 3 3 MALCOLM DUNBAR ROY DONALD M. D. ROY ROBERT TELEPHONE: 5 9 1 - 7 7 2 2 AREA CODE 91<4 S. O. ROY August 26, 1977 The Mayor and Board of Trustees Village of North Tarrytown Municipal Building 28 Beekman Avenue North Tarrytown, New York 10593 Re: Philipse Avenue Gentlemen: This office represents Douglas D'Arpino of 21 Devries Avenue, North Tarrytown, New York, who is the owner of property on Highland Avenue which includes the bed of Philipse Avenue (a paper street only) as shown on certain Philipse Manor subdivision maps and is also on the Official Map of the Village of North Tarrytown. Sometime in the late 1940's the Town of Mount Pleasant and the Village of North Tarrytown assigned tax designations, forclosed tax liens and then sold the bed of Philipse Avenue, mainly to adjoining property owners. The parcel in question with which our client is concerned is presently shown on the Tax Assessment Map as Lot 5 Block 22 Section 14. This parcel was acquired by John Fiala, then sold to Erwin and Mildred Alisch and it was acquired by Mr. D'Arpino in June of 1976. Mr. D'Arpino is the owner of real property on either side of this parcel and wishes to create a building plot which would meet all of the zoning requirements presently existing in the Village of North Tarrytown. In order to do this it will be necessary to have your board under the procedure set forth in Sec. 7-724 of the Village Law remove the paper street from the official map of the Village of North Tarrytown. At this time we are requesting you as the Board of Trustees to remove Philipse Avenue from the Official Map for the following reasons: 1) It is highly doubtful if the Village of North Tarrytown would e\er construct a road paralleling Broadway, distant 150 feet Westerly for some five blocks, as it would create an island of homes bounded on one side by Broadway and on the other side by Philipse Avenue, and �f ROY AND ROY PAOC create a road with no defined starting or stopping point. 2) Since the Town of Mount Pleasant and the Village of North Tarrytown conveyed the fee to Philipse Avenue in order for the Village of North Tarrytown to reacquire the fee of Philipse Avenue it would be necessary for them to enter upon a long and costly condemnation proceeding. 3) The Village of North Tarrytown would by the beneficiary as would the Town of Mount Pleasant and the school district from increased tax revenues obtained from one family residences that could be constructed on lots such as the one owned by Mr. D'Arpino. 4) The Village of North Tarrytown to be consistent should have removed this paper street, Philipse Avenue, from the Official Map concomitant with making tax parcels of sections of Philipse Avenue. 5) The retention on the Official Map of Philipse Avenue as a paper street never to be built, serves no legitimate governmental purpose. We hope that your board will take the appropriate action to initiate the removal of Philipse Avenue from the Official Map and we are prepared to meet with you, or your designated representatives, as soon as possible to effectuatethis. Very truly yours, ROY and ROY By DMDR/s>k � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Planning Board Minutes & Resolutions-1977 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_PLAN_1977-08-26 Subject The topic of the resource Planning Board Minutes & Resolutions-1977 Date A point or period of time associated with an event in the lifecycle of the resource 1977 https://sleepyhollow.localarchives.org/files/original/d9eaff14637a9f4a4a263f23ba26eb68.pdf 453ba09cd50fc0b01021880913fd4216 PDF Text Text 10 August 1977 Mr. Frank Caro 262 Kairington Ava. No. Tarrytown, N.Y. Daar Mr. CaroL At a regular maating of tha Board of Truataaa hald on August 8, 1977, you vara appointed to fill tha unexpired term of Frad Fredericks on tha Planning Board. Expiration data will ba tha first Monday of April, 1981. Sincerely, Filomena Fallacaro Clerk � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Planning Board Minutes & Resolutions-1977 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_PLAN_1977-08-10 Subject The topic of the resource Planning Board Minutes & Resolutions-1977 Date A point or period of time associated with an event in the lifecycle of the resource 1977 https://sleepyhollow.localarchives.org/files/original/ff3599f4a06d73c0bb7438d85c65012b.pdf 6fdc2673a11c96b315315bc6215309c0 PDF Text Text DEMETRIOS CARALEY July 15, 1977 Mr. Douglas D'Arpino 21 Devries Avenue North Tarrytown, New York 10591 Dear Mr. D'Arpino: The North Tarrytwon Planning Board deliberated about your situation at its meeting of July 14. It is the judgment of the Planning Board that inorder to achieve your objective you must do at least three things: 1. Apply to the Planning Board for permission to subdivide the lot marked "C" in your map of the property. Ihis is required in order to split the 26 to 30 foot strip off from the existing lot. The procedures for applying for subdivisions are spelled out fully in the Code of the Village of North Tarrytown. Among other things, before permission can be granted a public hearing must be held. 2.Apply to the Board of Trustees for a change in the offical map to remove the so-called paper street, formerly Fhilipse Avenue. The Board of Trustees will in turn refer the request to the Planning Board for advice. 3.Apply to the Planning Board for permission to join the units of land represented by the 26 to 30 foot strip, if such subdivision is approved, and the unit of land represented by the paper street, if the official map is changed, and create a building lot. The legal issues are sufficiently complex that I suggest you have your attorney be in touch with Village Counsel Friou about the detailed nature of the submissions that need to be made. I too am, of course, always available to you and your attorney for informal discussion about how to proceed. 'Demetrios Caraley V —*, Chairman, No. Tarrytown Pinning Bd. Copies to:Mr.Gasparovic Mr.Jelenek Mr. Windas Attorney Friou Mayor McBride Clerk Pallacaro � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Planning Board Minutes & Resolutions-1977 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_PLAN_1977-07-15 Subject The topic of the resource Planning Board Minutes & Resolutions-1977 Date A point or period of time associated with an event in the lifecycle of the resource 1977 https://sleepyhollow.localarchives.org/files/original/4c18e9bc9b411eb1eda9565f59c7fd23.pdf da8241fa41e5e15e24031e55e7f6d1ac PDF Text Text The Planning Board of the Village of North Tarrytown, met on Wednesday, December 14, 1977, at 8:00 P.M. in the Municipal Building, 28 Beekman Avenue, North Tarrytown, N.Y. Present: Demetrios Caraley, Chairman Francis Caro Anthony Gasparovic Joseph Jelenek, Jr. Roman Windas Robert Friou, Village Attorney Robert Wright, Village Assessor The meeting was called to order by the Chairman and the acting clerk read the Public notice. Mr. Caraley made every one aware, by pointing to the official village map, the area of the so called paper street. Mr. Donald Roy, counselor for Mr. Douglas D'Arpino, presented a short history of the so called paper street, Philipse Avenue. The street appeared on the official maps on file in the Westchester County offices but the developers of Philipse Manor and the Village of North Tarrytown decided not to have the avenue opened. Mr. Roy then read from his letter of August 26, 1977, reasons why the village should remove Philipse Avenue from the official map of the village. (Letter enclosed). In 1951, the village changed the assessment on this property for each individual (originally from $100 to $700). A resident of Philipse Manor, Mr. Morse, started a legal action against the village and the assessment was reduced to its present level. The Supreme Court asked that this assessment remain as is while Philipse Avenue remains a paper street. Thus the Supreme Court established a "token" assessment. Mr. Caraley then presented to the other members of the board and to the audience the attached "projected assessments" if the paper street was removed. The floor was opened to discussion: Mr. Brown - If the paper street is removed from the official map then the property is no longer covered by "token assessment" and then my assessment could be raised. If I had known of this, I would never have purchased my house. This was never explained to me. Mrs. Deely - We purchased our house and the extra lot in 1951. We were told this Philipse Avenue was �-2not developed so that land could be used to allow utilities (water and gas) to go up to Broadway. Mr. Finn - Mr. Wright, what benefit would all the increased taxes come to? The increase in taxes would not be that much. The only one benefiting by it would be the land speculator. Mr. Wright - The small amount of land between two neighbors (owner) does not warrant removing the paper street. Letter by Grace Brannigan read by Mrs. Blumenfeld. Letter attached. Mr. Abrams on - The "street" should be left as is. I am concerned with the destruction of the environment and the loss of distance between neighbors. Mr. McGough - I do not have property attached to the "paper street" but I am interested in what changes it would create in the appearance of the area, by building so many houses so close together. Mr. McGough also asked the assessor about the projected tax schedule and wanted to know about permanent assessment rights. Mr. Friou - The state law has adopted the map with certain additions such as a paper street. No one can build on the land unless given permission by the Village. An easement would give the Village the right to put a street there. An easement is based on a title report. Mr. Roy - - An easement such as was given to General Motors for water rights. Mr. McGough - Would the whole street (Highland Ave.) be affected by this? (building a house on the paper street). Mr. Caraley - We are only here to change the map. Mr. McBride - Presented a letter by Perry & Mary Verrone. Letter enclosed. Mr. Ruscigno - Building a house on this property would only create an eyesore. Mr. Ballarino - President of the Philipse Manor Improvement Association - I have had no time to poll the members of the Association concerning their feelings regarding this matter but I am mainly concerned with the quality of life in Philipse Manor. �-3Mr. D'Arpino - The house to be built would have to meet all the requirements of zoning. There are only two pieces of property on the paper street large enough to have houses built on them. I am only interested in the lot on Highland Ave. Development of this property would increase the value of the other houses. Mr. Caraley -- The people next to this paper street have the best of two worlds - extra space and low taxes (detracting influence). The Village would not allow houses to be built on small lots (village zoning laws). However, the recent Supreme Court decision in Mt. Kisco may change things. As Chairman, I must present all the factors. Zoning laws are made by the Village but they can be overturned. Mr. Blumenfeld - Mr. D'Arpino is only building this house because he owns the two houses on either side of the property. He wants to shave off oarts of each to build this house. Mr. Roy - - - Mr. Friou, can a village have such a paper street on a village map solely to protect owners? A street would be more distracting than a house. A village could change its mind and build a street there. Mr. Caraley - In 1951, the Supreme Court ordered the assessment reduced because this paper street was considered a legitimate road. Does the village have the burden of proof to show that this should be maintained as a street? Mr. Rov - - - The question should be how are assessments made. Year by year? or committed for longer lengths of time: Mr. Wright (assessor) The village increased the assessment but was ordered, by the court, to lower the assessments. Mr. Finn - - - Could the village research the original case and see what the reasons were why the assessments were lowered and if the village could raise them. Mr. McGouph - - Could I have the case number and site number of the case? The discussion ended and the hearing was closed at 9:00 P.M. Mr. Caraley then polled the board members. The decision was 3 to 2 in favor of eliminating the paper street. Joseph Jelenek - the village has no intent in building a road - PhiliDse Avenue. �-4Eliminate the street from the official village map and let the people use the land as they wish. Anthony Gasparovic - We have to determine the best of two evils. The road is not needed or wanted. A road will cost a lot to build and maintain. Let the land be developed so that we can get the tax revenues. If a road was to be built it would create an island between two strips. Francis Caro - I am very concerned with the environment. However, I feel the landowners on either side of this paper street have been getting the benefit of extra space without paying the assessment that other people in the Manor have who have extra property. They are maintaining these extra spaces and are paying assessments on them. It's extremely unlikely that the village would build a street. Roman Windas - I am against elimination of the paper street because the tax rate would be minimal. Sustain the street for what it was intended. Mr. Caraley - The tax hike would hit many through no action of theirs. I am against, building up the area. The Planning Board has/cne final decision but the Board of Trustees have to change the official map. I agree with Mr. Windas. Equities are against change. I will report to the Board of Trustees. Before leaving the hearing room Trustee Emily Spaulding hand delivered a letter to each Planning Board member. There were no extra copies, so none was given to the acting clerk. Trustee Spaulding's letter requested permission from the Planning Board to allow the Manor railroad station to become a residence. Mrs. SDaulding cited the vandalism and that the only way to stop it would be to have someone live on the Droperty. There was also the possibility that that Derson could serve coffee in the morning to the commuters. Mr. Ballarino, as President of the Philipse Manor Improvement Association, I believe that the only way to stop the vandalism at the station is to have someone reside there. The Association is interested in restoring the station. Mr. Jelenek: Who would be responsible for the person? Mr. Caraley: No one would be responsible. The area is already zoned for residence and this would onlv be another residence. It �-5would only have to conform to residential requirements. Mr. Gasparovic-Mrs. funding for this. Would enough trouble with that there? It might open up Housing. Spaulding : You say we could get Federal this be Federal Housing Money? We have had already. Would we subsidize someone to live the whole of Philipse Manor to Federal Mrs. Spaulding: Federal money would only be used to restore the station. Also the Historical Society is interested in restoring the station. Mr. Windas: Is the station in a residential section since it is on the west side of Riverside Drive? Mr. Caraley-Mr. Friou: and needs further research. We agree that this is a good question Respectfully submitted, Florence Kane Acting Clerk �VILLAGE OF NORTH TARRYTOWN INTERNAL MEMORANDUM Members of the Planning Board From D. Caraley, Chairman Subject Correction min. of 12/14/77 - page 4 Date 1/5/78 Kindly correct minutes regarding statement made by me as follows » Mr Caraley - * * * * * * * * * * * *** The Planning Board has not the final decision, etc (Minutes read: The Planning Board has the final decision, etc.) Report to the Board will follow. �/> -/*/ ~wf / fb^J- JciwA 4SUom*~ 4M*rf*** /MA, o# tldu*i<0 <^ / ^ * * 4 �Oft JjceJ^ru*^ ^ * ' £-*-<sC~?4*£«i J[ A^y^cJU J ZtZmt*^-^tttvC /C^yr^^ £^u> v/f^TCgLi.. ^ /^U^\ O^^yu^^ < ^**^>760L<, �PUBLIC NOTICE VV\ VILLAGE OF NORTH TARRYTOWN PLEASE TAKE NOTICE that the Planning Board of the Village of North Tarryto-wn will hold a public hearing on Wednesday, December 14, 1977, at 8:00 P.M. in the Municipal Building, 28 Beekman Avenue, North Tarrytovn, N.Y., to consider an application of Douglas D'Arpino to have changed the official map of North Tarry town so as to remove the so-called paper street, Philipse Avenue, which runs north and south parallel to route 9 in Philipse Manor. If this change is made, the detracting influence on the parcels of property forming the bed of Philipse Avenue will be removed and the value of these parcels for tax purposes will be increased and the environmental character of the parcels will be affected if structures are built upon them. All taxpayers, residents and parties in interest are entitled to appear and be heard at said hearing. By Order of t"he Planning Board Dated: December 7, 1977 Filomena Fallacaro Village Clerk A �� Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Planning Board Minutes & Resolutions-1977 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_PLAN_1977-12-14 Subject The topic of the resource Planning Board Minutes & Resolutions-1977 Date A point or period of time associated with an event in the lifecycle of the resource 1977 https://sleepyhollow.localarchives.org/files/original/4785bc24445d4527a755149651f46d1e.pdf c8a145630b4fdd9898b53a4b65334b61 PDF Text Text 5 October 1977 Mr. Donald Roy 56 Mein Street Irvlngton, New York Dear Mr. Roy: Please be advised that your letter of August 26, 1977 on behalf of Doubles D'Arpino regarding Phillpse Avenue was read at a regular meeting of the Board of Trustees held on October 3rd and was referred to the Planning Board for study. Sincerely, Filomena Fallaearo Clerk �DEMETRIOS CARALEY October 5, 1977 Roy and Roy Counselors at Law 56 Main Street Irvington-on-Hudson, New York 10533 Gentlemen: The mayor and board of trustees of North Tarrytown referred your letter of August 26 to them, to the Planning Board for recommendation. As you may know, I am the chairman of the Planning Board. I intenjd to proceed by having the chairman of the board of assessors or some other village officer assemble for the Planning Board information about all the properties that would be affected if the official map were to be changed and the so-called paper street, Philipse Avenue, removed. I am sure you realize that there are widespread ramifications if the street were removed from the official map, since it runs the length of Philipse Manor and much more than just Mr. D'Arpino's property would be involved. Once we have this information gathered, the Planning Board will meet to discuss the various issues and try to agree on a recommendation to the board of trustees. We will, of course, notify you of that meeting when it is set. If you, yourself, have any more information bearing on the merits or implications of your request, please make that available as soon as possible so that the members of the Planning Board can have it to study before the actual meeting is held. Sincerely oxiit;t?xt;xy yours. y u u r o , -. Demetrios Caraley /^~j~ Chairman, No. Tarrytown Pla£»±ng Bd Copies to: Mayor McBride Clerk Pallacaro Attorney Priou Members of the Planning Board Mr. Wright � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Planning Board Minutes & Resolutions-1977 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_PLAN_1977-10-05 Subject The topic of the resource Planning Board Minutes & Resolutions-1977 Date A point or period of time associated with an event in the lifecycle of the resource 1977