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                    <text>North Tarrytown, New York
January 16th, 1992

REGULAR MEETING

A regular meeting of the Planning Board was held on
the above date at Village Hall, North Tarrytown, New York.
PRESENT:

James Galgano, Chairman
Richard Ayers
Roman Windas
Edward McCarthy

ABSENT:

Steve Baderian
Ellen Tsangaris
Steve Salman

ALSO PRESENT:

Robert Spencer, Village Attorney
James T. Margotta, Building Inspector
Thomas Gissen, Planning Consultant

Chairman Galgano called the meeting to orer at 8:20 P.M.
1.

Public Hearing: HUdson Canyon Constr. 2 81 No. Broadway,
Changing use to office space.

Clerk read the public notice to hear and consider an
application by Hudson Canyon Construction Co. for site plan
approval for the renovation and rehabilitation of premises
at 281 North Broadway, North Tarrytown (Section 15, Block 14,
Lot 16 on the tax assessment map of the Village of North
Tarrytown).
Mr. Gissen stated that he had discussion with the
contractor and were close to an agreement.
After a discussion Mr. Windas moved, seconded by Mr.
Ayers that the hearing be continued to the next meeting.
Carried.
2.

Phelps Memorial Hospital, North Broadway-Continued.

Mr. John Hughes, representing Phelps Memorial Hospital
presented Affidavit of Service of Papers by Mail, designating
lead agency and site plan application. (Copy in official minutes)
Mr. Gissen presented memorandum dated January 13th, 1992
designating
the Planning Board as lead agency, requesting
additional information from the applicant regarding revisions,
so that the Planning Board could make a negative or positive
declaration with regards to a determination of significance.
(Copy of memorandum in official minutes).
Discussion followed regarding the sub-division of the
property, additional parking, etc.
Mr. Gissen recommended that the board hold up on the
declaration until all requirements have been submitted.

&lt;•?'

�-2Mr. Hughes stated that the Hospital would like to
have the declaration as soon as possible. He stated he would
get the information in draft to the Engineer and Planner before
the next meeting.
He stated that he would have to research the matter
of sub-dividing hospital property and the way it is handled
by other municipalities.
Mr. Windas stated the Board would like plans showing
character of the building, walkways and footprint of the
proposed builsing so that the project would not be criticized.
He felt that the project should hot be a lingering project.
Mr. Hughes stated that the request for Recreational
Feesibased on a per parking space would wreck the project.
It would be financially impossible to complete the project if
the hospital had to pay $1,000. for each parking space.
It was the concensus of the Board that Mr. Hughes would
have to appeal to the Village Board of Trustees for exemption
of the fee.
After a discussion, Mr. Windas moved, seconded by
Mr. McCarthy that the matter be continued at the next meeting.
Carried.
3.

Puhlic Hearing: Antonio Rodrigues, 358 No. Broadway,
Cabinet Mfg.-Subject to Zoning Board Approval.

Chairman Galgano stated there was no one present
representing Mr. Rodrigues, therefore there would be no
hearing.
HINUTES;I
Mr. Windas moved, seconded by Mr. McCarthy that the
minutes of the November 21st, 1991 be approved as corrected.
Carried.
Mr. McCarthy moved, seconded by Mr. Windas that the
minutes of the December 19th, 1991 meeting be approved as
submitted. Carried.
There being no further business to come before the
Board, Mr. McCarthy moved, seconded by Mr. Ayers that the
same be duly adjourned. Carried.
Respectfully submitted,
Irene Amato
Acting Clerk

�A

i

C 3 2 1 ^Affidavit of Service of Papers by Mail.
• Affirmation of Service by Mail on Reverse Side.

COPYRIGHT iBBS BY J U L I U S QUUMBERG, INC.. LAW BLANK PUBLISHERS &gt; Jj

Index No.

I £*-&lt;-«/&amp;««&gt;-»

In the Matter of
Phelps Memorial Hospital

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AFFIDAVIT
BY

OF SERVICE
MAIL

wteinnnt
STATE

OF NEW YORK, COUNTY OF WESTCHESTER
The undersigned being duly sworn, deposes and says:
Deponent is not a party to the action, is over 18 years of age and resides at
O s s i n i n g , New York

ss.:

801 P i n e s b r i d g e Road

That
on

December 5,
19 91 deponent served the annexed n o t i c e of l e a d
agency d e s i g n a t i o n , s i t e p l a n a p p l i c a t i o n ,
0/7
t h e a t t a c h e d l i s t of New York S t a t e , W e s t c h e s t e r County and l o c a l m u n i c i p a l a g e n c i e s
in this action at
t h e a d d r e s s l i s t e d below t h e name of t h e agency
the address designated ^*OTVft^aWMWfrjk for that purpose by depositing a true copy of same enclosed
in a postpaid properly addressed wrapper, in-~j&amp;fiQ9t*&lt;*i£8**-official depository under the exclusive care
and custody of the United States Postal Service within the State of New York.
Sworn to before me

lU/92-

'F

•*•«•« |

r/&lt;7\r

�Mailing Date:

December 5, 1991
VILLAGE OF NORTH TARRYTOWN
ENVIRONMENTAL QUALITY REVIEW
SEQRA LEAD AGENCY DESIGNATION

Please take notice that this is a notice designating the Planning
Board of the Village of North Tarrytown as the Lead Agency for the
purposes of Article 8 (State Environmental Quality Review Act) of
the Environmental Conservation Law for the following proposed
action:
Construction of a medical office
building at Phelps Memorial Hospital
Center, Route 9, North Tarrytown,
New York. The proposed building will
consist of approximately 60,000 square
feet, will be 4 stories high and will
accommodate office space for approximately
30-40 physicians and an outpatient
radiology suite.
Please be advised that the Planning Board has directed the
preparation of the attached Environmental Assessment Form.
The office of the Lead Agency is located at:
Village of North Tarrytown
2 8 Beekman Avenue
North Tarrytown, New York

10591

Contact: William T. Regan, Environmental Review Officer, at the
above address or by telephone at 914-631-1440 for information
concerning this matter.
cc:

Mayor Rey and Board of Trustees
North Tarrytown Planning Board
North Tarrytown Zoning Board of Appeals
Counsel Robert Spencer

�INVOLVED AGENCIES:
Thomas Jorling, Commissioner
New York State Department of Environment Conservation
50 Wolf Road
Albany, NY 12233
NYS Department of Environmental Conservation
Department of Regulatory Affairs
21 South Putt Corners Road
New Paltz, NY 12561
Mr. Al Dickson, Regional Director
NYS Department of Transportation
4 Burnett Boulevard
Poughkeepsie, NY 12603
John H. Kennedy, Regional Director
New York State Office of Parks, Recreation &amp; Historic Preservation
Taconic Region
P.O. Box 308
Staatsburg, NY 12580
Ms. Lynn Oliva, Acting Commissioner
Westchester County Planning Department
County Office Building, Room 432
148 Martine Avenue
White Plains, NY 10601
Mr. William Borghard, Commissioner
Westchester County Department of Environmental Facilities
County Office Building, Room 400
148 Martine Avenue
White Plains, NY 10601
Mr. John Muenzinger
Director of Natural Resources
Department of Planning
County Office Building, Room 412
148 Martine Avenue
White Plains, NY 10601
Ms. Louise Doyle, Senior Engineer
Board of Environmental Quality
Westchester County Health Department
112 East Post Road
White Plains, NY 10601
Town of Mount Pleasant
One Town Hall Plaza
Valhalla, NY 10594
Architectural Review Board
Village of North Tarrytown
2 8 Beekman Avenue
North Tarrytown, NY 10591

�Jerome Fine, Commissioner
North Tarrytown Zoning Board of Appeals
28 Beekman Avenue
North Tarrytown, NY 10591
William T. Regan, Administrator
North Tarrytown Board of Trustees
28 Beekman Avenue
North Tarrytown, NY 10591
Jim Haggerty
United States Army Corps of Engineers
26 Federal Plaza
New York, NY 10278-0090

�FREDERICK P. CLARK ASSOCIATES, INC.

David J. Portman.

Planning/Development/Environment/Transportation
Rye. New York and Southport. Connecticut

Frederick E. Wiedle, AICP
Howard I Reynolds, nr
David H. Stolman. MCP

350 Theodore Fremd Avenue
Rye. New York 10580
(914) 967-6540
FAX (914) 967-6615

MEMORANDUM

Michael A. Galante
Joanne P. Meder. Ai-rr
Jim
Donovan, RLA. ASLA

.

To:

North Tarrytown Planning Board

Date:

January 13, 1992

Subject:

Hudson Canyon Construction II - North Broadway - Site
Plan Approval

I.

Introduction

The purpose of this memorandum is to provide our analysis of the
revised plans for the proposed renovation of an existing structure
located at 281 North Broadway, as identified on plans entitled,
"281 North Broadway Renovation Hudson Canyon Construction Inc.,"
prepared by Francis X. Arvan, Architect, dated November 8, 1991 and
last revised January 7, 1992.
We previously reviewed an earlier version of this plan in our
memorandum of November 19, 1991 entitled, "Hudson Canyon
Construction - 281 North Broadway - Site Plan Approval."
Our
previous memorandum detailed a number of variances and/or approvals
that might need to be granted by the North Tarrytown Zoning Board
of Appeals (ZBA) with regards to the proposed application (i.e.,
variances for use, driveway width and setbacks, as well as approval
of the provision of required parking on a lot other than that
supporting the principal use). It is our understanding that the
necessary variances and approvals have been secured from the ZBA.
This office's November 19, 1991 memorandum also detailed
information and/or plan revisions that were needed to address site
planning issues associated with the site's parking, lighting and
buffering.
The remainder of this memorandum is devoted to
addressing those site planning issues.
II.

Analysis
A.

Parking and Loading Requirements

1.
Loading Space:
The applicant has revised his plan to
provide one conforming loading space, as required by § 62-

�FREDERICK P. CLARK ASSOCIATES, INC.
Planning /Development/Environment/Transportation

that there does not exist the reasonable likelihood for potentially
significant environmental impacts associated with this application.
A negative declaration would also terminate the SEQR review
process.
Pending the submission of additional information, this concludes
our comments at this time.
Thomas Gissen, AICP
Associate/Planning
cc:

Mayor Frank Rey
William Regan
James Margotta
Joe Gulino
Irene Amato
Robert Spencer
John Hughes

500\not2-001.tg

2

�FREDERICK P. CLARK ASSOCIATES, INC.
Planning/Development/Environment/Transportation
Rye, New York and Southport, Connecticut
350 Theodore Fremd Avenue
Rye, New York 10580
(914) 967-6540
FAX (914) 967-6615

David J. Portman, AICP
Frederick E. Wiedle, AICP
Howard I. Reynolds, PE
David H. Stolman, AICP
Michael A. Galante
Joanne P. Meder, AICP
Jim Donovan, RLA, ASLA

MEMORANDUM
To:

North Tarrytown Planning Board

Date:

January 13, 1992

Subject:

Phelps Memorial Hospital - Medical Office Building - Site
Plan Approval
,

Since the submission of our November 19, 1991 memorandum of review
entitled, "Phelps Memorial Hospital - Medical Office Building Site Plan Approval," the only new submission by the applicant has
been a completed Full (long Form) Environmental Impact Statement
(EAF).
It is our understanding that the EAF, along with a notice
designating the North Tarrytown Planning Board's intention to be
lead agency, was distributed on December 5, 1991 to all identified
involved and interested agencies.
Consequently, assuming the
Village has received no objections from any other involved agency,
the Planning Board should officially declare itself lead agency at
the January 16, 1991 Planning Board Meeting.
There remains some outstanding information and/or plan revisions
that must be provided by the applicant before the Planning Board
will be in a position to make a determination of significance with
regards to this application's compliance with the requirements of
the State Environmental Quality Review Act (SEQR).
This
information has been previously detailed in the November 19, 1991
memorandum of review from this office, as well as in memorandums
from the office of the Village Engineering Consultant and during
the Planning Board hearing process.
We would recommend that the applicant provide all information
previously requested so that the Planning Board can make a negative
or positive declaration with regards to a determination of
significance.
A positive declaration would indicate that the
Planning Board, acting a lead agency, believes that there exists
the potential for significant environmental impacts associated with
this application and that a Draft Environmental Impact Statement
(DEIS) should be prepared to address those areas of potentially
significant environmental impacts.
Conversely, a negative
declaration would indicate that the Planning Board is satisfied

�FREDERICK P. CLARK ASSOCIATES, INC.
Planning / Development /Environment/ Transportation

14.A.(2) and § 62-14.F. of the Code of the Village of North
Tarrytown (the Code).
2.
Handicapped Parking Space:
The applicant has revised
his plan to comply with the New York State Building Code
requirement that handicapped parking spaces maintain sixteen
feet of width, with an eight-foot wide aisle and an eight-foot
wide parking area. We would only recommend that the plan be
amended to show the required handicapped parking aisle area as
being that area adjacent to the structure's stairway.
3.
Apartment Parking Need Generation:
As
previously
requested, the applicant should specify the number of bedrooms
in the site's two apartments so as to provide the necessary
information to calculate parking need.
B.

Lighting

A lighting plan, inclusive of calculated foot candle
measurements at the property line (not to exceed one and onehalf foot candles at the property line) should be supplied.
C.

Buffering

The applicant has amended his plan to provide for a five-foot
high ceder stockade fence around the perimeter of the parking
area.
We would recommend that the plan be amended to
designate that the finished side of the fence face the
adjoining residential uses.
III. Pending the submission of the information and plan amendments
identified above, this concludes our comments at this time.
Thomas Gissen, AICP
Associate/Planning
cc:

Mayor Frank Rey
William Regan
James Margotta
Joe Gulino
Irene Amato
Robert Spencer
T. Muldon

500\not2~003.tg
2

�FREDERICK P. CLARK ASSOCIATES, INC.
Planning/Development /Environment /Transportation
Rye. New York and Southport. Connecticut

David J. Portman, -ucr
Frederick E Wiedle. Aicr
Howard I Reynolds, rr
David H Stolman, AICP

350 Theodore Fremd Avenue
Rye. New York 10580
(914)967-6540
FAX (914)967-6615

Michael A. Galante
Joanne P. Meder, -xirr
Jim Donovan, RLA. ASLA

MEMORANDUM
To:

North Tarrytown Planning Board

Date:

January 13, 1992

Subject:

Proposed Antonio Cabinetry Shop - North Broadway

I.

Introduction

Subsequent to the submission of our December 30, 1991 memorandum of
review entitled "Antonio Cabinetry - North Broadway," the applicant
revised his plans to address some of the concerns we raised. The
revised plans include the following:
"Proposed Antonio Cabinetry," prepared by Contadino
Architects, dated December 19, 1991 and last revised
January 2, 1992.
"Antonio Cabinetry," prepared by Contadino Architects,
dated January 2, 1992.
We will not endeavor to fully repeat here all of our comments from
the December 30, 1991 memorandum. However, we will now briefly
review any previously identified areas of concern that have not
been adequately addressed in the applicant's revised plans.
II.

Analysis
A.

Required Variances

As further detailed in our memorandum of December 30, 1991, a
number of variances will be required in order for this
application to move forward. Specifically, a use variance for
the proposed manufacturing/wholesale uses will be required, as
will be bulk variances for deficient front and rear yard
setbacks.
The applicant also submitted a letter of December 24, 1991
detailing the nature of the proposed showroom use and

�FREDERICK P. CLARK ASSOCIATES, INC.
Planning / Development/ Environment / Transportation

limiting, to five, the number employees that will be allowed
to work at this site. Consequently, our concerns regarding
the site's numerical parking demand have now been met.
(However, as detailed below, we remain concerned about the
tight parking layout and deficient parking space sizes.)
Also, the note on the plan stating, "Total parking provided
excluding shared parking," should either be further explained
or eliminated. It is not clear what, if any, uses are sharing
what parking or how this affects the site's ability to meet
its numerical parking demand.
B.

Performance Standards

As previously detailed, this use is regulated under the
Special Permit standards of the Code of the Village of North
Tarrytown, as articulated in § 62-16. This section identifies
specific potential impacts (e.g. atmospheric pollution, odors,
liquid and solid waste, noise, vibration and electrical
interference) that must be examined and mitigated to the
maximum extent practicable in order for the special permit to
be granted. Apparently in response to our last memorandum,
the applicant added some brief notes to the plan indicating
their belief that no impacts identified in § 62-16 would
extend beyond the site's property lines.
Notwithstanding
these site plan notes, we remain concerned that this use may
result in neighboring properties being affected by several of
the impacts identified as areas of concern in § 62-16.
For example, it seems reasonable to expect that a furniture
shop would use paints and varnishes as well as power tools.
Consequently, information on the types of ventilation that
will be employed on the site should be supplied so that the
Planning Board can make a determination as to the potential
impacts, if any, to adjoining neighbors that may be involved
in the venting of fumes and odors or in the noise of
ventilation equipment itself. Also, if the structure does not
have air conditioning within the work areas, it seems
reasonable to expect that windows and doors would be left open
during the warmer months. This could be expected to result
in the release of noise, odors and fumes to adjoining
residential and commercial properties.
Furthermore, the
disposal methods that will be employed for paints, varnishes
and other potentially hazardous materials should be supplied.
C.

Transitional Use

Because the use is proposed for a lot that abuts residential
properties within a residential district, the applicant is
2

�FREDERICK P. CLARK ASSOCIATES, INC.
Planning/Development/Environment/Transportation

required to provide for buffering as detailed in § 62-9.C.
While we agree with the applicant that a fence would serve no
buff ering v purpose on this property and that the natural
vegetation on the property should remain, we feel that the
permanent protection of this existing vegetated buffer area
should be ensured through the addition of a site plan note
identifying all. existing vegetated areas as, "Vegetative
buffer areas -to be permanently maintained in their natural
state. '••
D.

ParkinaL Layout

As detailed in our December 3Q, 1991 memorandum, and as
further noted in the January 7, 1991 (sic, probably 1992)
letter of review from the Westchester County Planning Board,
the site's parking layout is tight and some parking spaces are
deficient.. We urge that the parking layout be improved, as
the existing layout constitutes a potentially hazardous
situation.
E-

Lot .Lines

At the Planning Board meeting of December 19, 1991, several
member of-tfo£i Board requested that specific information on the
lot's exact -^boundaries be provided. Although the applicant
has provided information on existing tax lot lines that are
internal -teethe identified site, it remains unclear whether
the identified- site constitutes a previously subdivided lot or
whether the site is composed of parts of existing lots. This
information must be supplied.
Ill. Conclusion
Pending the submission of the information identified above, this
concludes our comments at this time.
Thomas Gissen, AICP
Associate/Planning
cc:

Mayor Frank.Rey
William Regan
James Margofcta
Joe Gulino
Irene Amato
Robert Speneer
Louis Contaidino

500\not2-002.tg
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                    <text>£ - r ^r^tlJ
REGULAR MEETING

NORTH TARRYTOWN, NEW YORK
February 20th, 1992

A regular meeting of the Planning Board was held on the
above date at Village Hall, North Tarrytown, New York.
PRESENT:

ABSENT: '

James Galgano, Chairman
Ellen Tsangaris
Richard Ayers
Edward McCarthy
Steve Salman
Roman Windas
Steve Baderian

ALSO PRESENT:

Ken Powell, Acting Village Attorney
James Margotta, Building Inspector
Thomas Gissen, Planning Consultant
Joe Gulino, Engineering Consutltant

Chairman Galgano called the meeting to order at 8 P.M.
1.

Mary Fisher-Beekman Avenue-Preliminary Hearing-Site Plan,

John Hughes, Jr., representing Mary Fishery stated
it was the intention of the owner to rebuild the fire damaged
structure within the same shell. Several variances would be
required as the original building was built many years ago.
They would include parking, sideyard and several other variances.
He requested permission from the Board to apply to the Zoning
Board for the variances.
After a discussion Mr. Salman moved, seconded by Mr.
McCarthy%that the application be referred to the Zoning Board
for ilhs approval. Unanimously carried.
2.

Phelps Memorial Hospital, North Broadway, Continued.

John Hughes, Jr., representing Phelps Memorial Hospital,
stated the hospital was anxious to proceed with the project and
would like Site Plan Approval.
Mr. Tom Gissen stated that several items regarding
engineering and site planning had been requested but have not
been supplied. (Copy of Memo in official minutes).
Mr. Gulino stated he has not received information
regarding drainage and sewers..-'
Mr. Hughes stated that I.B.M. does not move quickly,
but information on the storm drain calculations would be -jonalvoda,o.» h &amp;A
The sewer issue might take some time but they would ask for a
v
r
letter of intent from I.B.M.
^ 'f^**'
Mr. Hughes also stated they vould obtain the necessary
agreements from I.B.M. before obtaining a building permit.

�-2Mr. Hughes stated he would appear before the Mayor
and Board of Trustees at their next meeting to discuss taxes
and recreation fees.
After a discussion Mr. Salman moved, seconded by
Mr. McCarthy.that the matter be continued at the next meeting.
3.

Hudson Canyon Construction, North

Broadway-Continued.

Mr. T.J. Muldoon/stated he had appeared before the
Zoning Board and had received all variances and approval to
convert to offices and storage garage with parking on the back
of the lot. He presented revisions dated January 7th, 1992 to
the Board.
Mr. Gissen stated he had conferred with Mr. Muldoon
and asked that a lighting plan be submitted, the stockade fence
should be towards the back of the property, he should indicate
the number of bedrooms in each apartment and several minor
items. He recommended approving the project.
l/vlv Mr. Muldoon stated that a lighting plan will be submitted
when tkey appl^for a building permit.
Mr. Salman moved, seconded by Mr. Ayers&gt; that the
application be approved as submitted, with the changes requested
by the Board. Unanimously carried.
4.

C.Pateman, F. Racanell, N.T. Associates (Bedford Park)
Preliminary Hearing-Site Plan.

Mr. C. Pateman submitted plans for fifteen single
family homes for the Board's approval. Each lot will be approximately 50 x 100 and the houses will front on Bedford Road, Webber
Avenue and Amos Street. He stated he would submit topo and
site plan at the next meeting.
After a discussion Mr. Salman moved, seconded by Mr.
McCarthyjthat a public hearing be held for site 'plan review
and sub-division on March 19th, 1992. Unanimously carried.
Mr. Gissen asked that all information be submitted to
him as soon as possible for his review.
5. Antonio Rodrigues, 358 No. Broadv/ay-Site Plan approval of
kitchen cabinet manufacturing-subject to approval of ZBA.
Clerk read the public notice to hear and consider an
application by Antonio Rodrigues for site plan approval for the
renovation of premises at 358 North Broadway, North Tarrytown,
New York (Section 17, Block 21, Lot 32-37) on the tax assessment
map of the Village of North Tarrytown for the operation of a
facility for the manufacture and assembly of kitchen cabinets
and related products.

�Mr. Powell stated tfe represents Mr. Rodrigues and
he left the meeting.
Mr. Gissen stated he has received material regarding
revised plans. He recommended that any approvals that mavfce
forthcoming with regards to the cabinetry snop application be
conditioned upon a requirement that the cabinet shop's parking
area be re-examined whenever an application is made for the
redevelopment of the remainder of the property. He felt that
the parking proposed for this use is somewhat tight.
(Memo submitted-copy in official minutes.)
Mr. Gulino stated there were no problems, no additions
or constructual changes.
Discussion followed regarding parking and curbing in
front of the premises.
Mr. Salman moved, seconded by Mr. Ayers^that the site
plan be approved, with the condition that the parking be re-examined
whenever an application is made for the redevelopment of the
remainder of the property. Unanimously carried.
Mr. Salman moved, seconded by Mr. McCarthy.that the
Public Hearing be closed. Unanimously carried.
Minutes
Mr. McCarthy moved, seconded by Mr. Ayers. that the
minutes of the meeting held on January 16th, 1992 be approved
as submitted. Unanimously carried.
There being no further business to come before the
meeting Mr. McCarthy moved,seconded by Ms. Tsangaris .that the
same be duly adjourned. Unanimously carried.
Mr. Galgano stated that the next meeting of the Board
would be held on March 19th, 1992.
Respectfully
submitted,
Respecttuiiy suDmittea,

Irene Amato,
Acting Clerk

�FREDERICK P. CLARK ASSOCIATES, INC.
Planning/Development/Environment/Transportation
Rye, New York and Southport. Connecticut
350 Theodore Fremd Avenue
Rye. New York 10580
(914) 967-6540
FAX (914) 967-6615

David J Portman. AICP
Frederick E Wiedle. AICP
Howard I. Reynolds, PE
David H Stolman, AICP
Michael A. Galante
Joanne P. Meder, AICP
Jim Donovan, RL A. ASLA

MEMORANDUM
To:

North Tarrytown Planning Board

Date:

February 20, 1992

Subject:

Antonio Cabinetry Site Plan Application

The purpose of this memorandum is to provide our on-going analysis
of the applicant's site plan submissions for the development of a
furniture shop, to be located in an existing structure situated on
the east side of Route 9 (Broadway), approximately 140 feet north
of Gordon Avenue.
The applicant's latest submissions include the following:
"Map of Property
Prepared
for Antonio
Cabinetry Situate in the Village of North
Tarrytown, Town of Mount Pleasant, Westchester
Co., New York," dated February 1, 1992 and
prepared by John J. Muldoon, New York State
Licensed Surveyor.
"Proposed Antonio Cabinetry, Village of North
Tarrytown, New York," Site Plan, Sheet 1,
dated December 19, 1991, last revised February
4, 1992 and prepared by Contadino Architects,
AIA.
"Antonio
Cabinetry,
Village
of
North
Tarrytown, New York," site section, sheet 2,
dated January 2, 1992, last revised January
15, 1992 and prepared by Contadino Architects,
AIA.
Letter to the Village of North Tarrytown
Zoning Board of Appeals, dated February 10,
1992 and from Steven L. Kroleski, Attorney for
the applicant.

�FREDERICK P. CLARK ASSOCIATES, INC.
Planning, Development/Environment/Transportation

The applicant's revised plans, as well as the letter from his
Attorney have provided most of the information necessary to address
those concerns previously raised by the Planning Board of the
Village of North Tarrytown (the Board) and by this office.
However, whereas the previously submitted plans and statements by
the applicant appeared to indicate that the subject site was an
independent lot within a larger property, the new submissions now
show the entire property the applicant proposes to purchase to be
one un-subdivided lot. The entire property is significantly larger
than the area identified within the project limit line and
maintains the potential for additional development.
As we have noted in our previous memorandums and in comments before
the Board, the parking proposed for this use is somewhat tight.
Previously, we were left with the impression that this was an
existing site with a pre-existing condition limiting its parking
and circulation to the area shown on the site plan. While the
arrangement of the two structures located on the entire property
and shown on the "Map of Property" does tend to limit the area that
can be used conveniently as parking for the proposed cabinetry
shop, we feel that a better parking arrangement would be feasible
if the remaining portion of the site were to be redeveloped and the
structure located therein were removed or relocated.
For this reason, we would recommend that any approvals that may be
forthcoming with regards to the cabinetry shop application be
conditioned upon a requirement that the cabinet shop's parking area
be re-examined whenever an application is made for the
redevelopment of the remainder of the property. In this way, at
some point in the future, it may be possible to improve upon the
tight parking and circulation area shown on this plan.
This concludes our comments at this time.
Thomas Gissen, AICP
Associate/Planning
cc:

Mayor Frank Rey
William Regan
James Margotta
Robert Spencer
Joe Gulino
Louis Contadino

500\not2-009.tg.crc

2

�FREDERICK P. CLARK ASSOCIATES, INC.
Planning/Development /Environment/Transportation
Rye, New York and Southport, Connecticut
350 Theodore Fremd Avenue
Rye, New York 10580
(914) 967-6540
FAX (914) 967-6615

David J. Portman, AICP
Frederick E. Wiedle, AICP
Howard I. Reynolds, PE
David H. Stolman, AICP
Michael A. Galante
Joanne P. Meder, AICP
Jim Donovan, RLA, ASLA

MEMORANDUM
To:

North Tarrytown Planning Board

Date:

February 20, 1992

Subject:

Phelps Memorial Hospital Site Plan Approval Outstanding Issues
_ _

At the Planning Board meeting of January 16, 1992, this office
recommended that the North Tarrytown Planning Board (the Board)
withhold making a determination of significance under SEQR pending
the submission of some additional engineering and site planning
information.
To date, the requisite information has not been
supplied.
Based upon a discussion with the Village of North Tarrytown
Engineering Consultant, Joe Gulino, we understand that information
regarding the site's storm sewer drainage, which discharges into
the Hudson River, as well as the site's increased sanitary sewage
flow, has not been supplied.
It is imperative that this
information be supplied and analyzed prior to the Planning Board
making a determination of environmental significance, as required
by the New York State Environmental Quality Review Act (SEQR).
Once this information has been submitted, we believe that the
Planning Board will, in all likelihood, be in a position to make a
positive or negative declaration under SEQR.
A resolution of site plan approval for the proposed office building
cannot be adopted until a determination of environmental
significance has been made with regard to this Type I Action (see
memorandum from this office of November 19, 1991).
Furthermore, the issue of how to best address the tax assessment
status of the proposed office building and ancillary parking must
be addressed prior to the drafting and adoption of a resolution of
site plan approval. It is our understanding that counsel for the
applicant and counsel for the Village are currently in discussions
as to how best to resolve the tax rateable status of this property.
If it is determined that a subdivision will be required, then an
application, inclusive of full subdivision plans, must be
submitted. It is our initial expectation that such a subdivision
would necessarily require that certain variances be granted by the

�FREDERICK P. CLARK ASSOCIATES, INC.
Planning/Development /Environment /Transportation

Zoning Board of Appeals (ZBA). Consequently, the issue of how best
to resolve the tax status of the office structure and ancillary
parking should be resolved prior to the drafting and adoption of a
resolution of site plan approval for this proposed office
structure.
Additionally, there are several minor site planning issues that
should be resolved. As we indicated in our memorandum of November
19, 1991, the plan should be amended to indicate pavement markings
and traffic circulation signage. Also, we feel it is important
that the applicant address the concerns we raised in our November
19, 1991 memorandum regarding the viability of the applicant's plan
to protect certain identified significant trees. Specifically, we
remain concerned that the parking plan may not provide a
substantial enough area of porous soils within the drip lines of
some of the significant trees the applicant has indicated he is
prepared to preserve.
This issue would appear to be readily
resolvable but most likely will require some minor adjustments to
the proposed parking plan. Lastly, while the applicant has removed
proposed grading from its location immediately north of the subject
site, on adjoining property owned by the State of New York, the
applicant has shown a grading plan indicating a slope of
approximately 1:1, or 100%. Based upon our discussion with Joe
Gulino, it appears that the applicant should either revise these
grading plans to show a slope no steeper than 1:2 (50%) or the
applicant should provide a technical analysis of the rock formation
in the area proposed for this 1:1 slope.
In conclusion, we believe that it is necessary for the applicant
address the issues of storm water runoff and sanitary sewage flow
prior to the Planning Board making a determination of significance
under SEQR.
Furthermore, the question of the need for a
subdivision of this property as part of its taxable assessment
should be resolved prior to the drafting of any resolution of site
plan approval. In order to draft this resolution, we must know
whether it will be necessary to condition the resolution upon the
granting of a subdivision by the Planning Board and the granting of
any associated variances by the ZBA.
As soon as we have received conformation from the Village
Engineering Consultant that the drainage and sanitary sewage
information is satisfactory and we have received information from
the Village Counsel that the issues regarding the tax assessment of
this property have been satisfactorily resolved, we shall draft a
resolution of environmental significance under SEQR and a
resolution of site plan approval, if appropriate.

2

I

�FREDERICK P. CLARK ASSOCIATES, INC.
Planning/Development /Environment /Transportation

Pending the submission of this information, this concludes our
comments at this time.
Thomas Gissen, AICP
Associate/Planning
cc:

Mayor Frank Rey
William Regan
James Margotta
Robert Spencer
Joe Gulino
John Hughes

500\not2-008.tg.crc

t

�FREDERICK P. CLARK ASSOCIATES, INC.
Planning/Development /Environment /Transportation
Rye, New York and Southport. Conneoticut

David J. Portman, AICP
Frederick E. Wiedle. AICP
Howard I. Reynolds, PE
David H. Stolman, AICP

350 Theodore Fremd Avenue
Rye. New York 10580
(914)967-6540
FAX (914) 067-6615

Michael A. Galante
Joanne P Meder, AVP
Jim Donovan, HLA. ASLA

MEMORANDUM
To:

North Tarrytown Planning Board

Date:

February 20, 1992

Subject:

Fisher Site Plan

The purpose of this memorandum provide our analysis of the above
noted application for site plan approval.
In support of the
application the applicant has submitted the following plans:
"Survey of Property Prepared for Mary E. Fisher," dated
September 23, 1991 and prepared by Charles Riley, Land
Surveyor.
"Topography Mary E. Fisher," dated December 20, 1991,
last revised January 22, 1992 and prepared by Charles
Riley, Land Surveyor.
Based upon our discussion with the applicant's attorney, John
Hughes, Jr. Esq., our review of the submitted plans and a site
visit, it is our understanding that the applicant is requesting
site plan approval to reconstruct an existing fire damaged
structure to its original design and condition. This structure is
located on the south side of Beekman Avenue, in the C-2, Highway
Commercial district, of the Village of North Tarrytown.
Site plan approval from the Planning Board is required under § 6229.A.(1) of the Code of the Village of North Tarrytown (the Code).
Additionally, this use and development of this site prior to its
being damaged by fire was not in conformity with the requirements
of Chapter 62, Zoning, of the Code.
The fire damage to this
structure appears fairly extensive. Under § 62-24.C. of the Code,
any "structure damaged by fire or other causes to an extent
exceeding fifty percent (50%) or more of its theoretical full
value...shall not be repaired or rebuilt except in conformity with
the regulations of this ordinance."
Consequently, if the applicant proposes to rebuild the structure to
its former condition, several variances probably will be required.
Based upon our initial review, we believe that the required
variances include the following:

\

�•*%

FREDERICK P. CLARK ASSOCIATES, INC.
Planning/Development /Environment /Transportation

o

A use variance to re-establish the four apartments.
The only types of residential units permitted in
the C-2 district are one- and two-family homes.

o

A parking variance for failing to provide the
requisite number of parking spaces. Section 6214.E. of the Code requires that one parking space
per 200 square feet of retail area, one parking
space per dwelling unit and one-half parking space
per bedroom be provided. The applicant should
provide information on the number of square feet of
retail area and the number of bedrooms that will
exist in the rebuilt structure so that an accurate
variance application can be processed.

Pending the submission of additional information, this concludes
our comments at this time.
Thomas Gissen, AICP
Associate/Planning
cc:

Mayor Frank Rey
William Regan
James Margotta
Robert Spencer
Joe Gulino
Louis Contadino

500\not2-010.tg.

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RESOLUTION
Adopted at the February 20, 1992 Meeting of the
Village of North Tarrytown Planning Board
RESOLUTtON*

SITE PLAN APPROVAL FOR DEVELOPMENT OF A LIGHT
MANUFACTURING KITCHEN CABINET ASSEMBLY USE.
PROPOSED: CONVERSION OF AN fcxiSTINQ 8,800 SQUAREFOOT STRUCTURE FROM AN AUTOMOTIVE USE TO
A LIGHT MANUFACTURING KITCHEN CABINET
ASSEMBLY USE.
OWNER:
CAR-RIK, Inc.
LOCATION: 358 NORTH BROADWAY
TAX DESIGNATION: SECTION 17. BLOCK 21, LOT 32 - 37
ZONING:
C-l HIGHWAY COMMERCIAL

WHEREAS, the Planning Board of the Village of North Tarrytown
haa reviewed an application for site plan approval pursuant to
Article VIII of the Zoning Code of the Village of North Tarrytown
for the conversion of an existing 8,800 square-foot structure from
an automotive use to a light manufacturing kitchen cabinet assembly
use, said structure being located at 358 North Broadway.
•

WHEREAS, as part of its review, the Planning Board haa
reviewed numerous documents, statements and plans, including the
following:
1*

"Map of Property Prepared for Antonio Cabinetry Situate
Village of No Tarrytown, Town of Mt. Pleasant,
Westchester Co., New York,1* prepared by John J. MiUdoon
and dated February 1, 1992.

2.

"Site Plan" for Antonio Cabinetry, prepared by Contadino
Architects and as last revised February 4, 1992.

3.

"Site

Section"

for

Antonio

Cabinetry,

prepared

by

Contadino Architect* and as last revised February 2,
1992.

4#

Letter from Antonio Rodrigues, the applicant* to James T.
Margotta, North Tarrytown Building inspector dated
December 24, 1991 and promising to limit
the number of
employees on the site bo not more than five.

5.

Letter from Steven L. Kroleski, attorney for the
applicant, to the Village of North Tarrytown Zoning Board
of Appeals, dated February 10, 199? and detailing certain
aspects of the kitchen cabinet assembly operation (e.g.
no use of pressurized sprayers, etc.) and providing the
applicant's promise to apply for a new site plan approval
if the specified aspects of the operation were to change.

6..

A short form Environmental Assessment Form (EAF)•

WHEREAS, in the course of its review and pursuant to
provisions of Article 8 of the Environmental Conservation Law, the
Planning Board has made the rollowing findings and caused, noted or
conducted the following activities: ',
1.

Received an application fee1of $

2.

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

3.

Requested, received and reviewed a Sh6rt Form Environmental
Assessment Form (EAF) in compliance with the New York State
Environmental Quality Review Act (SEQR).

;

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plin approval, subdivision approval or building permit that
affects the remaining portion of the property^ as shown on the
"Map of Property Prepared for Antonio Cabinetry Situate
Village of No Tarrytown, Town of Mt»'pleasant, Westchester
Co J, New York,w prepared by John J. Muldoon and dated February
1,j1992 and located immediately to the north'of the proposed
kitchen cabinet manufacturing shop and associated parking
area.
3.

Revision of the above noted "Site jplan" to include the
following note! "The continuing validity of this site plan and
thA site's certificate of occupancy shall be conditioned upon
an application for amended site plan' approval being filed
wi£h, and approved by, the Planning Board ot the Village of
North Tarrytown prior to the, granting of any site plan
approval, subdivision approval or building permit that affects
thi remaining portion of the property, as shown on the 'Map of
Property Prepared for Antonio Cabinetr^ Situate Village of No
Tarrytown, Town of Mt. Pleasant, Westchester Co., New York,'
prepared by John J. Muldoon and dated February 1# 1992. The
purpose of such amended site pian approval amplication shall
be to improve the site's parking and circulation area and to
interconnect said parking and circulation' area with the
parking and circulation area of all lands located immediately
to the south of the site's parking anp circulation area and
shown on the plan entitled, 'Map of Property Prepared for
Antonio Cabinetry Situate Village of No'Tarrytown, Town of Mt.
Pleasant, Westchester Co., New York,&lt; prepared by John J,
Muldoon and dated February 1, 1992."

4.

Pr(or to the issuance of a certificate of occupancy, the
Applicant shall submit to the IVillage Building Inspector a
mylar reproduction of the ejLte pla|n complete with the
certification
of
a
professional 'Architect
and/or
a
professional Engineer attesting that tht property as developed
conforms to the site plan as'approvedJ

i

If •

'

6.

Ail elements of this approved site plan shall be completed to
thd satisfaction of the Villag£ Building Inspector within a
period of eighteen (18) months ifrom the date; of the issuance
of j the building permit and prior to the issuance of a
certificate of occupancy. The Planning Board may issue en
extension of this time limit, or may mjodify any of the above
conditions with respect thereto for good cauke.
i
7.
Th&lt;&gt; 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, and before
th&lt;i issuance of a certificate of occubancy. The purpose of
th: s final inspection is to review tpe development and to
re&lt; uire any modifications to1 parking, drainage, access, paving
and other site plan details, Which dp not comply with the
approved plan in the •interest •of j safety, convenience,
aesthetics and the enjoyment and peace1 and quiet of adjacent
neighbors.
j * '
PLANNING BOARD
«f \
VILLAGE OF NORTH TARRYTOWN
!

i
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I

By:

|
;
Date^
James Galgano, chairman
Village of North Tarrytown Planning Board

500\not2-019.tfi

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After review of said field conditions, public comments,
recommendations and environmental assessment form as well as
other matters noted above, the Planning Board has determined
that the proposed action is ap Unlisted Action and hereby
is$ues
a
"Negative
Declaration^
determination
of
nonsignificance of environmental impict for this Unlisted
Action; and
WHEREAS, the site has been visited by the Village's Planning
Consultant and the Planning Board is thoroughly familiar with the
site an&lt;jl all aspects of the proposed* project; and
WHEREAS, the Applicant has received all necessary variances
from th4 Zoning Board of Appeals of the village of North Tarrytown
to operate the proposed light manufacturing iise within the existing
structure and site in the C-l district ot\ the Village of North
Tarrytown; and
WHEREAS, a duly advertised' public hearing was held at the
Village Hall on February 20, 1992 r at which time all those wishing
to be h^ard were given the opportunity to be heard and the public
hearing was closed on that date;' and

i
WHEREAS, the Planning Board has requested, received and
considered comments from the Village Planning Consultant, the
Village[Engineering Consultant and Building Inspector about the
proposed project; and
WHEREAS, the Village Planning Consultant expressed some
concern'that the existing parking and vehicular Circulation area
was somewhat more restricted than is generally preferred;
NOW, THEREFORE BE IT RESOLVED, that said site plan application
and plans noted above be and hereby are granted conditional 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 site plan resolution and
upon thi final mylar copy of the site plan drawing revised as
necessary to show compliance with trie following conditions, which
endorsement shall permit filing* in the offices; of the Village
Building Department for purposes df obtaining a building permit in
accordance with this resolution and all building code requirements,
provided, however, that this approval shall expire twelve (12)
months |from the date of this resolution if the following
modifications and conditions have not b^en completed to the
satisfaction of the Planning Board and/or the Applicant has not
obtained a building permitx
1.

F_efis_ - The Applicants shall pay to the Village of North
Tarrytownx
l.\

An inspection fee for construction inspection of the
proposed site plan to include buildings, drainage system,
i sewage, lighting and other site plan elements for
compliance with the approved site 61 an id accordance with
the Village of North Tarrytown Zohing Code.
thousand two hundred dollars
i ($1,200) per parking space, whi^h results in a total
' recreation fee of nine thousand six hundred dollars
($9,600).
|

l.i
1

The Applicant shall submit payment of all application
review fees as noted and required in Section 62-30(f) of
the Village Zoning code, as approved by the Village
Attorney.

i

.

The applicant shall apply for amended site plan approval so as
to revise his parking and circulation plan to the satisfaction
of 'the Planning Board at the time of application for any site
*

i

�J:.
Approved
to substance and form:
Droved with
with respect
respect to
Village Attorney
Dated: 2_/ad /fa^

proved by the Planning Board
irman
or Acting
Chairman
man or
Ac1

ated: i AD A / y

Filed with Deputy Clerk
eieik ui Beputy Clerk

Dated:

^/ai/9^—

DATE OF MEETING: J A fiJV Q&amp; Y

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                    <text>REGULAR MEETING

NORTH TARRYTCWN, NEW
MARCH 19th, 1992

$RK

A regular meeting of the Planning Board was held on trhe
above date at Village Hall, North Tarrytown, New York.
PRESENT:

James Galgano, Chairman
Roman Windas

ABSENT:

Ellen Tsangaris
Richard Ayers
Edward McCarthy
Steve Salman
Steve Baderian

ALSO PRESENT: Robert Spencer, Village Attorney
James Margotta, Building Inspector
Thomas Gissen, Planning Consultant
Joe Gulino, Engineering Consultant
At 8:40 P.M. Chairman Galgano apologized to those present,
and stated there would be no meeting due to a lack of a quorum.
Respectfully submitted^
Irene Amato
Acting Clerk

�DUE TO A LACK OF QUORUM, NO PLANNING BOARD MEETING WAS
HELD ON MARCH 19, 1992.

James T. Margotta
Building Inspector

\

�Approved with respect/to substance and form:
Village Attorney
Dated: *f//*f/y v.

Approved by the Planning Board

tf/ryyeA-

T^^t^^^t^H^J

airman or A c t i n g C|^irman
ated:
*/,+/fX

F i l e d w i t h Deputy Clerk
•Clork or .Deputy Clerk
Dated: ^ 4 / 9 ^

DATE OF MEETING: f^broCLYU

X°

I I I ^-"

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                    <text>Planning Board
Regular Meeting
North Tarrytown, New York
April 14, 1992
A regular meeting of the Planning Board was held on April 14,
1992 at Village Hall, North Tarrytown, New York.
PRESENT:

James Galgano, Chairman
Ellen Tsangaris
Richard Ayers
Roman Windas
Steve Salman
Edward McCarthy

ABSENT:

James Donohoe

ALSO PRESENT:

Ken Powell, Acting Village Attorney
James Margotta, Building Inspector
Thomas Gissen, Planning Consultant
Robert Curti, Engineering Consultant

Chairman Galgano called the meeting to order at 8 P.M.
1.

Levy Estate, Barnhart Avenue-Preliminary Hearing-Sub-Division
of Property on west side of Barnhart Avenue.

Mr. Ennis, representing the Levy Estate, outlined the proposed
sub-division of property into six separate lots with six one-family
residences.
He stated that every house would require several
variances.
Mr. Gissen presented a memorandum outlining an analysis of the
project. (Copy in official minutes).
Mr. Curti presented a memorandum stating comments regarding
water supply, sewage and stormwater runoff. (Copy in official
minutes).
After a discussion Mr. McCarthy moved, seconded by Mr. Salman,
to refer the matter to the Zoning Board of Appeals for the
consideration of any required variances. Unanimously carried.
2.

Public Hearing-Donna Rutigliano-Site Plan Approval for
314 North Broadway, Section 17. Block 20. Lots 14. 15 &amp; 16.

Clerk read the notice of public hearing to hear and consider
an application by Donna Rutiglan a/k/a Donna Rutigliano for site
plan approval for use of Section 17, Block 20, Lots 14, 15 &amp; 16 on
the tax assessment map of the Village of North Tarrytown, as an
auto service and repair facility.
1

�Chairman Galgano asked if there was anyone present who would
like to address the Board.
Mr. Gary Raniolo, representing the proposed purchaser of the
property from the Village of North Tarrytown, stated it was the
intention of the purchaser to continue the use of the property as
a service and repair facility. The building has been used by the
Village for many years to maintain and repair the trucks of the
Water Department. He is asking that the Planning Board agree with
the applicant's position and formally declare that the property and
use of the ground floor for a commercial automobile repair shop be
deemed to be the same use of the property as repair and maintenance
of Village vehicles. If the Board agrees with the purchaser's
position, no further approvals are necessary. He stated that all
parking will be in the interior of the building.
Ms. Tsangaris stated she disagrees, stating that public use of
the property as a repair and maintenance shop is different from
private use as a repair and maintenance shop. She also stated
there would be difficulty in parking in front of the property, and
felt that the Board should have more time to review the matter.
Mr. Windas asked if the building footprint would be changed.
Mr. Raniolo stated there would be no structural changes but a sign
would be installed on the front of the building. He also stated
that the use would be the same, only the ownership would change.
Mr. Windas noted that the property is zoned highway commercial and
the use would continue to conform to the Zoning Code.
Mr. Gissen presented a memorandum outlining an analysis of the
project. (Copy in official minutes).
Mr. Curti presented a memorandum stating comments regarding
water, sewage and oil/water separator. (Copy in official minutes).
Mr. Windas moved, seconded by Mr. Salman, that the Attorney
for Donna Rutiglan submit a letter stating that no structural
changes or site plan changes will be made. Based upon such
assurances, no action need be taken by the Planning Board as the
use will not change.
Chairman Galgano polled the Board as follows:
Ms. Tsangaris - No
Mr. Ayers - Yes
Mr. Windas - Yes

Ms. McCarthy - Yes
Mr Salman - Yes

Chairman Galgano declared the motion carried.

2

�3.

Phelps Memorial Hospital. North Broadway-Continued.

Mr. John Hughes, representing Phelps Memorial Hospital, has
been conferring with the Board of Trustees regarding the recreation
fees to be levied by the Village.
Mr. Curti presented a memorandum of comments on stormwater and
existing sanitary sewers in Sleepy Hollow Manor (Copy in official
minutes).
Discussion followed regarding surcharging for sewage in Sleepy
Hollow Manor and Philipse Manor. Mr. Curti stated that further
investigation is necessary to solve the problem in this area.
Mr. Salman stated he would like a written agreement that the
flow from I.B.M. will be decreased in order to accommodate the
increased flow of sewage from the proposed project.
Mr. Hughes stated that the proposed resolution to be adopted
by the Board would contain assurances that all requests made by the
Consulting Engineers would be met.
Mr. Gissen stated many of the questions of the Board members
will be covered in the adoption of the Resolution. (Copy of draft
resolution in official minutes).
Mr. Hughes stated that the Board of Trustees is awaiting a
recommendation of the Planning Board before making a decision on
the recreation fees.
Mr. Salman moved, seconded by Mr. Ayers, that the resolution
granting site plan approval, as presented by the village planners,
be adopted with minor modifications, subject to payment of
recreation fees in the amount of $248,000 or other compensation in
lieu of money, as determined by the Board of Trustees. Unanimously
carried.
Discussion followed regarding the Phelps Memorial Hospital
project.
The members felt that the Board of Trustees should
consider each application on a case by case basis. Mr. Hughes felt
that the hospital project does not add to the burden of recreation
and the Hospital should not be required to pay a fee of $1,200 per
parking space. The Hospital was willing to make other donations in
lieu of the fees.
Mr. Windas moved, seconded by Mr. Salman, that the Planning
Board recommend to the Board of Trustees that the Board of Trustees
negotiate with the hospital for services or property in lieu of
money. Unanimously carried.

3

i

�4.

Bedford Park-Subdivision-Webber Avenue &amp; Bedford Road.
Continued.

Mr. Chuck Pateman stated he has responded to a number of
comments and requests of the Board. He has submitted a long form
Environmental Assessment Form to the Board and responded to
requests made by the Engineer and the Planner.
Mr. Gissen responded to the Applicant's most recent
submissions regarding Sketch Plan for Lots 8-15, Erosion Control
Plan, Preliminary Subdivision Plan and Site Plan for Bedford Park,
and letter from Mr. Pateman to the Planning Board of the Village
dated April 1, 1992. (Copy of memo in official minutes.)
Mr. Curti made several comments regarding the project with
reference to potable water, sewage and stormwater runoff. He also
stated that Mr. Pateman would install a new sanitary sewer on New
Broadway in lieu of payment of $40,000. He stated the Village
should request a Performance Bond from the developer to perform the
sanitary sewer work on New Broadway. (Copy of memo in official
minutes.)
A discussion followed regarding the length, width and
turnaround radius of the proposed cul-de-sac which would be at the
end of Amos Street. Village subdivision regulations specify that
cul-de-sacs should not be longer than six hundred (600) feet, not
be less than fifty (50) feet wide and shall provide a turnaround at
the end with a radius of not less than sixty (60) feet and tangent
whenever possible to the right of the street. The proposed cul-desac would make Amos Street approximately 800 feet long, would be
only forty (40) feet wide and would have a turnaround radius of
only thirty five (35) feet. Mr. Pateman is requesting a waiver of
those regulations.
Mr. Patemen stated that the Fire Chief and a member of the
Department of Public Works approve of the cul-de-sac's length and
width and turnaround radius.
Philip Zegarelli, President of the Briggsville Neighborhood
and Association, stated the Association had met with Mr. Pateman,
and discussed various items with him. The Association was against
shared driveways, and against the cul-de-sac as requested by Mr.
Pateman. He stated that the Association would like the number of
units to be built to be less than 15 houses. The Association was
interested in keeping the neighborhood as it is and looks to the
Planning Board to address the matter and asks for a solution. Mr.
Zegarelli stated that many children use Amos Street as a play
street, neighbors use each other's driveways to turn around and
felt that the cul-de-sac should be as wide as Amos Street. He
asked the Board to make the project conform to the neighborhood.

4

�Arthur Ceconi, Amos Street, stated that Amos Street is used as
a playground for the neighborhood children, and felt that the culde-sac should be as wide as Amos Street.
John Cappello, 51*s New Broadway, stated he was interested in
the replacement of the sewer line on New Broadway because of the
sewage and storm water overflow.
Mr. Pateman stated that the project would conform to all
Zoning Regulations, and stated that the original application
required the builder of the condos to make a deposit of $75,000 to
replace the sewer line on Pine Street and New Broadway. He stated
he has agreed to replace the sewer line on New Broadway and Pine
Street. He stated that the problem with the sewers is due to roots
of trees growing into the pipes causing the pipes to crack.
Chairman Galgano stated that the project meets the Zoning
requirements, and stated we can't make the applicant downsize the
project and make the lots bigger. We can recommend, but we can't
make him make the lots bigger.
Mr. Zegarelli stated they would like the Board to review the
number of houses to be built.
Mr. Pateman stated he was asking for conditional preliminary
approval of the subdivision plat and stated it was not financially
feasible to reduce the size of the project. He felt that the area
is not congested.
Mr. Gabriel Hayes, Sr., Amos Street, stated he was against
condos being built on the property, but is not against the property
being developed.
Mr. Zegarelli asked that the Planning Board visit the site
before making a decision.
Mr. Pateman stated he must have a decision as soon as possible
or he will lose his financing.
Mr. Windas stated that the Board wants the area to be
developed but also wants the neighbors to be satisfied. He also
suggested that a performance bond be filed to insure that the
project will be completed.
Mr. Windas moved, that the request be continued to the next
meeting, after a physical examination of the property, and a
special meeting called, if necessary. There was no second.
Mr. Salman moved, seconded by Ms. Tsangaris, to reject the
preliminary subdivision.

5

�Chairman Galgano polled the Board as follows:
Ms. Tsangaris - yes
Mr. Ayers
- no
Mr. Salman
- yes
Mr. McCarthy - no
Mr. Windas
- no
Chairman Galgano declared the motion rejected.
Mr. Windas stated the following:
1. We want something to happen in that neighborhood.
2. We need additional revenues-more single family residences.
3. Condos
available.

aren't

moving-single

family

houses

are

not

4. Curb cuts have to be approved by the county and state on
Webber Avenue and Bedford Road.
5. Number of units-should be reduced to lessen the impact on
the area.
Mr. Pateman stated if his plan is rejected he will build
condos.
A discussion followed and Mr. Ayers moved, seconded by Mr.
Windas, that preliminary approval of the sub-division plat as
presented be granted, subject to conditions to be prepared by the
Village planner based upon the public hearing and Board discussion.
Chairman Galgano polled the Board as follows:
Ms. Tsangaris - No
Mr. Salman - No
Mr. Ayers - Yes
Mr. Windas - Yes
Mr. McCarthy - Yes
Discussion followed concerning the vote. The statement was
made that for a vote to pass, 4 votes must be voted yes. Thereupon,
Chairman Galgano voted "yes" and declared the motion carried.
Discussion followed regarding the Chairman voting.
Ms.
Tsangaris protested the vote stating the chairman should not vote
unless there is a "tie".
Attorney Powell stated the Chairman could vote, whether or not
there is a tie.
6

�5.

Marv Fisher. Beekman Avenue-Continued.

Mr. John Hughes, representing Mrs. Fisher, stated that the
property had been more than fifty percent damaged in the fire, the
Zoning Board has given variances as requested and he was asking the
Planning Board for Site Plan Approval.
Mr. Windas moved, seconded by Mr. McCarthy, that a Public
Hearing be held at the next meeting to consider an application by
Mary Fisher for site plan approval for the reconstruction of
premises at 78 Beekman Avenue. Unanimously carried.
MJNUTEg
Mr. Windas moved, seconded by Mr. Salman, that the minutes of
the meetings held on February 20, 1992 and March 19, 1992 be
approved as presented. Unanimously carried.
A discussion followed regarding items to be put on the agenda
for each meeting. Mr. Salman moved, seconded by Mr. Windas, that
information must be received at Village Hall at least two weeks
before the meeting in order to be placed on the agenda.
Unanimously carried.
There being no further business to come before the meeting,
Ms. Tsangaris moved, seconded by Mr. Ayers, that the same be duly
adjourned. Unanimously carried.
Respectfully submitted,
Irene Amato
Acting Clerk

7

�C

—f^U-

RESOLUTION
Adopted at the April 14, 1992 Meeting of the
Village of North Tarrytown Planning Board
RESOLUTION:

SITE PLAN FOR DEVELOPMENT OF A MEDICAL OFFICE
BUILDING IN ASSOCIATION WITH THE EXISTING PHELPS
MEMORIAL
HOSPITAL
CENTER1S
REGIONAL
MEDICAL
FACILITY.

PROPOSED; ONE

MEDICAL

• •••••««»•

....... . ,,»f

•»••»

OFFICE

BUILDING

OF

XP'P'RO'XXlftKTt^Xri S I X T Y - T W O TftOV3SWSTi ^ , 6 2 , 0 0 0 ^

SQUARE FEET AND ASSOCIATED PARKING AND
INFRASTRUCTURE IMPROVEMENTS.
OWNER:
PHELPS MEMORIAL HOSPITAL CENTER
LOCATION: 701 NORTH BROADWAY
TAX DESIGNATION: SECTION _11# BLOCK _1_, LOT 3A_
ZONING:
H - HOSPITAL ,
WHEREAS, the Planning Board of the Village of North Tarrytown
has reviewed an application for site plan approval pursuant to
Article VIII of the Zoning Code of the Village of North Tarrytown
for the development of a medical office building of approximately
sixty-two thousand (62,000) square feet and associated parking and
infrastructure improvements to be located on the existing sixty-six
(66) acre Phelps Memorial Hospital Center site at 701 North
Broadway.
WHEREAS, as part of its review, the Planning Board has
reviewed numerous documents, statements and plans, including the
following:
1.

An aerial photograph of the site and surrounding
neighborhood, dated spring 1990, photographed by Keystone
Aerial Surveys Inc. of Philadelphia, PA, prepared for the
Westchester County Department of Planning and identified
as photograph "F-27."

2.

"Topographic Survey Prepared for Phelps Memorial Hospital
Situated in the Village of North Tarrytown, Town of Mount
Pleasant, Westchester County, New York," prepared by
Charles H. Sells, Inc., survey completed on May 16, 1991
and map prepared May 20, 1991.

3.

"Topographic Survey Phelps Memorial Hospital Village of
North Tarrytown, Town of Mount Pleasant, Westchester
County, New York," prepared by Charles H. Sells, Inc.,
survey completed on May 16, 1991 and map dated May 20,
1991 and last revised June 19, 1991.

4.

"Existing Hospital Site Plan," prepared by Mediplex
Medical Building Corporation, dated February 21, 1991 and
last revised November 6, 1991.
' - i

5.

"Campus Site Plan," prepared by Mediplex Medical Building
Corporation, dated May 16, 1991 and last revised November
6, 1991.

6.

An elevation plan, prepared by Mediplex Medical Building
Corporation, dated May 16,'1991 and last revised October
11, 1991.

7.

"Existing Site," prepared toy Charles H. Sells, inc.,
dated October 1991.

8.

"Site Improvement Plan," prepared by Charles H. Sells,
Inc., dated October 1991.

l

�9.

A table identifying the site's proposed parking relative
to the parking requirements identified in Section 62-14
of the Code of the Village of North Tarrytown.

10.

A full (long form) Environmental Assessment Form (EAF),
prepared by Victoria Miller, Vice President of Planning
and Operations for Phelps Memorial Hospital, and dated
October 10, 1991.

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 to the following
activities:
1.

Received an application fee of $ 250 ;00.

2.

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

3.

4.

Acting as Lead Agency, requested, received and reviewed a Long
Form Environmental Assessment Form (EAF) in compliance with
SEQR.
As Lead Agency for site plan review in the Village of North
Tarrytown, the Planning Board, after review of said field
conditions, public comments, recommendations and environmental
assessment form as well as other matters noted above, has
determined that the proposed action is a Type I Action and
hereby issues a "Negative Declaration" determination of
nonsignificance of environmental impact for this Type I
Action; and
«

WHEREAS, the site has been visited by the Village's Planning
and Engineering Consultants and the Planning Board is thoroughly
familiar with the site and all aspects of the proposed project; and
WHEREAS, a duly advertised public hearing was held at the
Village Hall on Nov- -1 , 1991 and continued through March 19, 1992,
at which time all those wishing to be heard were given the
opportunity to be heard and the public hearing was closed on that
date; and
WHEREAS, the Planning Board has requested, received and
considered comments from the Village Planning Consultants, the
Village Engineering Consultants and Building Inspector about the
proposed project; and
WHEREAS, the applicant has not yet submitted to the Village
Engineering consultant the necessary storm drainage runoff and
sanitary sewage flow plans and calculations so as to demonstrate a
satisfactory post-build condition, the applicant has agreed to
provide said plans and calculations, inclusive of any off-site
improvements that may be necessary, to the satisfaction of the
Village Engineering Consultant;
NOW, THEREFORE BE IT RESOLVED, that said site plan application
and plans noted above be and hereby1 are granted conditional 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 site plan resolution and
upon the final mylar copy of the cite 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 twelve (12)
months from the date of this resolution if the following
modifications and conditions have not been completed to the

I

• ,

�satisfaction of the Planning Board and/or the Applicant has not
obtained a building permit:
1.

Fees - The Applicants shall pay to the Village of North
Tarrytown:
1.1

An inspection fee for construction inspection of the
proposed site plan to include buildings, drainage system,
sewage, lighting and other site plan elements for
compliance with the approved site plan in accordance with
the Village of North Tarrytown Zoning Code.

1.2

A recreation fee of one .thousand two hundred dollars
($1,200) per parking space, which results in a total
recreation fee of two hundred forty-eight thousand four
hundred dollars ($248,400), or other compensation in lieu
of money, or some combination of the above, subject to
the approval of the Village Board of Trustees.

1.3

The Applicant shall submit payment of all application
review fees as noted and required in Section 62-30(f) of
the Village Zoning Code, as approved by the Village
Attorney.

2.

Provision of all necessary plans and calculations necessary to
demonstrate satisfactory post-build storm water runoff and
sanitary sewage flow to the satisfaction of the Village
Engineering Consultant and all other applicable approving
authorities.
i

3.

Revision of the above noted plans, to the satisfaction of the
Planning Consultant, to demonstrate the following:

t

i , ;i

!

3.1

All proposed grading,' ^whether said grading is to be
accomplished by grading of soils, rock cuts or retaining
walls, shall be maintained exclusively on the subject
site.

3.2

Protection of all those trees identified as "Existing
Trees to Remain" on . the Campus Site Plan through
modifications to the parking layout, grading plans and/or
provision
of other mitigative measures, to the
satisfaction of the Planning Consultant.

3.3

The addition of pavement markings and traffic circulation
signage to the Campus Site Plan, to the satisfaction of
the Planning Consultant.

3.4

Minor modifications'and/or clarification of the parking
calculations to the satisfaction of the Planning
Consultant.
•

5.

Prior to the issuance of a certificate of occupancy, the
Applicants shall submit the Village Building Inspector a mylar
reproduction of the site plan complete with a certification of
a professional Architect and/or a professional Engineer
attesting to the construction of the site plan and its
improvements as shown thereon.

6.

All elements of this approved site plan shall be completed to
the satisfaction of the Village Building Inspector within a
period of eighteen (18) months from the date of the issuance
of the building permit and prior to the issuance of a
certificate of occupancy. The Planning Board may issue an
extension of this time limit, dr may modify any of the above
conditions with respect thereto for good cause.

7.

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, and before
3

�/

the issuance of a certificate of occupancy. The purpose of
this final inspection is to review the development and to
require any modifications to parking, drainage, access, paving
and other site plan details, which do not comply with the
approved plan in the interest of safety, convenience,
aesthetics and the enjoyment and peace and quite of adjacent
neighbors.

PLANNING BOARD
VILLAGE OF NORTH TARRYTOWN

J6m'es Galgano, Chairman^/
ff
illage of North Tarrytown Planning Board

500\not2-012.tg

/

�yaAt-r
PLANNING BOARD
VILLAGE OF NORTH TARRYTOWN
RESOLUTION:

PRELIMINARY SUBDIVISION APPROVAL
PROPOSED ACTION:
SUBDIVISION
OF
UNDEVELOPED
PROPERTY INTO FIFTEEN (15) LOTS
FOR
DEVELOPMENT
OF
SINGLE
FAMILY HOMES.
OWNER:
NORTH TARRYTOWN ASSOCIATES
LOCATION:
SOUTH OF BEDFORD ROAD, NORTH OF
WEBBER AVENUE AND EAST OF AMOS
STREET.
TAX MAP NUMBER:
SECTION 17, BLOCK 7, LOTS 2A-1,
3, 4, 4A, 5, 6, 7 AND 8.
ZONING:
R-3, RESIDENTIAL.

WHEREAS, the Planning Board of the Village of North Tarrytown
has reviewed an application for subdivision approval (the
Application) pursuant to the Subdivision Regulations of the Village
of North Tarrytown, Chapter 62, Zoning, of the Code of the Village
of North Tarrytown and other requirements of the Village Code
considered pertinent to the Application, which application is to
subdivide property identified on the tax maps of the Village of
North Tarrytown as Section 17, Block 7, Lots 2A-1, 3, 4, 4A, 5, 6,
7 and 8 into fifteen (15) lots for single family residential
development; and
WHEREAS, the Applicant has submitted the following materials
in support of his application:
o

Erosion Control Plan. Preliminary Subdivision and
Site Plan Known as Bedford Park, prepared by Cronin
&amp; Associates P.E., P.C. and dated March 27, 1992.

o

Sketch Plan Prepared for Lots 8-15 of Bedford Park.
Sheet 1/2, prepared by Cronin &amp; Associates and
dated February 25, 1992.

o

Sketch Plan Prepared for Lots 8-15 of Bedford Park.
Sheet 2/2, prepared by Cronin &amp; Associates and
dated March 19, 1992.

o

Subdivision application, prepared by Charles M.
Pateman, III.

o

Letter from Kenneth N. Karpel to the Planning Board
of the Village of North Tarrytown and dated
February 5, 1992.

o

Full Environmental Assessment Form, prepared by
Charles M. Pateman, III.

o

Letter from Charles M. Pateman, III to the Planning

Board of the Village of North Tarrytowi, dated
April l, 1992.

o

Letter from Charles M. Pateman, III to the Planning
Board of the Village of North Tarrytown, dated
April 9, 1992.

o

Letter from Joseph R. Potenza, Deputy Commissioner,
Westchester County Planning Board to the Planning
Board of the Village of North Tarrytown, dated
March 25, 1992.

WHEREAS, in the course of its review pursuant to the
provisions of Article VIII of the Environmental Conservation Law,
the Planning Board has made the following findings and caused,
noted or conducted the following activities:

�1.

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

2.

Reviewed said application materials.

3.

Held a public hearing on said application on April 16, 1992,
at which time the Applicant, Planning Board, it's consultants
and members of the public were given an opportunity to be
heard.

4.

Requested, received and reviewed a Full Environmental
Assessment Form (EAF) in compliance with SEQR.

5.

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, at the April 16, 1992 Public Hearing of the Planning
Board of the Village of North Tarrytown, the Applicant and the
Planning Board agreed that the use of shared driveways was not
appropriate for this subdivision; and
WHEREAS, in his letter of April 1, 1992 to the Planning Board,

the Applicant requested that Preliminary Subdivision
conditioned

upon

all

necessary

approvals

being

Approval be

granted toy the

appropriate New York State and Westchester County approval
authorities with regards to each of the four (4) driveways on
Bedford Road and the four (4) driveways on Webber Avenue
maintaining adequate sight distance and all other requirements for
the required curb cuts; and
WHEREAS, the Application as proposed provides for an extension
to Amos Street with a right-of-way with a width of forty feet, a
cul-de-sac with length of approximately seven hundred (700+) feet
and a cul-de-sac radius of thirty-five (35) feet; and
WHEREAS, the §§ 12.B.(2)(a)(3a) and 12.B.(6)(a), respectively,
of the Subdivision Regulations of the Village of North Tarrytown
require that a local street maintain a right-of-way width of fifty
(50) feet and that a cul-de-sac maintain length of not more than
six hundred (600) feet and a radius of sixty (60) feet; and

JJW^
^'

WHEREAS,
§ 13.B. of the Subdivision Regulations of the
village of North Tarrytown permits the Planning Board to modify the
above noted standards when the Planning Board determines that such
a modification would be in the public interest or will avoid the
.imposition of unnecessary individual hardship; and
WHEREAS, the Planning Board thereafter received a letter dated
April 27, 1992 from Philip Zegarelli, 35 Amos Street, raising
certain objections and concerns about the project; and
NOW, THEREFORE, BE IT RESOLVED, that said application for
preliminary subdivision approval, as shown on the above noted
plans, be and hereby are granted preliminary subdivision approval
by a vote of the Planning Board of the Village of North Tarrytown
with four members voting in favor of the application and two
members voting against the application, provided, that this
approval shall expire within one hundred eighty (180) days from the
date of this resolution if the following conditions have not been
completed to the satisfaction of the Planning Board:
1.

Confirmation by the Building Inspector of the Village of North
Tarrytown that the lots shown on the above noted plans conform
with all applicable lot width and frontage requirements for
the R-3 District of the Village of North Tarrytown, as
specified in Chapter 62, Zoning, of the Code of the Village of
North Tarrytown.

�I

v

i
70 ^*
L »/UA

2.

The Applicant shall obtain from the Village of North Tarrytown
Planning Board final subdivision plan approval and site plan
approval conforming with all requirements of this resolution,
the Subdivision Regulations of the Village of North Tarrytown,
Chapter 62, Zoning, of the Code of the Village of North
Tarrytown, all other applicable laws and regulations and all
requirements of the Planning Board of the Village of North
Tarrytown.

3.

The Applicant shall provide a planting plan to the
satisfaction of the Planning Board and said planting plan
shall be incorporated into the Applicant's final subdivision
and site plan applications.

4.

The granting of a tree removal permit, inclusive of all
required bonding and mitigation measures, by the Village Tree
Commission of the Village of North Tarrytown, as per Chapter
52A, Tree Conservation, of the Code of the Village of North
Tarrytown.

5.

The underground placement of all required utilities,
including, but not limited to water, sewer, gas and electric
service.

6.

All necessary approvals being granted by the appropriate New
York State and Westchester County approval authorities with
regards to each of the four (4) driveways proposed for Bedford
Road and each of the four (4) driveways proposed for Webber
Avenue prior to the granting of final subdivision approval and
a demonstration to the satisfaction of the Planning Board that
each of the proposed driveways will maintain adequate sight
distance and grades.

7.

Provision by the Applicant of all bonding of improvements
determined to be necessary by the Planning Board of the
Village of North Tarrytown on advice of the Village
Engineering Consultant and the Building Inspector.

8.

Provision of driveway turnaround areas within the confines of
each lot, to the satisfaction of the Planning Board.

9.

The modification of the subdivision regulations for cul-de-sac
length, width and turnaround radius in accordance with the
preliminary subdivision plan is in the public interest or
avoids the imposition of unnecessary individual hardship.

BE IT FURTHER RESOLVED, that prior to the granting of a building
permit, the Applicant shall provide seventy-five thousand dollars
($75,000) to be used for improvements to the Village's sanitary
sewerage system below the site so as to mitigate the impacts of the
proposal upon the system, or, in lieu of the above monies, the
Applicant may perform improvements to said sewerage system, to the
satisfaction of the Village Engineering Consultant.

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ifflXnW

PLANNING BOARD

#/U»* ^ V I L L A G E 0 F NORTH TARRYTOWN
pfpv#*L By
James Galgano, Chairman
tA1T

py-

500\not1-021.tg

Date

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                    <text>Planning Board
Regular Meeting
North Tarrytown, New York
May 21, 1992
A regular meeting of the Planning Board was held on May 21st,
1992 at 8:00 P.M. at Village Hall, North Tarrytown, New York.
PRESENT:

James Galgano, Chairman
Ellen Tsangaris
Richard Ayers
Roman Windas
Steve Salman
James Donovan
Edward McCarthy

ALSO PRESENT:

Robert Spencer, Village Attorney
James Margotta, Building Inspector
Thomas Gissen, Planning Consultant
Joseph Gulino, Engineering Consultant

Chairman Galgano called the meeting to order at 8 P.M.
1.

David Rockeffer-Subdivision-Final Site Plan Approval.

Chairman Galgano reported that an easement will be provided by
the applicant, as required by the Planning Board. The draft of the
easement will be provided to the Village Attorney for review.
A discussion followed regarding the final site plan.
The Board determined that the proposed action is a Type II
action under SEQRA and will have minimal adverse impact on the
environment.
Mr. Salman moved, seconded by Mr. McCarthy, that the Board
approve final site plan for subdivision as requested by David
Rockefeller. Unanimously carried.
2.

Luberaer Estate-143 Valley Street-Subdivision.

Thomas McKenna, Attorney representing the Luberger Estate,
informed the Board that the property was listed as one lot with two
buildings. The applicant is seeking to subdivide the property into
two lots. At present, the buildings are non-conforming. There is
no site plan approval requested. The estate is in contract to sell
both buildings. A survey of the property will be provided to the
Board.
Attorney for Peter Gasperini, the proposed purchaser of the

�former liquor store, stated that Mr. Gasperini would like
permission to open a retail store for plumbing fixtures and
plumbing supplies. He would like a guarantee that he will be able
to use the building as a commercial establishment.
No such
guarantee was given by the Planning Board. The Board will review
the site plan application when it is properly submitted.
Gary Raniolo, representing Joseph Tanzillo, a tenant at 143
Valley Street, stated Mr. Tanzillo has signed a contract to
purchase the three family residence located on the site and wanted
assurances that no Planning Board review is required. Mr. Spencer
advised that if no change is made to the structure, no site plan
review will be required.
Mr. McKenna stated that the Luberger Estate is only requesting
a subdivision of the parcel, and the use of the parcel will be
determined by the new owners.
Mr. McCarthy moved, seconded by Mr. Windas, that the matter be
referred to the Zoning Board for its review. Carried unanimously.
3.

Anthony Marmo-Gordon Avenue-Preliminary Site Plan Approval.

Mr. John Hughes, representing Mr. Marmo, submitted a survey
for the Board to review.
After a discussion, Mr. Windas moved, seconded by Mr.
McCarthy, that the matter be referred to the Zoning Board for its
review. Carried unanimously. The Board raised the concern about
the grant to the Village by the applicant of an easement for a
sewer line.
4.

Mary Fisher-78 Beekman Avenue-Public Hearing-Site Plan
Approval.

The Clerk read the public notice to hear and consider an
application by Mary Fisher for site plan approval for the
reconstruction of premises at 78 Beekman Avenue, North Tarrytown,
(Section 16, Block 6, Lot 12 on the tax assessment map of the
Village of North Tarrytown).
Chairman Galgano asked if there was anyone present who would
like to address the Board on the matter.
Mr. John Hughes, representing Mary Fisher, stated that the
engineer for the village had determined that the building was more
than fifty (50%) destroyed during the fire. Mrs. Fisher has been
a resident of the village for over forty years and wishes to
reconstruct the building to its original state.
Mr. Gissen stated his comments were made in a memo dated April
13, 1992 and his only concern was that the open space at the rear
2

IMM I

�of the building be used by the residents for recreation.
The Building Inspector stated that the matter has been before
the Zoning Board and the required variances have been granted. The
building will be a three family residence with a retail store on
the first floor.
The Board determined that the proposed action is a Type II
action under SEQRA and will have minimal adverse impact on the
environment.
Mr. Donovan moved, seconded by Mr. Salman, that the Board
grant site plan approval as requested by Mrs. Fisher. Unanimously
carried.
5.

North Tarrytown Realty Associates-Bedford Road Extension of
Preliminary Site Plan Approval.

The Clerk read the public notice to hear and consider an
application by North Tarrytown Associates for a one-year extension
of preliminary site plan approval for premises located adjacent to
Webber Avenue, Amos Street and Bedford Road (Section 17, Block 7,
Lot 7A on the tax assessment map of the Village of North
Tarrytown).
The Chairman noted that when the Board granted the most recent
extension to North Tarrytown Associates in 1991, the Board
specifically requested that North Tarrytown Associates notify the
Board of its plans for the property at least ninety (90) days prior
to the expiration date. North Tarrytown Associates did not comply
with this condition; the applicant requested the extension only two
(2) months prior to the scheduled expiration date.
Mr. Spencer stated that the Board should hold a public hearing
on the requested extension, in view of the fact that almost four
years have expired since the applicant was granted preliminary site
plan approval.
Mr. Kenneth Karpel, representing North Tarrytown Realty
Associates, stated that the preliminary site plan is the same plan
that was approved previously by the Board. The Board has in the
past received many timely requests for extension of the preliminary
site plan approval, and although this request is short of the
required ninety days, it would be an imposition if the Board where
not to grant the extension.
Ms. Tsangaris stated that this is a different Board and felt
the Board should look at the project and review the project and the
site at this time.
Mr. Philip Zegarelli, Amos Street, stated that a petition was
submitted in 1987 by the Briggsville Association stating the

3

�neighbors were against the construction of condos on the site. He
stated the Association was against the grant of any extension of
the preliminary site-plan approval. He stated that Mr. Pateman
wants permission to build fifteen houses on the same site. After
the last meeting of the Planning Board, Mr. Karpel had delivered a
letter to the Village Hall requesting an extension.
Mr. Gabriel Hayes, Amos Street, stated he was against the
building of condos on the site.
There are two condos in the
village and they are not selling.
Ms. Viola Andrycich, Webber Avenue, state that several years
ago a Webber Avenue resident wanted to build condos on the site and
his request was denied.
Chairman Galgano stated that the request was denied as the
resident's plans did not meet the zoning requirements.
Mr. Peter Kringas, Webber Avenue, stated he had asked
permission to build two five family attached units on another site
and his request was denied. He now has permission to build two
two-family units. The applicant should not be granted an extension
and he feels a developer should construct single family houses to
conform to the neighborhood.
Mr. Salman stated the Board has to consider the impact that
the project would have on the neighborhood. He stated he was not
in favor of condos, and was not in favor of granting the extension.
Mr. Donovan stated he had inspected the area and was not in
favor of condos, and felt that condos would not fit in the
neighborhood.
Mr. Karpel stated when the applicant filed preliminary site
plans, it deposited $25,000 with the Village, and asked if it would
be entitled to a refund if the preliminary site plan was not
extended. He also stated that his tax assessment was tripled based
on the approved preliminary site plan.
Mr. Spencer directed the applicant to appear before the Board
of Assessors for real estate tax relief.
There being no further comments, Mr. Salman moved, seconded by
Ms. Tsangaris, that the public hearing be closed.
Carried
unanimously.
Discussion followed regarding the project not being started or
completed.
Mr. Karpel stated the current extension expires on June 14,
1992.

4

�Mr. Donovan stated he has been sifting through all the
information on the matter and feels that the Board should make a
decision tonight. He felt that Mr. Karpel should have abided by
the ninety day requirement.
Mr. Salman moved, seconded by Ms. Tsangaris, to deny the
extension as requested. Unanimously carried.
6.

North Tarrytown Realty Associates-Bedford park-Continuation
of Public Hearing regarding subdivision approval for
construction of 15 homes.

Mr. Salman stated he had just received a packet with
information regarding the matter and felt he could not render a
proper decision without reviewing the contents.
Mr. Pateman stated he had received a request for information
only two days ago and that was the reason for the packet being
presented tonight.
A discussion followed regarding Robert's Rules of Order
pertaining to voting held at the last meeting of the Board. Mr.
Salman stated he made a motion, seconded by Ms. Tsangaris, that was
not in the minutes of the meeting. Mr. Spencer stated that he
would review the minutes with Ken Powell, the attorney from his
office who covered the meeting, and prepare corrected minutes.
Chairman Galgano read the draft resolution for preliminary
subdivision approval as prepared by village planner (copy of draft
in official minutes).
Mr. Salman questioned the width of the road and stated the
road should be fifty feet wide to correspond with the existing Amos
Street. He also questioned if all the lots were to have a fifty
foot frontage.
Mr. Richard Blancato, Attorney for Mr. Pateman, stated that
the Building Inspector has determined that the lots comply with the
Zoning Code, and stated that the Planning Board cannot disagree
with the Building Inspector.
Mr. Zegarelli read from the Subdivision Regulations - Lots(Article V, Section 12B 9 (c)) that each lot must front on an
approved street at least fifty in width, and claimed that this
provision requires a lot to be fifty feet wide at the curb.
Chairman Galgano stated that the Building Inspector has
determined that the lots comply with the Zoning Code and the Board
chose at the meeting on April 14 to waive the required width of the
street and the radius of the cul-de-sac.

5

�Carol Morrow, Amos Street, stated she was opposed to the lots
being less tha\n 50 foot frontage. She stated that the Board is
here to protect: the residents and urged that the Board stick to the
requirement of: fifty foot frontage.
Chairman calgano stated that the matter was a question for the
Building Inspector and the Zoning Board of Appeals.
Mr. Zegarelli stated that in granting the request the Board
should look at the surrounding area to see if the project fits in
the area.
1 ^ the cul-de-sac is built as planned it will be
difficult for cars, trucks, snow plows and other vehicles to turn
around. They \tjill have to back out, which is the problem they now
have on Amos Street.
Mr. Salma*] stated he has seen letters signed by the Fire Chief
and the Highway Foreman, and would like to know who requested them
to sign the letters approving the subdivision.
Chairman oalgano stated that Mr. Pateman had spoken to the
Fire Chief and the Highway Foreman, who had inspected the site, and
they signed th^ letter as they were in agreement.
Mr. Salman stated he did not think that Mr. Pateman had the
right to ask Village employees to go up to the site and to sign the
letter.
Mr. Zegar*elli stated the letters from the Fire Chief and
Highway Forman were drafted by Mr. Pateman on his stationery but
feels the letter should be on Village stationary.
Mr. Blancsato asked that the Board grant final subdivision
approval.
Mrs. Arthur Ceconi stated that the motions made and passed at
the last meeting were confusing to everyone and felt that the
actions taken at the meeting should be declared null and void.
Mr. Gabriel Hayes stated he has lived on Amos Street since
1954, his property has a 150 foot frontage, and he would like to
see single family houses built on the property. He stated that the
Board has a responsibility to the Village and to the neighborhood.
He stated he v^s against the building of condos.
Mrs. Anne*. DeCarlo stated she has been a resident of Amos
Street since 1926, she is a senior citizen and does not want the
Board to mess vjp the area. She loves her home and does not want a
lot of trash thrown in there.
Mrs. Ann j&gt;etri, Sleepy Hollow Road, stated she is a life long
resident of t h ^ area and is not against development but would like
the Board to take a closer look at what the developer has planned

6

�for the area. She feels the project as planned would downgrade the
area.
Chairman Galgano asked Mr. Gissen to do an analysis of the
project if the cul-de-sac was fifty feet wide instead of thirtyfive feet. How many parcels would be lost and how many houses
could be built?
Mr. Donovan asked for the analysis to show how many units
would be built if all Subdivision Regulations were observed,
including the cul-de-sac.
Mr. Zegarelli stated that the preliminary subdivision
resolution was not available at the last meeting. He also stated
that no one from the neighborhood association had notice of what
items were coming up before the Board.
Mr. Spencer stated that the preliminary subdivision resolution
previously read by the Chairman this evening reflects what happened
at the last meeting.
Mr. Salman moved, seconded by Ms. Tsangaris, to table the
adoption of the preliminary subdivision resolution.
Carried
unanimously.
Mr. Salman moved, seconded by Ms. Tsangaris, that the Board
adjourn to Executive Session for consultation with the Village
Attorney. Carried Unanimously. The Board then went into executive
session with Counsel.
After the Board returned from Executive Session, without
taking any action, Mr. Pateman stated he feels that the Board made
a decision at the last meeting and feels that some consideration
should be made for the developer. He has invested a lot of money,
but is still willing to make changes so that everyone is satisfied.
Mr. Salman moved, seconded by Mr. Windas, that the Board
recall and reconsider its preliminary subdivision approval.
Chairman Galgano polled the Board as follows:
Ms. Tsangaris - yes
Mr. Salman
- yes
Mr. Donovan
- yes
Mr. Ayers
- abstain
Mr. Windas
- yes
Mr. McCarthy
- yes
Chairman Galgano declared the motion carried. Hence, there is
no preliminary subdivision approval of the project.

iMriti

�Mrs. Tsangaris moved, seconded by Mr. Salman, to defer any
further action on the matter until the study requested of the
Planning Consultant to determine how many lots would be lost if the
subdivision regulations are followed, as written, is completed.
Chairman Galgano polled the Board as follows:
Ms. Tsangaris - yes
Mr. Salman
- yes
Mr. Donovan
- yes
Mr. Ayers
- abstain
Mr. Windas
- yes
Mr. McCarthy - yes
Chairman Galgano declared the motion carried.
Mr. Blancato stated that their Engineer had made a quick
calculation and if the width of the cul-de-sac is increased to
fifty feet and the radius of the cul-de-sac is increased to meet
the Subdivision Regulations, there will be a loss of at least two
lots and perhaps as many as four. Mr. Pateman feels he needs the
fifteen lots to make the project financially feasible, and if he
does not get 15 lots he will not be able to go forward.
Mr. Spencer noted that the Board will be deemed to have
approved the preliminary subdivision unless it acts within 60 days
of submission of the preliminary subdivision application. Mr.
Blancato refused to waive the 60-day period.
Ms. Tsangaris then moved, seconded by Mr. Salman, to recall
and reconsider the motion on defer any further action on the matter
and to deny preliminary subdivision approval as requested.
Chairman Galgano polled the Board as follows:

Ms.
Mr.
Mr.
Mr.
Mr.
Mr.

Tsangaris
Salman
Donovan
Ayers
Windas
McCarthy

-

yes
yes
yes
abstain
yes
yes

Chairman Galgano declared the motion carried.
MINUTES
After a discussion it was decided that the minutes be reviewed
by the Attorney and presented at the next meeting for approval
Mr. Margotta stated that Mr. Pateman will have to deposit
$75,000 for the sewer improvements before he can begin the condos.
He also stated that Mr. Pateman has two weeks in which to begin
8

�construction on the condos.
Discussion followed regarding the building of condos on the
site. Mr. Gulino was instructed to see what permits have been
issued regarding driveways on Bedford Road, which is a State
highway.
Mr. Zegarelli would also like the name of the D.O.T. person in
charge of issuing permits for driveways entering on Bedford Road.
Chairman Galgano stated that the next meeting will be held on
June 18th, 1992.
Discussion followed regarding information being presented to
the Board before the public hearings. It was again decided that
material must be presented to the Village and then forwarded to the
Planning Board, at least two weeks in advance of meetings.
There being no further business to come before the meeting,
Mr. McCarthy moved, seconded by Mr. Ayers, that the same be duly
adjourned. Unanimously carried.

Respectfully submitted,

Irene Amato
Acting Clerk

9

�Appr/ovejjl w i t h / r e s p e c t t o s u b s t a n c e and form:

Village Attorney
D a t e d :

&lt;/,»*

Approved by the Planning Board

rrman or Acting £nairman
:ed:

Filed with Village Clerk

C l m rk
k or Deputy Clerk
Dated:
£,/2&lt;f/?

April 14, 1992
Date of Meeting

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                    <text>Planning Board
Regular Meeting
North Tarrytown, New York
June 18, 1992

FINAL

A regular meeting of the Planning Board was held on Thursday,
June 18, 1992 at 8:00 PM in Village Hall, North Tarrytown, New
York.
Present:

James Galgano, Chairman
Edward McCarthy
Ray Windas
Steve Salman

Also Present:

Absent:

James Margotta, Building Inspector
Robert W. Spencer, Village Attorney
Joseph Gulino, Charles Manganaro
Thomas Gisson, Frederick P. Clark Associates

Ellen Tsangaris
James Donovan
Richard Ayres

IN THE MATTER OF JEAN ORR, 174 KELBOURNE AVENUE. NORTH TARRYTOWN,
NEW YORK.
This matter was adjourned until July 16, 1992 pending adoption by
the Board of Trustees of the revised site plan law.
IN THE MATTER OF CHARLES M. PATEMAN - BEDFORD PARK ASSOCIATES.
NORTH TARRYTOWN. NEW YORK.
Mr. Pateman stated that this matter is a brand new application
for preliminary subdivision approval. The developer presented
two proposed subdivision plans: one for a 15-lot subdivision and
the other for a 14-lot subdivision. Mr. Pateman stated that he
is looking for direction from the Planning Board for the project.
If the Board wants to have a cul-de-sac and street width as
required by the subdivision regulations, he is willing to comply
with those requirements.
Mr. Galgano asked when it was appropriate to use a cul-de-sac.
Mr. Gissen stated that good planning normally requires the use of
a cul-de-sac when there is a public dead end street, such as Amos
Street.
Discussion then ensued concerning the proposed cul-de-sac with a
dedicated radius of 50 feet, and a paved radius of 42 feet. The
subdivision regulations provide for a turnaround at the end of
the cul-de-sac with a radius of not less than 60 feet. The
question was raised whether vehicles such as a fire truck, a snow
1

�plow, a garbage truck or an ambulance could turn around in a culde-sac with a 42 foot paved radius and not have to back out Amos
Street. Mr. Gissen noted that a standard size UPS truck could
turn around in a cul-de-sac with a 42 foot radius. He did not
know if a fire truck or a garbage truck could do so.
Mr. Salman asked if curb cut approvals on Bedford Road or Weber
Avenue had been obtained yet. Mr. Pateman stated that curb cuts
on Bedford Road had to be approved by the New York State
Department of Transportation, that no such approvals had been
issued yet, and that he could not obtain building permits and
start construction until he had received curb cut permits from
DOT for Bedford Road. Weber Avenue is County road.
Mr. Salman then raised the issue of parking in the cul-de-sac,
and asked if adequate off-street parking would be provided. Mr.
Pateman stated that the driveway area for each house on Amos
Street could be enlarged to provide parking for two cars on site.
Mr. Spencer noted that the Board will have to decide the
application for preliminary subdivision approval at the next
meeting on July 16. He noted that the subdivision regulations
provide that the Board may require the developer to set aside and
dedicate to the Village up to 10 % of the area of the proposed
subdivision for parks, playgrounds or other recreational
purposes.
Mr. Spencer further stated for the record that the approval for
the condominium project on the site had expired.
Mr. McCarthy made a motion to set a Public Hearing for July 16,
1992 seconded by Mr. Salman. Motion carried unanimously.
Mr. Salman made a motion to approve the minutes of April 14th and
May 21st, 1992, seconded by Mr. Windas. Motion carried
unanimously.
Mr. McCarthy made a motion to hear public comments seconded by
Mr. Salman. Motion carried unanimously.
Mr. Zegarelli stated that he and the residents of Briggsville are
just looking for safety. The residents would accept a 13-lot
subdivision.
Some residents were not against the project but did have
concerns.
Mr. Poli stated that it is a good idea to have new housing built
because it will provide tax revenue for the Village.
Mr. Kringas stated that the Village should be in favor of the
development.
2

�Mr. McCarthy made a motion to adjourn the meeting, seconded by
Mr.Windas. Motion carried unanimously.
There being no further business, the meeting was adjourned at
9:30 PM.
ictfully submittec
Christine A. YurkoVlc
Recording Secreta]

3

�t

Approyed J/ith respect to substance and form:
/

Village Attorney

Dated:

t/^

Approved by the Planning Board

A^tMd d/&amp;S!L„
ited:

Filed with Village Clerk

-Qjrei-k or Deputy Clerk
Dated:
L/^^Q^

May 21, 1992
Date of Meeting

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                    <text>Planning Board
Regular Meeting
North Tarrytown, New York
July 16, 1992

•

FINAL

A regular meeting of the Planning Board was held on Thursday,
July 16, 1992 at 8:00 PM in Village Hall, North Tarrytown, New
York.
Present:

James Galgano, Chairman
Edward McCarthy
Ray Windas
Steve Salman
Richard Ayers

Also Present:

Absent:

^B
^^

1.

James Margotta, Building Inspector
Robert W. Spencer, Village Attorney
Robert Curti,
Charles A. Manganaro, Village Engineers
Thomas Gisson and Susan Portman,
Frederick P. Clark Associates

Ellen Tsangaris
James Donovan

IN THE MATTER OF ARLINDO RUIVO, CORNER OF WASHINGTON STREET
AND DEPEYSTER STREET

John Hughes, counsel for Arlindo Ruivo, advised that the
application requests approval of a site plan for a three family
residence and a subdivision which would create two lots from one.
A rear yard variance is requested. Mr. Galgano advised that this
request be referred to the Zoning Board. A motion was made to
this effect by Mr. R. Windas, seconded by Mr. Salman, and carried
unanimously.
2.

IN THE MATTER OF BEDFORD PARK ASSOCIATES - APPLICATION FOR
PRELIMINARY SUBDIVISION APPROVAL

The Secretary read the Public Notice concerning the
application by Bedford Park Associates for preliminary
subdivision approval for a subdivision located at the end of Amos
Street.
Charles Pateman, representing the applicant, advised the
Planning Board that the application is a new application. Plans
were submitted for a 15-lot subdivision and a 14-lot subdivision.
The plans show a 50-foot wide roadway, as required by the
Subdivision Regulations, and a cul-de-sac with a radius of 60
feet (the paved cul-de-sac will have a radius of 50 feet).

�Charles Pateman stated that the applicant will follow the
directions of the Planning Board; either plan is acceptable to
the applicant.
Chairman Galgano then opened the meeting for public comment.
Philip Zegarelli, 35 Amos Street, stated that the residents had
not yet seen the plan for the 14-unit development. The neighbors
are not against development of the property, but are concerned
about frontages on Amos Street and would favor a 13-unit
subdivision. Mr. Zegarelli requested that preliminary
subdivision approval not be granted until the State and County
have reviewed the proposed subdivision.
Mrs. A. Petri expressed concern whether the size of the culde-sac was adequate and suggested opening up Cottage Place, a
paper street, as another exit.
Mr. Salman stated that he believed that the incline of the
driveways from the proposed houses onto Webber Avenue and Bedford
Road would be a significant problem. He had measured a number of
cul-de-sacs in the Village and would recommend a cul-de-sac with
a paved radius of 60 feet as required by the Subdivision
Regulations.
A motion was made, seconded and unanimously carried to close
the Public Hearing.
Members of the Planning Board then made comments about the
proposed subdivision.
Mr. Windas suggested that the Board consider a 14-lot
subdivision with a cul-de-sac having a paved radius of 50 feet
and with each lot having 50-foot frontage. Mr. Salman noted that
the Board must still deal with the needed waiver for a cul-de-sac
with a length of more than 600 feet (the Subdivision Regulations
do not permit a cul-de-sac to be longer than 600 feet without a
waiver by the Planning Board). Mr. McCarthy stated that he
believed that a cul-de-sac with a radius of 50 feet is adequate;
he is opposed to any parking in the cul-de-sac. The engineer for
the applicant noted that the driveways could be widened to permit
off-street parking.
Mr. Pateman noted that if the applicant was permitted to
build only 14 houses, it could not afford to make off-site
improvements to the sewer system.
Mr. Salman favors a 13-lot subdivision.
Mr. Windas questioned what egress will be used by the
applicant during the course of construction; how will
construction be conducted so that the neighbors will not be
abused. The applicant will submit a plan to state how

2

�construction will be accomplished to minimize inconvenience to
the neighbors.
Mr. Windas stated that he also favored a 13-lot subdivision.
The applicant noted that there is no application pending for
a 13-lot subdivision. The only applications pending are fo^- a
15-lot subdivision and a 14-lot subdivision.
Chairman Galgano called for a vote on the application
14-lot subdivision.

for a

The Planning Board then considered the classification of the
proposed development under SEQRA. A motion was made by Mr.
Windas, seconded by Mr. Ayers, that the proposed developmervt be
considered an unclassified action under SEQRA, and that a
negative declaration be made concerning the proposed project/
subject to the following conditions:
(1)

the applicant provide more detailed information
concerning the vegetation and grading behind Lots 8-14;
and

(2)

the applicant provide a wildlife corridor behind
8-14.

lots

The motion was carried unanimously.
Mr. McCarthy moved, seconded by Mr. Ayers, that the
application for preliminary subdivision approval of the 14—jot
subdivision shown on the plan entitled Preliminary Final
Subdivision and Site Plan known as Bedford Park, prepared o y
Cronin &amp; Associates, P.E., P.C., dated February 25, 1992, Xast
revised April 28, 1992 be approved, subject to the applicant
satisfying the following conditions to the satisfaction of the
Planning Board within 180 days from the date of this resolution:
(1)

Revision of the subdivision plan to show a confowning
cul-de-sac with a right-of-way radius of sixty (60)
feet and a paved area radius of fifty (50) feet.

(2)

Inclusion of a detail plan, to the satisfaction of
the Planning Board, for the stabilization and
replanting of the steeply sloped area located a t , or
near, the rear yard areas of Lots 8, 9, 10, 11, X2f 13
and 14 for the duel purpose of providing slope
stabilization and a wildlife corridor in the are^.

(3)

Provision of driveways with widths of not less tfcjan
twenty (20) feet for Lots 5, 6, 7, 8, 9 and 10.

(4)

Confirmation by the Building Inspector of the Village

3

�of North Tarrytown that the lots shown on the above
noted plans conform with all applicable lot width and
frontage requirements for the R-3 District of North
Tarrytown, as specified in Chapter 62, Zoning, of the
Code of the Village of North Tarrytown.
(5)

The Applicant shall obtain from the Village of North
Tarrytown Planning Board final subdivision plan
approval and site plan approval conforming with all
requirements of this resolution, Subdivision
Regulations of the Village of North Tarrytown, Chapter
62, Zoning, of the Code of the Village of North
Tarrytown, all other applicable laws and regulations
and all requirements of the Planning Board of the
Village of North Tarrytown.

(6)

The Applicant shall provide a planting plan to the
satisfaction of the Planning Board and said planting
plan shall be incorporated into the Applicant's final
subdivision and site plan applications.

(7)

The granting of a tree removal permit, inclusive of all
required bonding and mitigation measures, by the
Village Tree Commission of the Village of North
Tarrytown, as per Chapter 52A, Tree Conservation, of
the Code of the Village of North Tarrytown.

(8)

The underground placement of all required utilities,
including, but not limited to water, sewer, gas and
electric service.

(9)

All necessary approvals being granted by the
appropriate New York State and Westchester County
approval authorities with regards to each of the four
(4) driveways proposed for Bedford Road and each of the
four (4) driveways proposed for Webber Avenue prior to
the granting of final subdivision approval and a
demonstration to the satisfaction of the Planning Board
that each of the proposed driveways will maintain
adequate sight distance and grades.

(10) Provision by the Applicant of all bonding of
improvements determined to be necessary by the Planning
Board of the Village of North Tarrytown on advice of
the Village Engineering Consultant and the Building
Inspector.
(11) Provision of driveway turnaround areas within the
confines of each lot, to the satisfaction of the
Planning Board.

4

�FURTHER RESOLVED, that the modification of the
subdivision regulations for cul-de-sac length in accordance
with the preliminary subdivision plan is in the public
interest or avoids the imposition of unnecessary individual
hardship.
FURTHER RESOLVED, that prior to the granting of a
building permit, the Applicant shall provide seventy-five
thousand dollars ($75,000) to be used for improvements to
the Village's sanitary sewerage system below the site so as
to mitigate the impacts of the proposal upon the system, or,
in lieu of the above monies, the Applicant may perform
improvements to said sewerage system, to the satisfaction of
the Village Engineering Consultant.
The vote on the motion was as follows:
Mr. McCarthy
Yes
Mr. Windas
Yes
Mr. Ayers
Yes
Mr. Salman
No
Chairman Galgano
Yes.
Cha_irman Galgano declared the motion carried by a 4-1 vote.
The minutes of the previous meeting of June 18, 1992 were
apprroved on a motion made by Mr. E. McCarthy, seconded by Mr. S.
Saltan, and unanimously carried. There was discussion on changes
in .occupancy, change of use, site plan revisions, and
subdivisions subject to review by the Planning Board. Mr. Salman
suggested that a letter received from the County may have
something to do with our discussion of tonight regarding density.
The Board should review the letter from the County.
Mee-ting adjourned on a motion made by Mr. Windas, seconded by Mr.
Ayejrs, and unanimously carried.
Respectfully submitted,
Mar- ie Timmings

5

�Approve/t\with respect to substance and form:

Village AttorAe^

Dated:

[ I tfi/fy/

Approved by the Planning Board

Chairman
pr Ac
Acting^^nairman
man pr
Dated

F i l e d w i t h V i l l a g e Clerk

Clerk or Depu
Deputy Clerk
Dated: ?I/O /&lt;*

: rp*/s

JUNE 18, 1992

Date of Meeting

�2661 9

91W

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                    <text>REGULAR MEETING
NORTH TARRYTOWN, NEW YORK
August 20, 1992

FINAL

A regular meeting of the Planning Board was held on Thursday,
August 20, 1992 at 8:00 PM in Village Hall, North Tarrytown, New
York.
Present:

James Galgano, Chairperson
Edward McCarthy
James Donovan
Roman Windas
Steve Salman

Also Present:

James Margotta, Building Inspector
Robert W. Spencer, Village Attorney
Joseph Gulino, Charles Manganaro
Thomas Gisson, Frederick P. Clark Associates

The meeting was called to order at 8:10 P.M. by the Chairperson,
James Galgano.
IN THE MATTER OF ALBERT PECK. BARNHART AVENUE. NORTH TARRYTOWN.
NEW YORK.
Mr. Galgano stated that this matter will be adjourned until the
next meeting due to the fact that not enough information about
the proposed subdivision is available at this time.
IN THE MATTER OF CHUCK PATEMAN. BEDFORD PARK ASSOCIATES. NORTH
TARRYTOWN. NEW YORK.
Mr. Galgano stated that the Planning Board will go through the
conditions that were set at the time of approval of the
preliminary subdivision at the July meeting.
1.
Revision of the subdivision plan to show a conforming
cul-de-sac with a right-of-way radius of sixty (60) feet and a
paved area radius of fifty (50) feet. Mr. Pateman stated that
this condition has been satisfied.
2.
Inclusion of a detailed plan, to the satisfaction of the
Planning Board, for the stabilization and replanting of the
steeply sloped area located at , or near, the rear yard area of
Lots 8, 9, 10, 11, 12, 13 and 14 for the dual purposes of
providing slope stabilization and a wildlife corridor. Mr.
Pateman stated that he was under the impression that this matter
would be considered as part of the site plan approval
application. The Applicant has added Note 24 to the General
Notes on the final subdivision plat which provides that all
grading shall not exceed 1 foot vertical to 2 feet horizontal.
The Applicant has also included Erosion Control Notes on the

,— &gt;

IT

�plat.
There was an extended discussion of the replanting of trees on
the site. The plat- provides for the planting of new street trees
on Amos Street and the cul-de-sac. The Applicant has added Note
12 to the Erosion Control Notes on the plat which provides that
the species and size of proposed street trees shall be determined
by the Tree Commission at the time of planting.
Jack Arcate of the Tree Commission commented that Jeff Wiegert,
the DEC Forester, had examined the site and determined that 61
trees would be lost because of the development, and 25 trees were
to be retained. There was concern whether those 25 trees would
survive construction on the site. Dr. Sweet noted that the
existing trees on the site were dead, diseased or inferior trees.
Better trees could be planted as replacement trees. The Sugar
Maple tree would be an ideal tree.
It was agreed with the Applicant that no certificates of
occupancy would be issued until the Street trees and the
replacement trees in the development were planted.
(Correspondence concerning trees is in the official minutes.)
Mr. Gissen stated that there are two different issues. One
concerns the tree removal permit. The other issue concerns
control of erosion on slopes. Mr. Tim Cronin of Cronin &amp;
Associates, P.E., the engineer for the Applicant, stated that the
slope is stable without a root system. The slope is less than
what soil will seek in nature.
3.
Provision of driveways with widths of not less than twenty
(20) feet for Lots 5, 6, 7, 8, 9 and 10. Mr. Pateman stated that
the plans do not provide for driveway widths of twenty (20) feet
which he said would be excessive, particularly in view of the
size of the cul-de-sac. Mr. Cronin stated that he was not sure
of the reasoning why each driveway had to be 20 feet wide. Mr.
Spencer stated that it was to eliminate off-street parking. Some
members of the Board did not want parking in the cul-de-sac.
Mr. Gissen stated that the reasoning behind the twenty (20) foot
width was that if someone wanted to plant a hedge, install a wall
or plant flower beds along the side of the driveway, the usable
driveway area would be reduced. Many codes require a width of
10 ft. for each parking space. Mr. Pateman stated that he has
conformed to the regulations by providing one parking space. The
ordinance calls for one parking space. Mr. Pateman stated that
he is more than willing to provide adequate parking. Mr. Cronin
stated that a 20 ft. driveway is not necessary. Mr. Windas
stated his opinion that 16 ft. for two cars, along with a garage,
would be no problem. Mr. Galgano agreed that a width of 16 ft.
should be used for the driveways.
2

�4.
Confirmation by the Building Inspector of the Village of
North Tarry town that the lots shown on the plans conform with all
applicable lot width and frontage requirements for the R-3
District of the Vil-lage of North Tarrytown, as specified in
Chapter 62, Zoning, of the Code of the Village of North
Tarrytown. Mr. Margotta stated that the applicant conforms with
the requirements. Mr. Spencer stated that he would furnish
written confirmation for the file with respect to the question of
frontages. Mr. Windas was concerned about the lot widths. It's a
matter of not setting a precedent for future applications. Dr.
Salman stated that a letter should go to the Board of
Trustees and ask for the definition of lot frontage to be
clarified.
5.
The Applicant shall obtain from the Village of North
Tarrytown Planning Board final subdivision plan approval and site
plan approval conforming with all requirements of this
resolution, the Subdivision Regulations of the Village of North
Tarrytown, (except as modified by the Planning Board), Chapter
62, Zoning, of the Code of the Village of North Tarrytown, all
other applicable laws and regulations and all requirements of the
Planning Board of the Village of North Tarrytown. Mr. Spencer
stated that under Section 7 of the subdivision regulations the
Applicant, prior to the submission of the final plat, shall have
installed the necessary improvements (or guarantees shall be
provided for the installation of such improvements). Mr. Pateman
stated that General Note 5 was put on the plan submitted to the
Board (Copy in Official Minutes.) Mr. Windas stated that he was
concerned about improvements which deal with streets, such as
street lights and trees. Mr. Spencer stated that the Code
provides that prior to the Planning Board's approval of the final
subdivision plat, the Applicant shall have installed or shall
provide guarantees for installation of any required street,
sanitary improvements, and utilities, including electric, gas,
and telephone.
Mr. Pateman stated that the Applicant agrees that the final plat
shall not be signed until the Applicant has complied with all of
the provisions of the resolution granting final subdivision
approval. Mr. Pateman believes that this is a good guaranteebonding is extremely expensive and difficult to get.
This will
be a stated condition as part of the final approval of the
Planning Board.
Mr. Windas feels that the Tree Commission should be the
controlling agency with respect to the selection and planting of
trees, and would report back to the Planning Board.
Mr. Windas made a motion to delegate responsibility to the Tree
Commission for the selection and planting of trees on the site,
which was seconded by Dr. Salman, and unanimously adopted.
3

�6.
The Applicant shall provide a planting plan to the
satisfaction of the Planning Board and said planting plan shall
be incorporated into the Applicant's final subdivision and site
plan applications. 7.
The granting of a tree removal permit, inclusive of all
required bonding and mitigation measures, by the Village Tree
Commission of the Village of North Tarrytown, as per Chapter 52A,
Tree Conservation, of the Code of the Village of North Tarrytown.
Discussion of this matter was covered in the preceding condition
7.
8.
The underground placement of all required utilities,
including, but not limited to, water, sewer, gas and electric
service. Mr. Gulino stated that storm drainage should be added.
Mr. Pateman stated that there would be no problem with
underground service, but Con Edison may want to service overhead,
since there currently are poles on Bedford Rd. and Webfeer Ave.
An application can be made for underground service. Mr. Windas
stated that he would like to add certain services such as Cable
T.V., alarm systems and telephone services. Mr. Pateman stated
that he would put a note on the plan. Mr. Galgano stated that
all utilities will be covered.
9.
All necessary approvals being granted by the appropriate New
York State and Westchester County approval authorities with
regard to each of the four (4) driveways proposed for Bedford
Road and each of the four (4) driveways proposed for Webber
Avenue prior to the granting of final subdivision approval and a
demonstration to the satisfaction of the Planning Board that each
of the proposed driveways will maintain adequate sight distance
and grades. Mr. Patemen stated that approvals from New York
State and Westchester County cannot be obtained if the State and
County do not know the exact location of the driveways. (A
letter from New York State and Westchester County are in official
minutes.) Mr. Pateman stated that he is willing to put a note on
his plan stating that no lot shall be transferred until such time
as the appropriate driveway permit has been obtained from the New
York State D.O.T. and the County.
Each driveway will have a different profile. Mr. Pateman said
that he would not develop a lot if he cannot get the proposed
driveway permit for that lot. Mr. Salman asked if the driveway
should be delineated on the plan at this time. Mr. Pateman
responded that the driveways should not be shown until a later
date, but that the potential location of the driveways is
relatively limited.
10. Provision by the Applicant of all bonding of improvements
determined to be necessary by the Planning Board of the Village
of North Tarrytown on the advice of the Village Engineering
4

�Consultant and the Building Inspector. Mr. Pateman stated that
he has agreed to install the utilities before the Board signs the
plat.
11. Provision of driveway turnaround areas within the confines
of each lot, to the satisfaction of the Planning Board. Mr.
Pateman does have turnaround areas on the plan for the houses on
Webber Ave. and Bedford Rd.
Mr. Gulino stated that the provision of bonding could be
important if during construction the developer goes bankrupt. The
Village might have the burden of completing the work at its
expense.
Mr. Spencer requested that in reference to condition number nine
concerning driveways, the Board should hold up giving final
approval until the Applicant received driveway approvals or give
final approval subject to the Applicant getting driveway permits.
Mr. Pateman suggested that the Board adopt a resolution with a
stated condition the Chairman does not have to sign the plat
until the driveway permits are granted. In other words, have a
condition that the plat is not signed by the Chairman until such
time as the Applicant obtains those permits.
At this point during the meeting, discussion took place
concerning the sewerage system on New Broadway. Mr. Gulino
stated that the Village had looked into the situation a few
years ago and at that time was considering repairing the system
or banning construction in that area. The prior developer agreed
to repair the sewer. Mr. Pateman said the other developer would
have repaired the sewer in exchange for 15 units instead of 14
units. He will not do so if he only has 14 units.
Mr. Donovan stated that the Village should look at the sewer
line. He feels that Mr. Patemen is bringing out a good point,
that the problem is a Village problem. Mr. McCarthy agrees that
it is a Village concern. Mr. Galgano asked if Mr. Gulino could
provide a report regarding his opinion. A letter is to be sent
to the Board of Trustees about the sewer problem.
A letter was submitted to the Planning Board by Mr. Cronin
concerning construction and congestion on Amos St. during
construction. (Copy in Official Minutes)
Mr. Spencer stated that the Board should determine whether the
application for final subdivision is complete and the matter is
ready for a Public Hearing. Mr. Windas so moved, seconded by Mr.
Donovan. Motion carried unanimously

5

�PUBLIC COMMENTS
Mrs. Ceconi asked if the subdivision was based on 14 homes or
six. Mr. Galgano answered 14. Mr. Gissen stated that his
understanding was that the Applicant has agreed to put something
in writing that if he fails to receive all the driveway- curb cuts
on Webber Ave. and Bedford Rd., he will lose those lots* for which
he is unable to obtain a permit and won't contest it wxth the
Village. If he cannot get any permits for Bedford Rd. lie will
lose four lots, but he still has 10 lots to build on.
Furthermore, if the Applicant does not develop the lot after
clearing the lot, the Applicant will replant trees to Restore the
area.
Mr. Pateman stated that he has no problem if the plat is not
signed until such time as he has received driveway permits from
the D.O.T. and the County. If the plat isn't filed, h ^ cannot
build on the lots. Mr. Spencer asked Mr. Pateman how lie can
guarantee the Village if and when trees are cleared from "the
property that the replacement tree planting will take place.
Mr.Pateman stated that $10,000 in inspection fees can fee kept by
the Village for such purpose.
Mr. Donovan made a motion to close the Public Comment section,
seconded by Dr. Salman . Motion carried unanimously.
It was the consensus of the Board that the Village should have
some assurance that the utilities will be completed, i ^ started,
and that replacement trees will be planted if necessary. Mr.
Pateman stated that he will also waive the recreation ^ees which
are $15,000 towards the completion of the utilities anci
rehabilitation of the site. The amount available to tfcie Village
would be a maximum of $25,000.
Mr. Windas made a motion to approve the final subdivision with
conditions, seconded by Mr. Donovan. The conditions a^e as
follows:
1.
All references to the applicant shall include the
applicant's successors and assigns. The conditions included as
part of the approval of the preliminary subdivision plan are
incorporated by reference.
2.
The applicant shall obtain from the Village of No^th
Tarrytown Planning Board site plan approval for each and every
lot in this fourteen (14) lot subdivision conforming with all
requirements of this resolution, Chapter 62, Zoning, of the Code
of the Village of North Tarrytown, all other applicable laws and
regulations and all other requirements of the Planning Board of
the Village of North Tarrytown.

6

�3.
The Applicant shall provide a detailed plan as to the
replanting of the site for the purposes of providing soil
stabilization/erosion control to the satisfaction of the Village
Engineering and Planning consultants and said planting plan shall
be incorporated into the Applicant's final subdivision and site
plan applications.
4.
The granting of a tree removal permit, inclusive of all
required bonding and mitigation measures, by the Village Tree
Commission of the Village of North Tarrytown, as per Chapter 52A,
Tree Conservation, of the Code of the Village of North Tarrytown,
with the Applicant's compliance with said tree permit and all of
the conditions thereof to be required conditions for the
continued validity of this resolution of final subdivision
approval.
5.
The underground placement of all required utilities,
including, but not limited to, water, sanitary sewer, storm
drainage, gas, cable television, alarm systems, telephone and
electric service for all of the proposed lots fronting on Amos
Street and wherever else permitted by the appropriate public
utilities.
6.
The installation of all utilities, to the satisfaction of
the Building Inspector and all other applicable approval
authorities, prior to the signing of the final subdivision plat.
7.
Provision of all drainage calculations and other required
engineering details to the satisfaction of the Village
Engineering Consultant.
8.
All necessary approvals being granted by the appropriate New
York State and Westchester County approval authorities with
regards to each of the four (4) driveways proposed for Bedford
Road and each of the four (4) driveways proposed for Webber
Avenue prior to the signing of the final subdivision plat by the
Village of North Tarrytown.
9.
The Applicant's continuing
refrain from transferring title
subdivision lots until driveway
final form from the appropriate
County approval authorities.

compliance with its offer to
to any of the proposed
permits have been obtained in
New York State and Westchester

10. The Applicant's continuing compliance with its offer to
absorb the full cost and financial impact of the loss of any lots
and to waive any rights to compensation due to a reduction in the
proposed subdivision's lot count that is the result of the
Applicant's failure to obtain from the appropriate New York
State or Westchester County approval authorities driveway curb
cut permits for any of the four (4) driveways proposed for
Bedford Road and any of the four (4) driveways proposed for
7

�Webber Avenue.
11. In lieu of bonding for the proposed utilities, planting plan
and tree removal permit requirements, if the Applicant fails to
complete the project, all monies held in escrow by the Village of
North Tarrytown, including but not limited to, fifteen thousand
dollars ($15,000) in payments for recreation fees associated with
this site and any outstanding sums not previously spent for
inspection and consultant fees, shall be forfeited to the Village
and may be used by the Village to complete the utilities and to
restore the site to a vegetated state as similar to its existing
condition as is practicable. In no case, shall the use of such
monies release the Applicant from his duty to pay such
recreation, consultant and inspection fees and to complete all
utilities and plantings required by this resolution or by the
Tree Commission of the Village of North Tarrytown.
12. The Applicant, at its sole cost and expense, shall repair
any public street that is damaged or subjected to unusual wear
due to the Applicant's construction activity and associated
activities.
13. Provision of a construction sequences plan to the
satisfaction of the Village Engineering and Planning Consultants.
14. Prior to the signing of the final plan, the Applicant shall
have completed the required improvements to the satisfaction of
the Building Inspector and the Village Engineering Consultant.
With a roll call vote, the vote to approve the motion was
unanimous.
Mr. Windas made a motion to approve the minutes of July 16, 1992,
seconded by Mr. McCarthy. Carried unanimously.
The meeting was then adjourned.
Respectfully submitted,

Christine A. Yurkovic
Recording Secretary

8

�V

Approved with respect to substance and form:

* tv 'm^,

Village Attbrhey

Dated:

\ I

f ^ /

Approved by the Planning Board

4&gt;y&gt;?Ms,J 7^ n / ^ ^ y ^ ^

tairmari o r A c t i n g Cha^ppfen
^/Dated:

Filed with Village Clerk

d-

CuJLAJL^Cb

Clork or Deputy
Dated: 9 / ^ 9 ^

Clerk

JULY 16, 1992
Date of M e e t i n g

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                    <text>Planning Board
Regular Meeting
North Tarrytown, New York
September 17, 1992

FINAL

A regular meeting of the Planning Board was held on Thursday,
September 17, 1992 at 8:00 PM in Village Hall, North Tarrytown,
New York.
Present:

James Galgano, Chairman
Edward McCarthy
Ray Windas
Steve Salman
Ellen Tsangaris
James Donovan

Also Present:

Absent:
1.

James Margotta, Building Inspector
Robert W. Spencer, Village Attorney
Joseph Gulino
Charles A. Manganaro, Village Engineers
Thomas Gisson and Susan Portman,
Frederick P. Clark Associates

Richard Ayers

IN THE MATTER OF ALBERT PECK (ESTATE OF BESSIE LEVY and
HANNAH LEVY (TRUST) Barnhart Avenue
This is a continuation of the public hearing for a
subdivision to create six (6) lots from one existing lot
(one lot for each currently existing residence). Mr. Peck
advised that he has submitted the proposed Declaration of
Easements to Village Counsel for review. Mr. Salman asked
about parking. Mr. Margotta advised that there was
sufficient parking in the rear yards of the lots, through a
common driveway. A motion to close the public hearing was
unanimously adopted.
A motion to declare the proposed subdivision an unclassified
action under SEQRA which would have no material adverse
impact on the environment by reason of the granting of the
subdivision request was unanimously adopted.
Mr. Windas moved that the application be granted as
submitted. Mr. Donovan seconded the motion. The motion was
unanimously adopted.

9
&gt; .•AsteiiaL..'

�ESTATE OF WALTER LUBERGBR, Valley Street
This is a public hearing to approve a subdivision to create
two (2) lots from one existing lot. One lot would be
occupied by an existing multi-family residence. The second
lot would be occupied by an existing commercial building.
The applicant is proposing to create a common driveway 15
feet in width. Existing parking on the property in front of
the commercial building will be eliminated.
Two matters were raised concerning parking on the site. At
the rear of the portion of the site occupied by the
residence is a garden which should be paved for a parking
space, and there is a pipe protruding from the ground from
an old oil tank. The applicant agreed to remove the pipe.
There is an existing berm in one of the rear parking spaces
in the portion of the site occupied by the commercial
building. There was extended discussion concerning the
removal of the berm.
A motion to close the public hearing was unanimously
adopted.
A motion to declare the proposed subdivision as an
unclassified action under SEQRA which would have no material
adverse impact on the environment was unanimously adopted.
Mr. Windas moved, seconded by Mr. Donovan, that the
application for subdivision be approved, subject to the
following conditions:
(1)

Frederick P. Clark Associates will review and
approve the revised subdivision plan;

(2)

the berm will comply with national standards as
confirmed by Frederick P. Clark Associates;

(3)

the driveway easement should be approved by
Village Counsel and filed with the County Clerk.

The motion was unanimously approved.
PHELPS MEMORIAL HOSPITAL-MRI BUILDING
This is a public hearing for site plan approval for a new
MRI unit adjacent to the South wing of the Hospital.
Representatives of the Hospital explained the details of the
building. The hearing will be continued after the Board,
the Building Inspector and Frederick P. Clark Associates
review the plans. The building must be sprinklered. A

2

�recreation fee will be due the Village. The Hospital needs
to prepare and file an environmental assessment form.
4.

BEDFORD PARK-SITE PLAN APPROVAL
This is an application for site plan approval of the 14-lot
subdivision north of Bedford Road, South of Amos Street and
east of Webber Avenue.
The Board reviewed and approved the following resolution
concerning final subdivision approval for the project:

NOW, THEREFORE, BE IT RESOLVED, that said application for
final subdivision approval for a fourteen (14) lot subdivision,
as shown on the plan entitled, Final Subdivision and Site Plan
Known as Bedford Park, prepared by Cronin &amp; Associates P.E., P.C.
and dated August 5, 1992, be and hereby is granted conditional
final subdivision approval by a vote of the Planning Board of the
Village of North Tarrytown with five (5) members voting in favor
of the application, no member voting against the application and
two members absent, provided, that this conditional final
subdivision approval shall expire within ninety (90) days from
the date of this resolution if the following conditions have not
been completed to the satisfaction of the Planning Board:
1.

All references to the applicant shall include the
applicant's successors and assigns.

2.

Except as specifically amended herein, the conditions
included as part of the approval of the preliminary
subdivision plan are incorporated by reference.

3.

The Applicant shall obtain from the Village of North
Tarrytown Planning Board site plan approval for each
and every lot in this fourteen (14) lot subdivision
conforming with all requirements of this resolution,
Chapter 62, Zoning, of the Code of the Village of North
Tarrytown, all other applicable laws and regulations
and all requirements of the Planning Board of the
Village of North Tarrytown.

4.

The Applicant shall provide a detailed plan as to the
replanting of the site with sod for the purposes of
providing soil stabilization/erosion control to the
satisfaction of the Village Engineering and Planning
consultants and said planting plan shall be
incorporated into the Applicant's final subdivision and
site plan applications.

5.

The granting of a tree removal permit, inclusive of all
required bonding and mitigation measures, by the
Village Tree Commission of the Village of North
3

�Tarrytown, as per Chapter 52A, Tree Conservation, of
the Code of the Village of North Tarrytown, with the
applicant's compliance with said tree permit and all of
the conditions thereof to be required conditions for
the continued validity of this resolution of final
subdivision approval.
6.

The underground placement of all required utilities,
including, but not limited to, water, sanitary sewer,
storm drainage, gas, cable television, alarm systems,
telephone and electric service for all of the proposed
lots fronting on Amos Street and wherever else
permitted by the appropriate public utilities.

7.

The installation of all utilities, to the satisfaction
of the Building Inspector and all other applicable
approval authorities, inclusive of compliance with all
scheduling of inspection requirements of the Village of
North Tarrytown and all other approval authorities or
their agents, prior to the signing of the final
subdivision plat.

8.

Provision of all drainage calculations and other
required engineering details to the satisfaction of the
Village Engineering Consultant.

9.

All necessary approvals being granted by the
appropriate New York State and Westchester County
approval authorities with regards to each of the four
(4) driveways proposed for Bedford Road and each of the
four (4) driveways proposed for Webber Avenue prior to
the signing of the final subdivision plat by the
Village of North Tarrytown.

10.

The applicant's continuing compliance with its offer to
refrain from transferring title to any of the proposed
subdivision's fourteen (14) lots until driveway permits
for each of the site's four (4) driveways proposed for
Bedford Road and each of the site's four (4) driveways
proposed for Webber Avenue have been obtained in final
form the appropriate New York State and Westchester
County approval authorities.

11.

The applicant's continuing compliance with its offer to
absorb the full cost and financial impact of the loss
of any lots and to waive any rights to claims of
compensation due to a reduction in the proposed
subdivision's lot count that is the result of the
applicant's failure to obtain from the appropriate New
York State or Westchester County approval authorities
driveway curb cut permits for any of the four (4)
4

�driveways proposed for Bedford Road or any of the four
(4) driveways proposed for Webber Avenue.
In lieu of bonding for the proposed utilities, planting
plan and tree removal permit requirements, if the
applicant fails to complete the project, all monies
held in escrow by the Village of North Tarrytown,
including but not limited to fifteen thousand dollars
($15,000) in payments for recreation fees associated
with this site and any outstanding sums not previously
spent for inspection and consultant fees, shall be
forfeited to the Village and may be used by the Village
to complete the utilities and to restore the site to a
vegetated state as similar to its existing condition as
is practicable.
In no case, shall the use of such monies release the
applicant from its duty to pay such recreation,
consultant and inspection fees and to complete all
utilities and plantings required by this resolution or
required by the Tree Commission of the Village of North
Tarrytown.
The applicant, at its sole cost and expense, shall
repair any public street that is damaged or subjected
to unusual wear due to the applicant's construction
activity and associated activities.
Submission to the Village of North Tarrytown of a
letter of agreement by the applicant in form
satisfactory to the Village Attorney, stating that the
applicant has made the offers contained in conditions
ten (10), eleven (11), twelve (12) and thirteen (13),
above and will abide by those offers.
Provision of a construction sequencing plan, inclusive
of a set maximum scheduled duration of time for each
phase of construction, to the satisfaction of the
Village Engineering and Planning Consultants.
Prior to the signing of the final plan, the applicant
shall provide all bonding of improvements determined to
be necessary by the Planning Board of the Village of
North Tarrytown on advice of the Village Engineering
Consultant and the Building Inspector, including, but
not limited to, bonding for all public travel ways and
all public and private utilities with the exception of
individual house connections not located within the
public right-of-way, or the applicant shall have
completed the required improvements to the satisfaction
of the Building Inspector and Village engineering
Consultant.
5

�17.

Submission to the Village of North Tarrytown of a
letter of agreement by the applicant in form
satisfactory to the Village Attorney, assuring the
Village that the applicant shall file with the Village
of North Tarrytown "As Built," or Record drawings on
linen signed and sealed by a licensed land surveyor,
showing and locating all improvements, services and
utilities and their respective appurtenances, as shown
on the approved construction plans. Such drawings
shall include depths and ties to water service lines,
sanitary sewer lines and storm drainage lines.

18.

A note shall be added to the final subdivision plan
stating, "In no case shall slopes greater than one foot
vertical to two feet horizontal (1:2 Slope) be
permitted on this site."

There was a question raised whether the Planning Board was
required to hold a public hearing on the application for site
plan approval. The applicant noted that Article VIII Site Plan
Review of the Zoning Code does not provide for a public hearing.
Furthermore, Section 7-725 of the Village Law provides that
subdivision plats subject to review under Section 7-728 shall not
be subject to review under Section 7-725 (Planning Board approval
of site plans). The Board directed counsel to have the Village
Board clarify whether public hearings are required for site plan
reviews.
The Board directed counsel to advise the Village Board of
Trustees of the need to repair the sewer line on New Broadway.
The Board had decided that the developer should not be held
responsible for this cost. A prior report on the sewer line from
the Village Engineer is attached.
Mr. Windas asked if the developer was required to have any other
Village body review the site plan. He was advised that the
Architectural Review Board will have to review the site plan.
The Board reviewed the site plan presented by the developer.
The Board then unanimously determined that the review and
approval of the site plan was an unclassified action under SEQRA
and would not have any material adverse impact on the environment
as proposed.
Mr. McCarthy moved to approve the proposed site plan as submitted
to the meeting. Mr. Donvan seconded the motion. The Board voted
to approve the site plan presented by the developer in accordance
with the following conditions:

6

�NOW, THEREFORE, BE IT RESOLVED, that the site plan application
and plan be and hereby are granted conditional 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 site plan resolution and upon
the final mylar copy of the site 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
twelve (12) 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/or the Applicant has
not obtained a building permit:
1.

Y+

-*«*

i"

Fees - The Applicants shall pay to the Village of North
Tarrytown:
1.1

An inspection fee for construction inspection of the
proposed site plan to include buildings, drainage
system, sewage, lighting and other site plan elements
for compliance with the approved site plan in
accordance with the Village of North Tarrytown Zoning
Code.

1.2

A recreation fee of one thousand two hundred dollars
($1,200) per lot, which results in a total recreation
fee of sixteen thousand eight hundred dollars
($16,800).

1.3

The Applicant shall submit payment of all application
review fees as noted and required in Section 62-30(f)
of the Village Zoning Code, as approved by the Village
Attorney.

2.

Revision of the above noted "Site Plan" to include a note
stating that all tree removal and compensatory planting
shall be subject to the appropriate permitting procedures as
required by Chapter 52A, Tree Conservation, of the Code of
the Village of North Tarrytown.

3.

The conditions included as part of the Bedford Park Final
Subdivision resolution of approval are incorporated into
this resolution by reference.

4.

All necessary approvals being granted by the appropriate New
York State and Westchester County approval authorities with
regards to each of the four (4) driveways proposed for
Bedford Road and each of the four (4) driveways proposed for
Webber Avenue prior to the filing of this site plan with the
Village of North Tarrytown.

i I

�5.

All elements of this approved site plan shall be completed
to the satisfaction of the Village Building Inspector within
a period of eighteen (18) months from the date of the
issuance of the first building permit and prior to the
issuance of a certificate of occupancy. The Planning Board
may issue an extension of this time limit, or may modify any
of the above conditions with respect thereto for good cause.

6.

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, and
before the issuance of a certificate of occupancy. The
purpose of this final inspection is to review the
development and to require any modifications to parking,
drainage, access, paving and other site plan details, which
do not comply with the approved plan in the interest of
safety, convenience, aesthetics and the enjoyment and peace
and quiet of adjacent neighbors.

The motion was adopted on a roll call vote as follows:
McCarthy
Windas
Donovan
Salman
Tsangaris
Chairman Galgano

Mr.
Mr.
Mr.
Dr.
Ms.

Yes
Yes
Yes
No
No
Yes

The Chairman declared the motion adopted by a 4-2 vote.
The minutes of the meeting of August 20 were approved as written
except the last sentence of the third paragraph on page 2 should
read: "Some members of the Board did not want parking on the
cul-de-sac."
The meeting was then adjourned.
Respectfully submitted
Marie Timmings

•,-*-. ' « M a

* i.

�11/12/92 13:39

© 914 631 2384

MP&amp;S

@

CERTIFICATE

I, WILLIAM REGAN, DO HEREBY CERTIFY that I am the Village Clerk for
the Village of North Tarrytown, and DO HEREBY FURTHER CERTIFY that
the Planning Board of the Village of North Tarrytown duly adopted
the following resolutions on September 17, 1992:
NOW, THEREFORE, BE IT RESOLVED, that said application for
final subdivision approval for a fourteen (14) lot subdivision, as
shown on the plan entitled, Final Subdivision and S^te Plan Known
as Bedford Park, prepared by Cronin &amp; Associates p.E., P.C. and
dated August 5, 1992, be and hereby is granted conditional final
subdivision approval by a vote of the Planning Board of the Village
of North Tarrytown with five (5) members voting in favor of the
application, no member voting against the application and two
members absent, provided, that this conditional final subdivision
approval shall expire within ninety (90) days from the date of this
resolution if the following conditions have not been completed to
the satisfaction of the Planning Board:
1.

All references to the applicant shall
applicant's successors and assigns.

include

the

2.

Except as specifically amended herein, the conditions
included as part of the approval of the preliminary
subdivision plan are incorporated by reference.

3.

The Applicant shall obtain from the Village of North
Tarrytown Planning Board site plan approval for each and
every lot in this fourteen (14) lot subdivision
conforming with all requirements of this resolution,
Chapter 62, Zoning, of the Code of the Village of North
Tarrytown, all other applicable laws and regulations and
all requirements of the Planning Board of the Village of
North Tarrytown.

4.

The Applicant shall provide a detailed plan as to the
replanting of the site with sod for the purposes of
providing soil stabilization/erosion control to the
satisfaction of the Village Engineering and Planning
consultants and said planting plan shall be incorporated
into the Applicant's final subdivision and site plan
applications.

5.

The granting of a tree removal permit, inclusive of all
required bonding and mitigation measures, by the Village
Tree Commission of the Village of North Tarrytown, as per
Chapter 52A, Tree Conservation, of the Code of the

�11/12/92 13:40

© 914 631 2384

MP&amp;S

Village of North Tarrytown, with the applicant's
compliance with said tree permit and all of the
conditions thereof to be required conditions for the
continued
validity
of this resolution
of
final
subdivision approval.
The underground placement of all required utilities,
including, but not limited to, water, sanitary sewer,
storm drainage, gas, cable television, alarm systems,
telephone and electric service for all of the proposed
lots fronting on Amos Street and wherever else permitted
by the appropriate public utilities.
The installation of all utilities, to the satisfaction of
the Building Inspector and all other applicable approval
authorities, inclusive of compliance with all scheduling
of inspection requirements of the Village of North
Tarrytown and all other approval authorities or their
agents, prior to the signing of the final subdivision
plat.
Provision of all drainage calculations and other required
engineering details to the satisfaction of the Village
Engineering Consultant.
All necessary approvals being granted by the appropriate
New York State and Westchester
County
approval
authorities with regards to each of the four (4)
driveways proposed for Bedford Road and each of the four
(4) driveways proposed for Webber Avenue prior to the
signing of the final subdivision plat by the Village of
North Tarrytown.
The applicant's continuing compliance with its offer to
refrain from transferring title to any of the proposed
subdivision's fourteen (14) lots until driveway permits
for each of the site's four (4) driveways proposed for
Bedford Road and each of the site's four (4) driveways
proposed for Webber Avenue have been obtained in final
form the appropriate New York State and Westchester
County approval authorities.
The applicant's continuing compliance with its offer to
absorb the full cost and financial impact of the loss of
any lots and to waive any rights to claims of
compensation due to a reduction in the proposed
subdivision's lot count that is the result of the
applicant's failure to obtain from the appropriate New
York State or Westchester County approval authorities
driveway curb cut permits for any of the four (4)
driveways proposed for Bedford Road or any of the four
(4) driveways proposed for Webber Avenue.

@

�11/12/92 13:41

© 914 631 2384

HP4S

@

In lieu of bonding for the proposed utilities, planting
plan and tree removal permit requirements, if the
applicant fails to complete the project, all monies held
in escrow by the Village of North Tarrytown, including
but not limited to fifteen thousand dollars ($15,000) in
payments for recreation fees associated with this site
and any outstanding sums not previously spent for
inspection and consultant fees, shall be forfeited to the
Village and may be used by the Village to complete the
utilities and to restore the site to a vegetated state as
similar to its existing condition as is practicable.
In no case, shall the use of such monies release the
applicant from its duty to pay such recreation,
consultant and inspection fees and to complete all
utilities and plantings required by this resolution or
required by the Tree Commission of the Village of North
Tarrytown.
The applicant, at its sole cost and expense, shall repair
any public street that is damaged or subjected to unusual
wear due to the applicant's construction activity and
associated activities.
Submission to the Village of North Tarrytown of a letter
of agreement by the applicant in form satisfactory to the
Village Attorney, stating that the applicant has made the
offers contained in conditions ten (10), eleven (11),
twelve (12) and thirteen (13), above and will abide by
those offers.
Provision of a construction sequencing plan, inclusive of
a set maximum scheduled duration of time for each phase
of construction, to the satisfaction of the Village
Engineering and Planning Consultants.
Prior to the signing of the final plan, the applicant
shall provide all bonding of improvements determined to
be necessary by the Planning Board of the Village of
North Tarrytown on advice of the Village Engineering
Consultant and the Building Inspector, including, but not
limited to, bonding for all public travel ways and all
public and private utilities with the exception of
individual house connections not located within the
public right-of-way, or the applicant shall have
completed the required improvements to the satisfaction
of the Building Inspector and Village engineering
Consultant.
Submission to the Village of North Tarrytown of a letter
of agreement by the applicant in form satisfactory to the
Village Attorney, assuring the Village that the applicant
shall file with the Village of North Tarrytown "As
Built," or Record drawings on linen signed and sealed by

�11/12/92 13:42

© 914 631 2384

M P &amp;S

a licensed land surveyor, showing and locating all
improvements, services and utilities and their respective
appurtenances, as shown on the approved construction
plans. Such drawings shall include depths and ties to
water service lines, sanitary sewer lines and storm
drainage lines.
18.

A note shall be added to the final subdivision plan
stating, "In no case shall slopes greater than one foot:
vertical to two feet horizontal (1:2 Slope) be permitted
on this site."

NOW, THEREFORE/ BE IT RESOLVED, that the sits plan application ana
plan be and hereby are granted conditional site plan approval anci
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 site plan resolution and upon the final mylar copy
of the site 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 twelve (12) 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/or
the Applicant has not obtained a building permit:
1.

Fee9 - The Applicants shall pay to the Village of North
Tarrytown:
1.1

An inspection fee for construction inspection of the
proposed site plan to include buildings, drainage system,
sewage, lighting and other site plan elements for
compliance with the approved site plan in accordance with
the Village of North Tarrytown Zoning Code.

1.2

A recreation fee of one thousand two hundred dollars
($1,200) per lot, which results in a total recreation fee
of sixteen thousand eight hundred dollars ($16,800).

1.3

The Applicant shall submit payment of all application
review fees as noted and required in Section 62-30(f) of
the Village Zoning Code, as approved by the Village
Attorney.

2.

Revision of the above noted "Site Plan" to
stating that all tree removal and compensatory
be subject to the appropriate permitting
required by Chapter 52A, Tree Conservation, of
Village of North Tarrytown.

include a note
planting shall
procedures as
the Code of the

3.

The conditions included as part of the Bedford Park Final
Subdivision resolution of approval are incorporated into this

�11/12/92 13:43

© 914 631 2384

MP&amp;S

@ 06

resolution by reference.
4.

All necessary approvals being granted by the appropriate New
York State and Westchester County approval authorities with
regards to each of the four (4) driveways proposed for Bedford
Road and each of the four (4) driveways proposed for Webber
Avenue prior to the filing of this site plan with the Village
of North Tarrytown.

5.

All elements of this approved site plan shall be completed to
the satisfaction of the Village Building Inspector within a
period of eighteen (18) months from the date of the issuance
of the first building permit and prior to the issuance of a
certificate of occupancy. The Planning Board may issue an
extension of this time limit, or may modify any of the above
conditions with respect thereto for good cause.

6.

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, and before
the issuance of a certificate of occupancy. The purpose of
this final inspection is to review the development and to
require any modifications to parking, drainage, access, paving
and other site plan details, which do not comply with the
approved plan in the interest of safety, convenience,
aesthetics and the enjoyment and peace and quiet of adjacent
neighbors.

IN WITNESS WHEREOF, I have signed my name and affixed the corporate
seal of the Village of North Tarrytown this /£-

day of November,

1992.

William Regan

•

~7s

�Approved with respect to substance and form:

V i l l a g e Attotfndy

Dated:

I J

&lt;ffa^

Approved by the Planning Board

Filed with Village Clerk

Clerk oy Deputy Clerk
Dated:
/d/S/fi^

AUGUST 20, 1992
Date of Meeting

�KHffif

I

SEP 29

MMOMEY MMUM*

m
•**#$?

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                    <text>27-5
drift!"*!-. White

County of Westchester

Duplicate Ortgfnal—Canary

Department of Public Works

Triplicate Original—Bf ue

148 Martinc Ave., Rrn. 518

Application No. „,.

$&amp;?.&lt;&lt;/.

Co. Roid No

14

Dtte

August

25,

1992

White Plains, New York 10601
i

" • ! : • • — •«

DO NOT WJOTE JfcO'HIS.SEAiCE
COUNTY OP V V &amp; S T C H E S T E R

APPLICATION FOR PERMIT TO DO WORK
O N AND WITHIN A COUNTY ROAD AREA

OIV. OF ROAD MAINTENANCE

(To be Executed in Triplicate)

J

To the County of Westchester
Department of Public Works;: *

LT.:.

OCT 0 2 1992 . - ; •

-ItEPOSIT: %l±ZizML?.&lt;£U:
:n
or open a road constructed ;oi OTAU - i ^ 7 ^ ' ^ ,

•.-•*;. / &gt; • ^ Application is hereby made for permission, under the Westchester County
^'AST'-'!"-"''
'' A ' J " • •
:

.'

&lt;J

v:

7 w ^ . i ' w . - j * * - . * , . " - •"•"* ' ^ •;••»• *«•. •'-~—i';»,.*•-«'.&lt;-.&gt;

•- • -••- •• ^Administrative Code* to enter upon, construct,

-••••&lt; "",*!„

.-V~.."JJir
PERMIT A G E ^ ^ F ^ ^ ^ erry ^ N . Y.'^10522 ^ p i ^ &amp; * 9 1 4 ^ 6 9 3 - 1 2 3 1 "
.. .
.

„, J&amp;^:#7&gt;2. "^Address

#f^^Hiw'nf-R^P^"

W e b b e r Av

t

enue «^**-:^orth TarrytovrT ^ • T ^ c T ^ ^ f i 4 ^ ^ ^

^ r - f f ^ ^ ^ V ' - U N * " * ) - . ;' ^ l " ^ ^ ^ - - ^ - ^ ' * * - ' - 1 - '

.Location
.

'

(Municipality* _ F." " *:•£*.£?££ 7 ;3&amp;cJ** . ' - b ^ S ^ i ^

_ .. . E a s t . S i d e / 5 0 0 F t„••;......
- - S o u t h. of N o -.r t h S t r e e t
on Road ....

Maximum size of opening allowed' .'?'.'.'!'.1 . . . . . ? • . ?.Q,\
6.

Work to" be started . . . . . . . . . . ?/?/?^......;

Yes

7.' Ts pavement to be disturbed?

8.

Purpose of Application ,L~.,

•...

. . . . . Depth
To be completed . . ,

ASAP__

If so, what type . .

Macadam

Curb Cut &amp; Drive Permits &amp; Excavation for

-Water &amp; Sewer

9-

*»_«,

!

... .T": T-f*'•"''

Attach 3 copies of a sketch showing location of work, aire of openings, sad giving distance to nearest sower intersectiosu

10. State Owner for whom work is being performed:

Associates

C/0

Ken K a r p e l ,

Esq. North

Tarrytown

9 2 5 W e s t c h e s t e r A v e . ' / S u i t e ,311., White.J&gt;laijLST»»«N'e&lt;Yvu 1 0 6 0 4 • .£&amp;
xfts ayspjts.iall WQWP. A -.;.: :-.v: ir:;::.".. :T*-.:'
.j;£t;

*•• •
•
STATE O F NEW YORK

COUNTY OF

(Owner)
___,.__._„

TT

Westchester

•:

^ ^ sui3se quent to the date of ifAkHrm^ siamped ^ o ^ . - . r . _ _ ^
Tne owr.ittee shall contact the issuing authority iorauthoraatton
; ^
.... of extension time beyond the one year restricted period.
-.,.•

. . . . H^. 2 ; •L.^. . ? . ^ 9 . ^ g . ? A l . i ^.
........:
.'. .bein« duly sworn, deposes end
savs that he is
P.r S S J . OLeilt.
of the Permittee herein named; that all Insurance required by.
the New York State Workmen's Compensation and Disability Laws has been secured, and the provisions of said Laws.will be'
applied with during the life of this permit, and that no subcontractor will be permitted to do any work under this-permit
until he has fully and completely complied with all the terms and provisions of the aforesaid Laws.
(f permit is granted, I hereby agree to comply with all the terms, covenants and conditions hereinafter set forth which
are attached to and form part of the permit, *nd to restore the road t5^its original
artgptal condition,
condition, in
in accordance
accordance therewith.
then
Sworn to before

this
. . . , 19^&amp;H
Notary Public. State o! New York

Notary

^

rV *4-v \;xi&gt;i;

Applicant's Signature &amp; T i t l e

No 4989872

-

. W J , \ k f c f c ^ b . .Q^UtlwL i/i. Dutchess County
_
:jrv • &gt;iitp..np c,0ir^&lt;. r&gt;ecemuer 16, 19iL?

THE PERMIT WILL BE GRANTED SUBJECT TO THE FOLLOWING TERMS, COVENANTS AND CONDITIONS

All applicants for County Permits shall file with the Permit Agent, 148 Marine Ave.-Rm. 518, White Plains,
New York, New York State Workmen's Compensation Board Standard Forms C-105.2 and DB-120.1 as proof of compliance with
the Workmen's Compensation and Disability Benefits Laws.
If an applicant or holder of a permit represents that he is not required to carry either a Workmen's Compensation policy or a
Disability Benefits policy or both, New York State Workmen's Compensation Board Standard Form C-105.21. in duplicate, shall
be filed with the Permit Agent.
Section 57 ot the Workmen's Compensation Law and Section 220, Subdivision 8 of the Disability Benefits Law provide that a
permit shall not be issued unless the above prerequisites are satisfied.
fOver^

t
:

�( I)

The term " C o m m i s s i o n e r " shell M M the G &gt; m m i i » i o i i c t of P u b l i c Works of die County of W e s t c h e s t e r or h i * aushorixed
representative.

( 2)

The term " P e r m i t t e e " s h a l l M I M the party o b t a i n i n g t h e permit or hia or i t * duly a u r h o r i z e d i | t M a or r t p w t n w t i f t t ,
and m u t t be t h e p e r s o n , fins, c o r p o r a t i o n , d i s t r i c t , or mun.icipa.lirf
a c t u a l l y performing the work.

( 3)
( 4)
( 5)
( 6)
• t. .
.._«•. . r
''"'-'""Li. -&gt;;-••--"•'- •»'»

I)

The permit ahatl not b e a s s i g n e d or transferred e x c e p t upon t h e written c o n s e n t of t h e C o m m i s s i o n e r .
T h e work a u t h o r i z e d by the permit m a l l be d o n e to t h e c o m p l e t e s a t i s f a c t i o n of the C o m m i s s i o n e r . In r e p l a c e m e n t of
p a v e m e n t s , t h e Standard County S p e c i f i c a t i o n s therefor s h a l l be f o l l o w e d s s more particularly s e t forth in S e c t i o n 4
hereof.
Written n o t i c e e s c e p t in e m e r g e n c i e s s h a l l be given by s a i d P e r m i t t e e t o the C o m m i s s i o n e r t t l e a a i
hours in a d v a n c e of d i e date w h e n the work of c o n s t r u c t i o n i s to c o m m e n c e .

-.*--'

forty-eight(4fi)

The P e r m u t e * shall indemnify and s a v e h a r m l e s s t h e C o u n t y , , l o c a l m u n i c i p a l i t y And improvement d i s t r i c t from s i !
•„'••. "
, c l a i m s , l i e n s , s u i t s , l o s s or d a m a g e of e v e r y k i n d w h a t s o e v e r , whether d i r e c t or i n d i r e c t , w h i c h may a r i s e by r e a s o n of, _.';'«-.•."•'.'•
'-'..the granting o f this p e r m i t .
•
. _ . . . ••&lt;•.";
.—•~~':~^Ly£Z.".~21~. .'

i.;'(*&lt;
'»'vY*T;
' ( 7 ) T h e P e r m i t t e e a g r e e s , in c o n s i d e r a t i o n of d i e granting o f t h e permit, that any p r e s e n t o r future dam a g e , i a j e r y to o r
; / . ...-.-••^'V.y'!V.--V' '
d i s t u r b a n c e o f the h i g h w a y , it* p a v e m e n t s , s l o p e s or g u t t e r s , c a u s e d by p l a c i n g of any s t r u c t u r e s p u r s u a n t t o t h e
^''^"^liXis.
mil.?:,.
•. 0 f t h * permit, s h a l l b e i m m e d i a t e l y l e p a i r e d by the P e r m i t t e e at hia or ita own e x p e n s e a n d to t h e s a t i s f a c t i o n o f me'

^r/'f\;'^'^'''"'•,'
* *^^?^Q{&amp;'l0:'...
&amp;trixj#£&amp;-v5w'T-'.:
t m

8
'U'S"^X^ifnkiF'
^ "**" r &gt; * n , l » , t * * a g r e e s *» P"7 *M aureesaary e x p e n s e s t h a t may b e incurred by the County i a c o n a e c t i o a with d t e woak to Jit&amp;rrt'=;1xvJsy]JiJP"'
^ I S : ^ ! ^ * ^ 1 1 ^
be d o n e nader the p e r m i t , w h i c h p a y m e n t s h a l l be m a d * w i t h i n t e a ( 1 0 ) d a y s a f t e r the s e n d i e g o f a s t a t e m e n t of. t a » . i ^ ' i " ^ . " ^ ' * ? ^ ' ^
,+ ,,t
\-V&lt;^^(^\'4,^'T/ *
*' " » * • » • « • • • c e r t i f i e d by the C o m m i s s i o n e r a n d , if not p a i d by t h e P e r m i t t e e , the s a i d e x p e n s e s s h a l l be dedncteW ^ » t J i ^ v i V - ' - . ^ &gt; i ' ' i t ' * f v
,
f
-&gt;R
f
*""• »*K:S i* Yvff*
''"*' ~
* * &lt; * * l K , » i l * * »«»•»» o t h e r w i s e p r o v i d e d for. Where work of a n t s t e n a i v e o r d i f f i c u l t aature i s i n v o l v e d the^^ P • a ^ B i l l w e ^ T ^ j ^ ; r ^ * - ' ^ ) r • • " ' •
^••'^^•^••:f-•-^''T.^yt^ _
may b e required to p a y t h e c o a t a of a M l or part t i m e I n s p e c t o r to be d e s i g n a t e d by the C o m m i s s i o n e r t o i n s p e c t m e * ^ . ^ V » i j ^ ' M a S &gt; , - *$&amp;z$'tyj$!&amp;
'&lt;f^rrMZ ''"" ' * • 1 P o r k f o r * • P « r p o a e of p r o t e c t i n g t h e C o a n t y ' s i n t e r e s t .
•• ,.^
pj^^:.(ty%i?l$Mf&gt;:-.
9
A^V^^^^^'IIK'^
* ** c - * * * * fl*-1 p a v e m e n t baa n o t b e e * p l a c e d when o p e n i n g i s m a d e , where the road improvement i s n a d e r c o n t r a c t , ' *j£*Lji. 'i""&amp;6iw'&amp;£
^^%rf.ty'$£&lt;M^£'
•
* * P e r m i t t e e a g r e e s t o r e i m b u r s e the road c o n t r a c t o r for s u c h a d d i t i o n a l c o a t a of r e i n f o r c i n g s t e e l i n p a v e m e n t , when ^ f'i'i.':
A
"" "" '"~ '"''
r , - v ; ' • p l a c e d , aa are required by the C o m m i s s i o n e r .
.: \-t,f'V,\1£l.'"}^C'.'J-.

„ . „ „ . . . - .- -'..u- •
^10)
?* X ^ ^ t ^ , , ^ . * V l / ' i " "

^ * * £*»•»•»»»a' 0 0 *' r e s e r v e s the right to r e v o k e o r c a n c e l the p e r m i t at any t i m e s h o u l d the P e r m i t t e e fail to c o m p l y w i t h „^;£,*iV.;
• * * ° ' ' * • * * « • * • s g i e e u s e e i a , c o v e n a n t s and c o n d i t i o o a t h e r e o f .
T*-^, ••,.

f ]\'}i;£?r^,[~-*fVTj^£
•'-(11)
'•''"•'^'^S'-y~2""i '„'._

A f u l l y e x e c u t e d copy o f t h i s p e r m i t m e a t be i n p o s s e s s i o n of t h e p a r t i e s a c t u a l l y d o i n g t h e work. It must be exhibited 1 - " ' ! " .
on d e m a n d to t h e C o m m i s s i o n e r o r h i s r e p r e s e n t n t i v e . .
. . r CJ*-UV;.

''..„'.'
'"''.'.:'. "• ' .„._. ..»V.U,K-»- . - .

"2)

^ * permit d o e s not grant p e r m i s s i o n for c o n n e c t ioa a to w a t e r or s e w e r m a i n s , e t c . Such p e r m i t s m u s t be o b t a i n e d from
d i e l o c a l m u n i c i p a l i t y o r improvement d i s t r i c t prior to and in a d d i t i o n to permit for s t r e e t o p e n i n g s a p p l i e d for h e r e w i t h . . , '.','22.'

vv
- r i-- 'y
' ~ ( 1 5 ) V e h i c u l a r traffic shall b e m a i n t a i n e d on any s e c t i o n o f the road disturbed by the P e r m i t t e e at s l l t i m e s during t h e term
, 'a;'-*\'- '.„**' '•'. . . . . .
° ' **•• permit.
.j..'.:.'!.''.'-".:.( 1 4 ) ITie contractor assumes all risks in the operation covered by the permit and shall be solely responsible and answerable in data. .-V-"acts for all accidents or injuries to person or property of whatsoever kind and nature, whether direct or indirect, arising out
'"/_•' y',
of any operations under the permit, even though said accidents or injuries to person or property are or may be due, In whole
o r i n pnn
.»r*l" '"Z . _ . . - '
&lt; , 0 t h t County of Westchester, its acents. servants or employees.

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SECTION 4. T H E WORK T O BE D O N E AND P E R F O R M E D P U R S U A N T T O T H E P E R M I T S H A L L B E
D O N E A C C O R D I N G T O T H E FOLLOWING S P E C I F I C A T I O N S A N D C O N D I T I O N S :

• •'• - - :
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.......

' ' " I S '....:'.?&amp;."

t I) AH locations and tints of performing the work shall be approved by the Commissioner.
, - -.---•-"( 2) The Permittee shall arfange his or its work so as to cause a minimum of inconvenience and delay to " "-'-."£'
vehicular traffic. The Commissioner reserves the right to order the removal of any and/or all obatruo
,'.,..l\
tions to traffic on Saturdays, Sundays, Holidays and other periods of unusually heavy traffic volumes.
The permittee shall erect and maintain suitable barricades to adequately delineate and protect the site
during and in which his or its work is in progress. Warning flags, signs, flashing yellow lights and • . . . . .
watchmen shall be provided a s necessary. Excavated material should be stored in neat piles, so placed
as to cause the least interference with the use of the roadway or sidewalks. Where the free flow of
traffic la interfered with, the permittee shall place and maintain traffic control devices pursuant to prov i s i o n s of sections 1680 and 1682 of trre New York State Vehicle and Traffic Law. All traffic control
associated with maintenance, repair, and construction, within the highway limits, shall be carried out in
accordance with standards set forth in the New York State Manual of Uniform Traffic Control Devices, '-,"/* * *
latest revision. The Commissioner reserves the right to order the correction of any unsafe condition and ' ?
the installation of additional signs, lights or other traffic control devices.
( 3)

U n l e s s o d i e r w i a e p e r m i t t e d , tight s h e s t h i n g a t I n n s t t w o ( 2 ) i n c h e s in d i i c k n e s s s h a l l be p l a c e d in a l l t r e e c h e a h a v i n g " "',
a depth in e x c e a a of font ( 4 ) feet a n d widtin t h r e e ( 3 ) f e e t of any p a v e m e n t or o d i e r h i g h w a y structure w h i c h i a p r o p o s e d .,». . ^ . - ^
to remain in p l a c e e s c e p t where e x c a v a t i o n i a i s rock. S h e a r * i n a; s h a l l b e s e c u r e l y f a s t e n e d i a p l a c e with w h a l e r s and
'
b r a c e s during s l l o p e r a t i o n s and a h n l l be d r i v e n t o * d e e d s o n e ( 1 ) foot b e l o w the l o w e s t part of t h e atrucrare p e o p o a e d . . . .
to be i n s t a l l e d a s the e a c a v a t i o m p r o g r e s s e s . In s l l s u e * , e x c a v a t i o n s h a v i n g a d e p t h ia e x c e s s o f s i x ( 6 ) f e e t * such * * ' .
a h c a d t i n g shall b e left i n p l a c e w i t h a c u t o f f l i n e e i g h u e e o ( 1 8 ) i n c h e s b e l o w ground s u r f a c e , la t h e t r e a d l e s h a v i n g a
depth o f more than d i r e e ( 3 ) feet a n i l l e s s than s i s ( 6 ) foot m e s h e a t h i n g s h a l l be l e f t in p l a c e if o r d e r e d by d i e Comm i s s i o n e r of P u b l i c Wonka. S h e a t h i n g m a y b e o m i t t e d whets p e r m i t t e d by d i e C o m m i s s i o n e r if. die e d g e of rhe p r o p o s e d
' *
trench i s o f f s e t from rhe n e a r e s t e d g e o f d i e p a v e m e n t or o t h e r stroctare by a d i s t a n c e at l e a s t e q u a l t o t h e v e r t i c a l '
-' i
depth o f the t r e n c h s a m e a s u r e d from d i e h i g h e s t p o i n t o l t h e s d j u c i r a t p a v e m e n t or s t r u c t u r e .
- . . .......
" ' " • ''

( 4)

Back i l l l i n g around c o m p l e t e d s t r u c t u r e s s h a l l be made o f s e l e c t e d m a t e r i a l , free from l o o s e s t o n e s , a s s o o n n i t
structure h a s a t t a i n e d s u f f i c i e n t s t r e n g t h t o p r e c l u d e injury and s h a l l be m a d e in s u c c e s s i v e horixontnl I ay era. not. ex*
c a r d i n g s i x ( 6 ) i n c h e s i a depth. E a c h l a y e r s h a l l be t h o r o u g h l y c o m p a c t e d by t a m p i n g to rhe s a u a f a c t i o n o f t h e Comm i a a i o n e r . N o f r o x e a m a t e r i a l s h a l l be u s e d i n the b a c k f i l L S p e c i a l c a r e s h a l l be taken t o thoroughly c o m p a c t t h e
portion directly under the h a u n c h e s , around t h e a i d c a and for a d e p t h of o n e ( 1 ) foot o v e r p i p e s or d u c t s . No r o c k shall
be p l a c e d in the b a c k f i l l within t w e l v e ( 1 2 ) i n c h e s of a p i p e or d u c t . If permitted by t h e C o m m i s s i o n e r , the b a c k f i l l i n g
of t r e n c h e s may b e thoroughly p u d d l e d by d e p o s i t i n g the earth i n water. N o b a c k f i l l i n g of t r e n c h e s by s c r a p e r s o r other
m a c h i n e r y will b e a l l o w e d e x c e p t that on l o n g i t u d i n a l t r e n c h e s o u t s i d e the p a v e m e n t l i m i t s t h e u s e o f power b a c k f i l l e r s
mounted on p n e u m a t i c t i r e s may b e u s e d if p r o v i s i o n s are m a d e for a d e q u a t e c o m p a c t i n g o f filled material. T h e work
shall be so carried on t h a t not o v e r 300 l i n e a r feet of t r e n c h s h a l l remain o p e n at any time, u n l e s s o t h e r w i s e a u t h o r i x e d
by die C o m m i s s i o n e r .

( 5)

All s u r p l u s e s c a v a t e d m a t e r i a l and d e b r i s s h a l l be c l e a n e d up a n d removed from d i e s i t e o f t h e work upon t h e c o m p l e tion of t h e work by the P e r m i t t e e l e a v i t i g thm s i t e of t h e work in a n e a t and orderly c o n d i t i o n .

( 6)

Where t o p s o i l . s e e d e d a r e n a or s o d arc d i s t u r b e d in the e x c a v a t i n g , P e r m i t t e e s h a l l r e a t o t e d i e ground s u r f a c e s to the
same c o n d i t i o n s .

( 7)

Manhole c o v e r s , frames a n d other a t r o c t o t w s p l a c e d wisianw d i e saauswwy l i m i t * s h a l l be of s u f f i c i e n t w e i g h t and strength
snd of a s u i t a b l e type a n d s t a b i l i t y approved by rhe Cnsansiaaioaves and s h a l l be set f l u s h with the s u r f a c s of t h e p a v e ment.

( 8)

The P e r m i t t e e s h a l l repair and m a i n t a i n at hia or its e x p e n s e any p r e s e n t or future d i s t u r b a n c e of d i e r o a d w a y *ad
p a v e m e n t which may h a v e been c a u s e i t Vy work done pursuant to the term* of the permit h e r e i n , s a i d m a t a t e u a a c e to
rover a period of ihirry ( } 0 ) dar» after c o m p l e t i o n of the work.

-

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�( 9)

All ••tail pipe* or conduits erecting road way pavesaeeta aUall, wherever poitiblc, be drivre beneath the p i r r i x w ,
without disturbances 10 die i » n i c c . Such pipe* or coadiuts ahull be eucloaed in sleeves or larger pipes ao that repaired replacements may be raade to the future without disturbance la the pavement, Fae the purpose of driving sack
pipea or coaduita, ao opening or trench shall be made closer d»an two (2) (eel lo the edge of die pavement. Tuuaeliag
under the pavement is prohibited. Driviag of pipes or conduits having s dimeaaioa greater diaa eight (8) inches shall be
permitted only under »»ch special terms and coaditiona MI (he Commissioner may prescribe.
(10) Permanent restoration of the finished pavement shall not be made until complete aettlement of the trench backfill shall
have taken place, as directed by the Commissioner. Immediately sfter backfilling the trench, aa acceptable temporary
repair of cold patch, bituminous macadam or other acceptable flexible pavement ma ten si shell be placed which shall be
aaaiatained even with the roadway surface until permanent restoration of the pavement is ordered by the Commissioaer.
If ordered bv the C o m m i s s i o n e r , c e m e n t c o n c r e t e may b e substituted for bituminous m a t e r i a l s in
temporary r e p l a c e m e n t s .
(11) At such rimes a a directed by the Commissioner, die peraaaaent replacement of pavement shall be made under the super
vision and inspection of the Commiaaioner, as follows:
(A) OB CONCRETE PAVEMENTS, which become undermined or broken the slabs shall be completely replaced on a prepared
foundation with rein breed concrete nine (9) in. thick in the proportion of 1:2:5'/$ using High Early or Quick Setting
Cement mixed by machine for at least 2 minutes. Materials and proportioning of aggregate shall be inspected aad approved by the Commissioner.
When cross-trenches are excavated vertically, without undercutting the concrete pavements, die slab shall be oeady
eat back a distance or* at least two (2) feet on each side of die outer walla of the trench aad replaced with a reinforced
concrete patch. Wbere any portion of a patch ia nearer than eight (8) feet from an expansion joint the patch shall be ex••aded to die joint. There longitudinal trenches have been made in concrete pavements, the enure slab shall be ir*
placed.
Ia any event the new patch must re at upon undisturbed subgrade for at leasi two (2) feet ia all directions from the
excavated area, aad muat be at least ten (10) feet lone ss measured parallel to center line of pavement, la removiag
portioaa
of slabs or reinforced concrete, care ahall be taken not ID remove all die reinforcing metal. New reiaforciag
•trf7 1
shall be carefully tied aad bonded to old reinforcing ateel when making restorations. All reinforcement shall be 3/8"
bars,scpaced 14" in each direction. Approved premouided expansion joints shall be inserted where directed aad all
.'.'."-L'.': 'i ",j' BJ .. construction joints shi.ll be poured with an acceptable asphaltic material. The concrete ah ail be completely wetted
mtt
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*' P'* C » B I •* d covered wirf» six (6) inches of hay aad kept continuously saturated for ten (10) days. The u s e of aa
' ' j appmved high early-strength cement placed under approved methods, msy be required by die Commissioner for certain
"
" .. ' ' concrete pavement replacements where the delay aad inconvenience to traffic is of sufficient importance to warrant
same. Satisfactory curing of die concrete ia of the greatest importance.
, . . (B) On TEARING SURFACE PAVEMENTS (Asphaltic Concretes and blackeops, Granite blocks. Asphalt Blocks, Brick, etc.)
n concrete foundation eight (8) inches ia dtickness shall be placed on a prepared foundation, ia the proportion of
1:2/4:5, uaing High Early or Quick Setting cement in the same manner as reinforced concrete pavements. The concrete
j-s-ir •. - , a , j | be reinforced wid» approved wire mesh or 3 / 8 " reinforcing bars, placed 2" above bottom of concrete. This re&gt;
.
placement shall cover an ares for a distance of not l e a s rkma two (2) feet on each aide of die outer walls of d»e uuacb
~.
a s excavated aad must be at leaat ten (10) feet long aa measured parallel to center liae of pavement. This concrete
.., _
foundation ahall be completely wetted after placing and kept covered with sis (6) inches of bay and kept coatinuouaty
natttrtted for eight (8) days. After this curing i s completed, a wearing surface equivalent to pavement removed shall be
."V~U ' "
placed in accordance with Standard County Specificationa, s s directed by the Coaunieainner.
-•'-."'"w». iTL-!^ _" . At the- option of die Permittee die requireaaeat of ateel reinforcement is hereby rescinded provided the diickaess of
••-'-f + *. ~£*Z r, -the concrete uader (n) shall be eleven (11) inches and under (b) tea (10) inches.
\~-i^ . . - ' - ( O On MACADAM PAVEMENTS, die replacement ahall be die same aa for wearing surface pavements, section (bL
j - ^ •» ~*{12) Tbe permittee shall replace or re a tore satisfactorily to die Commissioaer of Public Works any pavement or other same&amp;
i ' j , - ^ -,' rase which may have seen damaged during die progress of die work for which die permit was issued even daongb suck
"„•» « *»»- • pavenvent or structure was not proposed to be disturbed at die time of die granting of the pesmit.
Section 5. All applications and permits ahall be in the form prescribed by the Commissioner of Public Works and
shall be executed in triplicate by die applicant, ewom to before a awraam qualified a* administer oaths aad shall urn
forth die amouat of depoaii accompanying said permit, together with a saute meat saving the County harmless for say
claims of whatever nature arising out of the conduct of die work eo be performed under we peanut.
•j;~';Vr.. ::.'" \ i i . . . \ "7 ".
Section 6. If the character of me restoration work ia aot covered by die specificationa herein, die Commissioaer of
..•."i-,Uri,-.'.:v.Vi &lt;•''••*:/'&gt;':• Public Works shall prepare such additioaal specificationa, safegunrds, aad conditions as may be required a&gt; be done
M
7^f^y?:?^~?~- .'rS\-ir.-..' nmd performed by the applicant.
! ^ ^ ? ^ ^ . ^ ^ r ' ^ ; ' Section 7. STORING BUILDING MATERIAL AND EQUIPMENT ON COUNTY ROADS: If in the course of building
,
^^I^^&gt;^;;7
/ ^-.^:i'v;^^''op•»lim•a oa adjacent property it becomes necensnry to store building materials or equipment upon any County Road or
T " ; T - ~ " V ^ ~ -; f:"^ aortioa tnereof, an application for a permit dierefor must be made, subject to die followiag terms aad conditions:
—

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" la no cnae shall die area of die pavement used for such storage exceed in width twenty per cent of the total width of
tme pavement or in length one huadred (100) feet. Such materials or equipment ss may be scored shall be neatly piled or
placed, protected with adequate barricades and illuminnted, except during the daylight hours, with red lanterns or
flares, spneed at intervals of aot more tkaa ten (10) feet. Appropriate warning signs and flares shall be kept coaataudy
.«-\ .
.•,&amp;££^--.vrv'\Y V an position direc bmndred (300) feet distant from die space occupied as a warning to appaoaching vehicles. '
No buildiag amterial ot equipment shall be placed upon die pavement closer dinn tea (10) feet so aay hydraat nor
^C^'-:•,••'', •.";'' nwoa say manhole, valve or catch basins, nor s o as to interfere in any way with proper drainage upon the highway.
i'^ : "'&gt;.-v'«'V..&gt;Section 8. RULES AND REGULATIONS REGULATING THE OPERATION OF HEAVY CONSTRUCTION EQUIP"&gt;. ; ^' ,; \&gt;Vdoi. MENT, INCLUDING TRACTORS, POWER SHOVELS, ROLLERS. TRAILERS, GRADERS AND OTHER MACHINERY
- ; : •WHICH DO NOT OPERATE ON PNEUMATIC TIRES:
No construction equipment, excepting trucks, shsll operate on or be hauled over any County Road ualesa same shall
be equipped with pneumatic urea or mounted upon a pneumatic tired trailer unless a permit dierefor shall have been
first obtained from the Commiaaioner of Public Works. Said permit shall not be construed as s waiver of die provisions
of die Vehicle and Traffic Law or of any local ordinance relative thereto. Said permit shall provide among odier things

:e

(a)

#

Each such vehicle when operated on a County Road shall be operated upon planks, mats or other suitable cushions,
acceptable to and approved by the Commiaaioner of Public Works.
(b) A competent flagman ahall at all times be placed at leaat two hundred (200) feet distant from the operating equipment
to warn approaching vehiclea.
(c) Adequate barricades and warning signs shall be creeled to protect the traveling public.
(d) Any damage resulting from the operation of die equipment shall be repaired by the Permittee to the satisfaction of die
Commiaaioner of Public Works.
Section 9. SHADE TREES: No person, firm or corporation shall plant, remove, trim, damage or odicrwise alter any
shade a r e or planting on any County Road outside of cities ot villages without fiist obtaining approval thereof in
writing from the Commissioner of Public Works.

�*t

DRIVEWAY * CURB YORK
Section 10.
(•)

Im lowering curb for driveways, only blue stone, granite, or integral curb will be allowed to b« cut. All concrete curb
•M»I b« removed and replaced with new concrete curbing to b» the required height.
(b) On ihoulder roads, the grade of driveway at the property tine should be the same elevation ac the Center line grade at
die rood. Modification of this may be allowed if apecidcaUy permitted by the Commissioner.
(c) Driveway entrance shall not begin within five (5) feet of the point where the prolongation of the property line meeta the
edge of the pavement.
Id) No more than two points of ingress or egreaa to a County Road from a tingle commercial or industrial establishment
will be permitted. Neither of the foregoing shall be more than 30' wide measured at the pavement edge, unless special
approval i s obtained from the Commissioner. The Commissioner reserves the right, however, to require th* construction
of acceleration and deceleration lane* together widi channelization at certain types of high traffic volume generating
-•a V'M
facilities.
-,,.•;• .; .
-,
Driveways crossing sidewalks shall be constructed in accordance with the specifications
oftne
thetocat
local muntcipaury.
municipality. , u . ^ ^ ^ . ^ i j ^ L
cations ot
(0 Wherever a driveway aproa i s installed, die area fron the pavement to die propertyy line shall be paved to die s a t i s f a c .l*^^rfif'^i^i•
tion of the Commissioner.

t J;.". - . Section U . EXCEPTIONS* Nothing la d i e s * rotes and regulations shall be construed to restrict "oir prevent the '.&gt;...,
w.»*«•&gt;&gt; constriction, maintenance or repair of any sidewalk by a municipality under laws and ordinances applicable thereto "•&amp;}
OTS&amp;
%&amp;
A -*. except 1* those operations o f construction, maintenance or repair where the use of any portion of the pavement of »'T,,j
Couary Road is affected or re u trie ted or to restrict or prevent the adoption and enforcement of local municipal traffic
... v '; coatrol ordinances, roles and regulations not inconsistent widi the provisions of Chapter 609 of die Laws of 1941„ • ' J ^ ^ S S
vf» •!,; nad/or subsequent revisions.
&gt;, : ....
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'"• (13) The Permittee hereby deposit* with the Commissioner die sum of I ........".^......;...'^..7...................'.as security for the. i&amp;'$ljfc!»S
. '•'•.' .v/ faithful performance of all the terms, covenant* and conditions on his part to be done and performed, which said sum -srl^iS
• ' •-« shall be retained by die Commissioner until ac least 30 days after die date of final completion and acceptance by die [,$$$'4
•;: -.. ;' y* Commissioner of the work to be done and performed'pursuant to die terms of diis permit. Upon- the failure or. default by .^""jKj
.•"' -»i *&gt; -i: the Permittee of any of the terms, covenants and conditions on hi» part to be done and performed said deposit may be ' / H i ?
-.' .' '..'-used by the County of Westchester for any expense incurred by the County of Westchester by reason o&gt;Psuch-failure or ' ~'X™''
J---T-' - default on the part of die Permittee. The Permittee agrees that such expenses as certified by die Commissioner shall.be
&lt;--!f''.'5
binding upon said Permittee.
• •^---^•^••! . •'• • •
-••
-•- •
•"••• i V V V - - • ••- '•v-^.;
"(14) The Commissioner by issuing this permit assumes no liability on his psrt or on the pnrt of The County of Westchester
and die Permittee shall be solely liable for all acts done or to be done pursuant to same. "' "
"'* *
., -.
(15) In addition to die above conditions, the Permittee shall conform to the following special requirements fc&gt;i die wont
permitted:
„ . - . , . .
.,—.
.;
SPECIAL CONDITIONS

. . , - . ,

r

.-..•

~

::'" "

PRIOR TO CONSTRUCTION A FIELD KEETIEG WILL BE BErQUIREDWITH OUR ^''
ENGINEERING INSPECTOR BILL PHILLIPS. 2 8 5 - &amp; 9 5 1 - THE'APPLICANT SHALL
SAW CUT ANY ASPHALT OVERLAY ON EXISTING CONCRBTF ROABVAT; ~MOL.LEAST
6 * OF? ROAD EDGE ONTO PAVEMENT*. THE EDGE SHALL BE TACK COATED FOR
TOP COURSE ASPHALT FLACEHENTe. EXISTING ROADWAY TO BE SAW* CUT AS
PER THE ENGINEERING INSPECTOR'S DIRECTION*

I"
Approval and consent to grant die permit i s hereby given by the duly authorized municipal representative.
.19
/ / ^

V

Name and Title (J

Municipality

Date

Chairman. Planning BnaH
(To be executed by Contractor, if road i s under construction)
I, the duly authorized representative of Contractor, who ia under contract for improvement of die road herein mentioned, '
do hereby approve die granting of the permit.

Maria Racanelli,

President Racwel Construction Aug. 25
Firm or corporation

Name and Title

92
JO
19

Date

If this application is accompanied by deposit, state name and address to whom refund is to be made.

Racwel Construction

63 Main Street

Dobbs Ferry, N^Y.

(Name)
APPROVED FOR ISSUANCE DATED

.GCI.0.2...E92.

/iddress)
COUNTY OF WESTCHESTER
,19

By

-

DE ^ 9 B M £ N ) T

»

«

OK^UBUU

/ ...
1
Supi. of Road Maintenance

10522

�BEDFORD PARK ASSOCIATES, INC.
CHASE BUILDING - 2ND FLOOR
3 6 0 SOUTH BROADWAY
TAR&amp;YTOWN, NEW YORK 1 0 5 9 1

(914) 693-1231
FAX ( 9 1 4 ) 6 7 4 - 0 2 9 1
« U W K RACAwau. wies.
MAJHA RACAHB4J. SCCTY.

ouflLSs M . PATEMAN. vies n o .
THOMAS J. UmfTW. TUBAS.

Mr. James Galgano, Chairman
Planning Board
Village of North Tarrytown
28 Beekman Avenue
North Tarrytown, New York 10591
Re:

Bedford Park Subdivision

Dear Mr. Galgano:
In accordance with condition 14 of the Resolution of the
Planning Board dated September 17, 1992, the applicant makes the
following offers to the Village of North Tarrytown and will abide
by those offers:
1.

Condition 10 of Resolution-

The applicant offers to refrain from transferring title
to any of the proposed subdivision's fourteen (14) lots
until driveway permits for each of the site's four (4)
driveways proposed for Bedford Road and each of the
Site's four (4) driveways proposed for Webber Avenue have
been obtained in final form the appropriate New York
State and Westchester County approval authorities.
2.

Condition 11 of Resolution-

The applicant offers to absorb the full cost and
financial impact of the loss of any lots and to waive any
rights to claims of compensation due to a reduction in
the proposed subdivision's lot count that is the result
of the applicant's failure to obtain from the appropriate
New York State or Westchester County approval authorities
driveway curb cut permits for any of the four (4)
driveways proposed for Bedford Road or any of the four
(4) driveways proposed for Webber Avenue.

�3.

Condition 12 of Resolution'

In lieu of bonding for the proposed utilities, planting
plan and tree removal permit requirements, if the
applicant fails to complete the project, all monies held
in escrow by the Village of North Tarrytown, including
but not limited to fifteen thousand dollars ($15,000.) in
payments for recreation fees associated with this site
and any outstanding sums not previously spent for
inspection and consultant fees, shall be forfeited to the
Village and may be used by the Village to complete the
utilities and to restore the site to a vegetated state as
similar to its existing condition as is practicable.
In no case, shall the use of such monies release the
applicant from its duty to pay such recreation,
consultant and inspection fees and to complete all
utilities and plantings required by this resolution or
required by the Tree Commission of the Village of North
Tarrytown.
4.

Condition 13 of Resolution-

The applicant, at its sole cost and expense, shall repair
any public street that is damaged or subjected to unusual
wear due to the applicant's construction activity and
associated activities.
Very truly yours,

G&amp;tcfc—-^
Charles M. Pateman
Vice-President

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                    <text>PLANNING BOARD
Regular Meeting
North Tarrytown, N.Y.
October 15, 1992

FINAL

A regular meeting of the Planning Board was held on Thursday,
October 15, 1992 at 8:00 P.M. in the Village Hall, North Tarrytown,
New York.
PRESENT:

James Galgano, Chairperson
Steve Salman
Roman Windas
Ellen Tsangaris
Edward McCarthy

ABSENT:

James Donovan
Richard Ayers

ALSO PRESENT:

James Margotta, Building Inspector
Robert W. Spencer, Village Attorney
Joseph Gulino, Chas. Manganaro
Susan Portman, F. Clark Assoc.

Chairman Galgano called the meeting to order at 8 P.M.
IN THE MATTER OF AFFORDABLE RIVER COMMUNITY HOUSING, Depeyster
Street, Owned by Immaculate Conception Church, Extension of
Planning Board site plan approval at 20 Depevster Street.
Chairman Galgano reported on the status of the project.
John Hughes, Jr., representing the intended sponsor, requested
that the Board grant a one year extension of site plan approval.
He stated that applications for funding had been submitted to the
State, but no answer has been received yet.
After discussion, Mr. Windas moved, seconded by Ms. Tsangaris,
that, due to extenuating circumstances, the project was being held
up for State approval and the Board hereby grants a one year
extension of site plan approval. Carried unanimously.
IN THE MATTER OF DR. LAWRENCE GELLERMAN, 170 HUNTER AVENUE.
Chairman Galgano stated that this matter was a continuation
from a previous meeting.
Mr. Spencer stated that the Zoning Board granted various
variances as requested by Dr. Gellerman.
Mr. John Hughes, Jr., representing Dr. Gellerman, stated that
Dr. Gellerman was not in good health and was in the process of
getting his estate in order. He has no plans for building in the
near future on the vacant lot to be created by the subdivision. He
stated that several items requested by the village planner would be

�costly to obtain; and he felt that they were unnecessary at the
present time.
He stated that he would present additional
information at the next meeting in order for the Board to make a
decision on the subdivision application.
Mr. Salman moved, seconded by Ms. Tsangaris, to open the
public hearing. Carried unanimously.
George Fitzpatrick, 142 Hunter Avenue, a neighbor of Dr.
Gellerman's, stated that most lots on Hunter Avenue are 60 feet in
width and Dr. Gellerman's lots will be 66 feet and 70 feet wide.
Mr. Fitzpatrick felt that the Board should approve Dr. Gellerman's
request.
Mr. Salman stated that blueprints should be provided to the
Board in order to make a decision.
A)

§s
ft
O

There being no future comments, Mr. Salman moved, seconded by
Mr. Windas, that the hearing be adjourned to the Board's November
meeting. Carried unanimously.
IN THE MATTER OF PHELPS MEMORIAL HOSPITAL, NORTH BROADWAY
Chairman Galgano stated that the matter was a continuation
from the last meeting of the Board.
Bruce Allen, representing Phelps Memorial Hospital, outlined
the new plans for a M.R.I. Facility. He stated that many patients
of the hospital must be transported to a M.R.I, facility elsewhere
in the county. It is the intention of the hospital to install its
own. He stated that the building will be temporary until the new
medical building is constructed, It will be leased to a group of
doctors and will be taxable by the Village. He stated that the
Building Inspector has looked at the plans and has approved them.
Chairman Galgano questioned the number of parking spaces to be
added.
Mr. Allen stated that sufficient parking spaces will be added.
Mr. Salman asked if the equipment would interfere with police
and fire radios. Mr. Allen stated that it would not.
Mr. Allen stated that it was the intention of the Hospital to
start immediately before the cold weather sets in.
Discussion followed regarding environmental assessment for the
new project. The Hospital maintains that it was part of the office
project previously submitted and that it was approved by the
Planning Board.

•

Mr. Salman moved, seconded by Mr. Windas, that the Planning
Board be designated the lead agency for the project.
Carried
unanimously.

•-k&amp;ciii*

�Mr. Windas moved, seconded by Mr, McCarthy, that the meeting
be adjourned to October 21st to allow the Hospital to present an
environmental assessment for the M.R.I, building.
Carried
unanimously.
Discussion followed regarding the two projects and Mr. Salman
stated that he would like to see final plans for the medical
building and the M.R.I, building. Mr. Windas stated that the site
plan for the medical building has previously been approved with no
changes, and the proposal submitted for the M.R.I, should be voted
upon separately.
MINUTES
After a
Tsangaris, to
September 17th
members of the

discussion, Mr. Salman moved, seconded by Ms.
postpone approval of the draft of minutes of
so that they may be corrected, as suggested by the
Board. Carried unanimously.

There being no further business to come before the Board, Mr.
Windas moved, seconded by Mr. Salman, that the same be duly
adjourned. Carried unanimously.
Respectfully submitted,
Irene Amato
Acting Clerk

./.i.'jrtaiaki''''

�Approye^with respect to substance and form:
Vr-

Village Attorney
Dated:

i t ^ ^

Approved by the Planning Board

. lrroan or Acting Chairmajr/
Dated: t(/n/ ?t(/

Filed with Village Clerk

:ierk or
Clerk
Clerk
or Deputy
Depu
Dated: it I^41 a*

SEPTEMBER 17, 1992

Date of Meeting

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r

Planning Board
Special Meeting
North Tarrytown, New York
October 21, 1992

FINAL

A special meeting of the Planning Board was held on Wednesday,
October 21, 1992 at 8:00 PM in Village Hall, North Tarrytown, New
York.
Present:

James Galgano, Chairman
Edward McCarthy
Ray Windas
Steve Salman
Richard Ayres (arrived late)
Ellen Tsangaris

Also Present:
Absent:

Robert W. Spencer, Village Attorney
Susan Portman, Frederick P. Clark Associates

James Donovan

IN THE MATTER OF PHELPS HOSPITAL - MRI PROJECT
This is an adjourned public hearing.
Mr. McCarthy moved, seconded by Mr. Windas, that the Planning
Board declared itself lead agency for purposes of conducting an
environmental review of the project. The motion was unanimously
adopted.
The Hospital advised that it will provide handicapped parking
spaces, as required by the ADA Act. The Hospital will provide a
revised site plan of the entire Hospital site to show the
location of the spaces. The Hospital will also show on the
revised site plan the details of the MRI building.
Phelps requested that the Village issue a conditional foundation
approval so that it could prepare the site for the MRI unit. The
Hospital agreed that the Village could grant such approval
subject to: (i) any comments of the Westchester County Planning
Department with respect to the project and (ii) the approval of
the Planning Board for the parking spaces (including the
handicapped spaces).
Phelps agreed to contribute $2400 in recreation fees based on 2
required parking spaces for the MRI building.
Dr. Salman moved, seconded by Mr. Windas, that the project should
be classified as a Type I action because the Hospital is located
in a critical environmental area and that the Planning Board has
determined that the project would not have any material adverse
1

�impact on the environment.

The motion was unanimously adopted.

IN THE MATTER OP THE LUBERGER ESTATE - SUBDIVISION
Mr. Spencer reported a conversation with Robert Barstow,
architect for the project, in which Mr. Barstow advised that the
berm had been removed from the parking space in back of the
commercial building and the oil tank pipe had been removed. The
oil tank is to be removed or filled with sand in accordance with
applicable laws, rules and regulations. The Planning Board wants
the tank removed. There is a question whether the garden in the
rear of the multi-family residence will be paved. The Planning
Board requested that the Building Inspector check on the status
of the project.
IN THE MATTER OF THE BEDFORD PARK PROJECT
The Board asked who was responsible for making certain that the
developer complied with the various conditions of approval of the
subdivision and site plan. The Building Inspector has primary
responsibility. There was a question whether the developer had
filed any bond required by the tree removal permit. Dr. Salman
requested that counsel review the bonding provisions of the
various resolutions to insure that there were no conflicting
provisions.
Respectfully submitted,

Robert W. Spencer
RWS/ab

2

�Approved with, respect to substance and form:

Uo
Village Attorney ,

Dated:

y

V J " M I?

Approved by the Planning Board
/ X-^z^
/Cnafirman or Acting Chairman
f Dated: n. 'f/?i~

F i l e d w i t h V i l l a g e Clerk

Clerk orm)eputy
Clerk
orm)epi
Dated
9-U

OCTOBER 15r 1992
Date of Meeting

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                    <text>FINAL
A Special Meeting was held by the Planning Board on November 5,
1992, in Village Hall.
Members Present:

Also Present:

Absent:

Roman Windas
Ellen Tsangaris
Edward McCarthy
Steven Salman
James Galgano
Susan Portman, Frederick P. Clark Associates
Robert Spencer, Esq.
James Margotta, Building Inspector
James Donovan
Richard Ayers

The meeting was called to order at 8:00 PM.
IN THE MATTER OF PHELPS MEMORIAL HOSPITAL, NORTH BROADWAY, NORTH
NEW YORK. (M.R.I, site Plan Proposal)

TARRYTOWN,

Mr. Galgano stated that the Board has received the site plans.
Mr. Salman asked if anthing had been heard from Westchester
County Planning Department. Ms. Portman stated that the County
would respond only if there were an issue. No response has been
received.
Mr. Galgano stated that our Village Engineer and Ms. Portman are
satisfied with the project.
Mr. Salman made a motion to approve the (M.R.I.) site plan
seconded by Mr. McCarthy. Motion carried unanimously.
Being no further business, this meeting was adjourned.

Christine A. Yurkov
Recording Secretary

�Approv^d^with Respect to substance and form:

Village Attorne

Dated:

-fhlh

Approved by the Planning Board

Chairman or. Acting Chairjsan
pafie&amp;i i if 9hi.

Filed with Village Clerk

Clerk ov Deputy Clerk
Dated: n/zLiJlJL—

OCTOBER 21, 1992
Date of Meeting

(SPECIAL MEETING)

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I.

PLANNING BOARD
REGULAR MEETING
NORTH TARRYTOWN, NEW YORK

FINAL

NOVEMBER 19, 1992

A regular meeting of the Planning Board was held on the above
date at Village Hall, North Tarrytown, New York.
PRESENT:

James Galgano, Chairman
Ellen Tsangaris
Steve Salman
Richard Ayers
James Donovan
Edward McCarthy

ABSENT:

Roman Windas

ALSO PRESENT:

Robert Spencer, Village Attorney
James Margotta, Building Inspector
Joe Gulino-Chas Manganaro Engineer
Susan Portman-Frederick Clark Associates

Chairman Galgano called the meeting to order at 8 P.M.
1•

ARLINDO RUIVO, 39 DEPEYSTER STREET-REQUEST FOR SUBDIVISION

Mr. John Hughes, Jr., representing Mr. Ruivo, stated that
Mr. Ruivo purchased the property from Albert Peck and had
completely renovated the existing building. He would now like to
subdivide the property in order to build a new residence. Mr.
Hughes presented a preliminary sketch of a layout, stating that
several variances would be required. He stated that the Code
would allow the building of a four family dwelling, but parking
would be an issue. He stated that he would confer with the
Planning Consultant and then go before the Zoning Board.
Mr. Salman moved, seconded by Mr. Donovan, that the matter
be referred to the Zoning Board. Carried unanimously.
2.

LAWRENCE GELLERMAN

Mr. Hughes requested that the matter of Dr. Gellerman be
postponed to a later date. The Board agreed to postpone this
application.

�3.

CHARLES PATEMAN-BEDFORD ROAD ASSOC.-CONTINUED

Mr. Pateman stated he has received permits for driveways on
Bedford Road and Webber Avenue from the County and State. His
purpose was to request the Board to reduce the requirements for
the cul de sac on Amos Street to a 50 foot radius (40 feet paved
radius).
Mr. Salman stated he would like to hear the comments of the
residents who were present.
Ann Petri stated she would like Mr. Pateman to abide by the
requirements of the Code. She stated she was concerned for the
safety of the area children and would like to keep the character
of the neighborhood.
Arthur Ceconi, Amos Street stated that a letter from the
Briggsville Neighborhood Association reiterated the area
residents' view. (Copy of letter in official minutes).
Gabriel P. Hayes, Amos Street, stated that the letter did
not present the views of all the residents of the area. He felt
that a cul-de-sac with a paved diameter of 100 feet was too large
and that 85 feet should be enough. With the construction of new
homes he felt that the area would be beautiful, and he welcomes
the construction.
Dorothy Paolantonio, Amos Street, stated that a lot of
trucks, including U.P.S. and oil trucks, turn around on Amos
Street and there have been no problems. She is in favor of the
smaller cul-de-sac. She stated her daughter is interested in
purchasing one of the homes and felt that all the children in the
area will be playing in the new cul-de-sac if kept at its present
size.
Joseph DeMichele, Amos Street, stated that his home is right
next door and he feels that the cul-de-sac will be too big.
Executive Board members of the Briggsville Neighborhood
Association stated they had met the previous night and the letter
was an official communication from the Association. Their main
concern was the ability of ambulances and fire trucks to get in
and out of the area quickly.
Mr. Kringas, Webber Avenue, stated that he was not in favor
of the large cul-de-sac. The members of the Association opposed
to the smaller cul-de-sac do not live directly adjacent to the
cul-de-sac. The neighbors who do live adjacent are not in favor
of the large cul-de-sac.
Mr. Arthur Ceconi stated he wanted the contractor to adhere
to the Code.

�Mrs. Ann Petri wanted the Board to consider opening up
Cottage Street.
Mr. Galgano stated it had been considered, but the grade up
to Bedford Road was too steep to comply to safety standards.
Mr. Pateman stated that due to the opposition he would
withdraw his request to make the cul-de-sac smaller.
Mr. Pateman stated he was awaiting approval from the Board
of Health and would like the Board to grant him a ninety day
extension to complete the conditions for approval of the
subdivision and site plan. He stated it would take more than
ninety days for the Board of Health to act on the matter. He
stated the local district office has approved but he is waiting
for State approval.
After discussion, Mr. Spencer stated that to obtain a
building permit he must satisfy all the requirements as spelled
out in the Board's approval of the subdivision.
After discussion, Mr. Salman moved, seconded by Mr. Ayers,
to grant Mr. Pateman an extension up to 180 days in order to
obtain the necessary State and Local Health Department permits.
Carried unanimously.
MINUTES
Mr. Salman moved, seconded by Mr. McCarthy, that the minutes
of the meeting held on September 17th, 1992 be approved as
submitted. Carried unanimously.
Mr. Salman moved, seconded by Mr. Ayers, that the minutes of
the meeting held on October 15th, 1992 be approved as submitted.
Carried unanimously.
Mr. Salman moved, seconded by Mr. McCarthy, that the minutes
of the meeting held on October 21st, 1992 be approved as
submitted. Carried unanimously.
Mr. Tsangaris moved, seconded by Mr. Salman, that the
minutes of the meeting held on November 5th, 1992 be approved as
submitted. Carried unanimously.
Discussion was had on the timely submission of information
to the Board.
Discussion followed regarding the Luberger Property on
Valley Street. Mr. Margotta stated that all requirements have
been met. He stated that the material in the oil tank has been
removed and the "berm" has been taken care of. The matter of
parking on the premises was also discussed.
There being no further business to come before the Board,

�Mr. Salman moved, seconded by Mr. McCarthy, that the meeting be
adjourned. Carried unanimously.
Mr. Galgano stated that the next meeting of the Board would
be held on January 21st, 1993.
Respectfully submitted,
Irene Amato
Acting Clerk

nmiTV CLERK

�Appr/ro^d w i t h r e s p e c t t o substance and form:

J 6xyrM

Village Atton
Dated:
f J

u({&lt;{fcy

Approved by the Planning Board

Ch%ifman or Acting Chairjfran
•ed: //^Y?2_

Filed with Village Clerk

.erk ov
ov. Deputy Clerk
Clerk
Dated: Mo*// 9

NOVEMBER 5, 1992 (SPECIAL MEETING)
Date of Meeting

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