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                  <text>The Planning Board of the Village of North Tarrytown, met on
Wednesday, December 14, 1977, at 8:00 P.M. in the Municipal
Building, 28 Beekman Avenue, North Tarrytown, N.Y.
Present: Demetrios Caraley, Chairman
Francis Caro
Anthony Gasparovic
Joseph Jelenek, Jr.
Roman Windas
Robert Friou, Village Attorney
Robert Wright, Village Assessor
The meeting was called to order by the Chairman and the acting
clerk read the Public notice.
Mr. Caraley made every one aware, by pointing to the official
village map, the area of the so called paper street.
Mr. Donald Roy, counselor for Mr. Douglas D'Arpino, presented
a short history of the so called paper street, Philipse Avenue.
The street appeared on the official maps on file in the Westchester
County offices but the developers of Philipse Manor and the Village
of North Tarrytown decided not to have the avenue opened. Mr. Roy
then read from his letter of August 26, 1977, reasons why the village
should remove Philipse Avenue from the official map of the village.
(Letter enclosed).
In 1951, the village changed the assessment on this property
for each individual (originally from $100 to $700). A resident of
Philipse Manor, Mr. Morse, started a legal action against the village
and the assessment was reduced to its present level. The Supreme
Court asked that this assessment remain as is while Philipse Avenue
remains a paper street. Thus the Supreme Court established a "token"
assessment.
Mr. Caraley then presented to the other members of the board
and to the audience the attached "projected assessments" if the
paper street was removed.
The floor was opened to discussion:
Mr. Brown - If the paper street is removed from the official
map then the property is no longer covered by
"token assessment" and then my assessment could
be raised. If I had known of this, I would
never have purchased my house. This was never
explained to me.
Mrs. Deely - We purchased our house and the extra lot in
1951. We were told this Philipse Avenue was

�-2not developed so that land could be used to
allow utilities (water and gas) to go up to
Broadway.
Mr. Finn - Mr. Wright, what benefit would all the increased
taxes come to? The increase in taxes would not
be that much. The only one benefiting by it
would be the land speculator.
Mr. Wright - The small amount of land between two neighbors
(owner)
does not warrant removing the paper street.
Letter by Grace Brannigan read by Mrs. Blumenfeld.
Letter attached.
Mr. Abrams on - The "street" should be left as is. I am concerned with the destruction of the environment
and the loss of distance between neighbors.
Mr. McGough - I do not have property attached to the "paper
street" but I am interested in what changes it
would create in the appearance of the area, by
building so many houses so close together. Mr.
McGough also asked the assessor about the projected tax schedule and wanted to know about
permanent assessment rights.
Mr. Friou - The state law has adopted the map with certain
additions such as a paper street. No one can
build on the land unless given permission by the
Village. An easement would give the Village the
right to put a street there. An easement is based
on a title report.
Mr. Roy - - An easement such as was given to General Motors
for water rights.
Mr. McGough - Would the whole street (Highland Ave.) be
affected by this? (building a house on the
paper street).
Mr. Caraley - We are only here to change the map.
Mr. McBride - Presented a letter by Perry &amp; Mary Verrone.
Letter enclosed.
Mr. Ruscigno - Building a house on this property would only
create an eyesore.
Mr. Ballarino - President of the Philipse Manor Improvement
Association - I have had no time to poll the
members of the Association concerning their
feelings regarding this matter but I am mainly
concerned with the quality of life in Philipse
Manor.

�-3Mr. D'Arpino - The house to be built would have to meet
all the requirements of zoning. There are
only two pieces of property on the paper
street large enough to have houses built on
them. I am only interested in the lot on
Highland Ave. Development of this property
would increase the value of the other houses.
Mr. Caraley -- The people next to this paper street have the
best of two worlds - extra space and low
taxes (detracting influence). The Village
would not allow houses to be built on small
lots (village zoning laws). However, the
recent Supreme Court decision in Mt. Kisco
may change things. As Chairman, I must present all the factors. Zoning laws are made
by the Village but they can be overturned.
Mr. Blumenfeld - Mr. D'Arpino is only building this house
because he owns the two houses on either
side of the property. He wants to shave off
oarts of each to build this house.
Mr. Roy - - -

Mr. Friou, can a village have such a paper
street on a village map solely to protect
owners? A street would be more distracting
than a house. A village could change its
mind and build a street there.

Mr. Caraley -

In 1951, the Supreme Court ordered the
assessment reduced because this paper
street was considered a legitimate road.
Does the village have the burden of proof
to show that this should be maintained as
a street?

Mr. Rov - - -

The question should be how are assessments
made. Year by year? or committed for longer lengths of time:

Mr. Wright
(assessor)

The village increased the assessment but was
ordered, by the court, to lower the assessments.

Mr. Finn - - - Could the village research the original case
and see what the reasons were why the
assessments were lowered and if the village
could raise them.
Mr. McGouph - - Could I have the case number and site number
of the case?
The discussion ended and the hearing was closed at 9:00 P.M. Mr.
Caraley then polled the board members. The decision was 3 to 2 in
favor of eliminating the paper street.
Joseph Jelenek - the village has no intent in building a
road - PhiliDse Avenue.

�-4Eliminate the street from the official village
map and let the people use the land as they wish.
Anthony Gasparovic - We have to determine the best of two evils.
The road is not needed or wanted. A road will cost
a lot to build and maintain. Let the land be developed so that we can get the tax revenues. If a
road was to be built it would create an island
between two strips.
Francis Caro - I am very concerned with the environment. However, I feel the landowners on either side of this
paper street have been getting the benefit of extra
space without paying the assessment that other
people in the Manor have who have extra property.
They are maintaining these extra spaces and are
paying assessments on them. It's extremely unlikely that the village would build a street.
Roman Windas - I am against elimination of the paper street
because the tax rate would be minimal. Sustain the
street for what it was intended.
Mr. Caraley - The tax hike would hit many through no action of
theirs. I am against, building up the area. The
Planning Board has/cne final decision but the
Board of Trustees have to change the official map.
I agree with Mr. Windas. Equities are against
change. I will report to the Board of Trustees.

Before leaving the hearing room Trustee Emily Spaulding hand
delivered a letter to each Planning Board member. There were no
extra copies, so none was given to the acting clerk.
Trustee Spaulding's letter requested permission from the Planning Board to allow the Manor railroad station to become a residence.
Mrs. SDaulding cited the vandalism and that the only way to stop
it would be to have someone live on the Droperty. There was also the
possibility that that Derson could serve coffee in the morning to the
commuters.
Mr. Ballarino, as President of the Philipse Manor Improvement
Association, I believe that the only way to stop the vandalism at the
station is to have someone reside there. The Association is interested in restoring the station.
Mr. Jelenek:

Who would be responsible for the person?

Mr. Caraley: No one would be responsible. The area is already
zoned for residence and this would onlv be another residence. It

�-5would only have to conform to residential requirements.
Mr. Gasparovic-Mrs.
funding for this. Would
enough trouble with that
there? It might open up
Housing.

Spaulding : You say we could get Federal
this be Federal Housing Money? We have had
already. Would we subsidize someone to live
the whole of Philipse Manor to Federal

Mrs. Spaulding: Federal money would only be used to restore the
station. Also the Historical Society is interested in restoring the
station.
Mr. Windas: Is the station in a residential section since it is
on the west side of Riverside Drive?
Mr. Caraley-Mr. Friou:
and needs further research.

We agree that this is a good question
Respectfully submitted,

Florence Kane
Acting Clerk

�VILLAGE OF NORTH TARRYTOWN
INTERNAL MEMORANDUM
Members of the Planning Board
From

D. Caraley, Chairman

Subject

Correction min. of 12/14/77 - page 4

Date

1/5/78

Kindly correct minutes regarding statement made by me as follows
»

Mr

Caraley - * * * * * * * * * * *
***
The Planning Board has not the final decision, etc
(Minutes read: The Planning Board has the final
decision, etc.)

Report to the Board will follow.

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�PUBLIC NOTICE

VV\

VILLAGE OF NORTH TARRYTOWN

PLEASE TAKE NOTICE that the Planning Board of the Village of
North Tarryto-wn will hold a public hearing on Wednesday, December 14,
1977, at 8:00 P.M. in the Municipal Building, 28 Beekman Avenue,
North Tarrytovn, N.Y., to consider an application of Douglas D'Arpino
to have changed the official map of North Tarry town so as to remove
the so-called paper street, Philipse Avenue, which runs north and
south parallel to route 9 in Philipse Manor.
If this change is made, the detracting influence on the parcels
of property forming the bed of Philipse Avenue will be removed and
the value of these parcels for tax purposes will be increased and the
environmental character of the parcels will be affected if structures
are built upon them.
All taxpayers, residents and parties in interest are entitled
to appear and be heard at said hearing.

By Order of t"he Planning Board
Dated: December 7, 1977

Filomena Fallacaro
Village Clerk

A

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