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                  <text>Minutes of the Planning Board - September 5, 1985
Present:

James Galgano, Chairman
Robert Ponzini, Counsel
James Margotta, Building Inspector
Joseph Ruscigno
Ray Windas
Frank Rey

The Planning Board met on September 5 to consider the application of
Mr. Salvatore Donzella.

Previous to the reading of the Public Notice regarding

Mr. Donzella's application, Mr. Ponzini advised the Board that the Public Hearing
part of the E. Jacobsen application is closed, however, he noted that there is
a report at this time from the respective engineers.

Mr. M. Karamouz and

Mr. A. Paese met at Village Hall on Wednesday, September 4; they do not agree
on the matter of drainage or underground water and, therefore, we have the
authority of the Board of Trustees to expend the money to retain a third party
consulting engineer for the Village to ascertain whether or not the application
should be granted and if it would be in the best interest of all concerned.
Mr. Ponzini indicated that within two weeks we should have a report and then
be able to make a decision.

The attorneys agreed to this.

Keller and Federico

are the consulting engineers to be retained by the Village.
The Public Notice regarding Mr. Donzella1s application was read and Mr. Donzella
advised the Board that he wished to have their approval tonight on the subdivision of his property at 138 Valley Street.

He is requesting that two parcels

be made into one and he has presented plans showing new property line.

This

property was and is still nonconforming.
After the Board members reviewed Mr. Donzella"s plans, Mr. Windas made a motion
to approve this application and it was seconded by Mr. Rey.

Public hearing

was closed at 8:10.
Business meeting followed:

Mr. Donzella explained where property line will be

so the necessary maps can be drawn showing property as it is proposed in the
application.

Maps should be presented to the Planning Board, the Department

of Health, and Land Records.

Mr. Donzella pointed out that there is a steel fence

at the point where the line/to be moved.

Mr. Ponzini advised that the easement

should be shown on the plot map for the benefit of the Dept. of Health.
Mr. Ruscigno made a motion to approve the application in accordance with lines
shown on the map and subject to the final plan being submitted, showing easement.
The Board was polled and all agreed to granting this application.

�Page 2

The second half of the business meeting involved the Jacobsen application.
Mr. Ponzini recapped the previous meeting and the meeting the two engineers
had on September 4; he pointed out that they did not agree completely on
the issue of Jacobsen1 s application. Mr. Ponzini also pointed out that the
Mayor and Board of Trustees feel that we should have an impartial party look
at this situation and he feels that it is extremely important that our decision
be absolutely defensible if someone challenges that decision.
James Galgano said he did not think the Board of Trustees should have gotten
involved with the Planning Board and that the Planning Board should have made
a decision to allow this application; the Board of Trustees could then have
made their opinion known.
Mr. Ponzini informed the Board that when the application was presented to the
Board of Health, the covering letter was not attached explaining that no
decision was made by the Planning Board.
It is possible for Mr. Jacobsen to go to the Zoning Board and receive permission
to straighten the sewer line.
Planning Board members are in disagreement with Mr. Karamouz1 statements in
his letter.
Mr. Ponzini stated that a preliminary meeting will be set up with Keller and
Federico.
Mr. Ruscigno made a motion to adjourn and Mr. Windas seconded the motion.
Hearing and business meeting was adjourned at 8:50 p.m.
Respectfully submitted,
Marie Timmings

p

�Mr. Ray Windas

moved, seconded by Mr. Frank Rgy

(

and unanimously carried that the following resolution be adopted
as read:
WHEREAS, this Planning Board, on the application of
Salvatore G. Donzella
Name of Applicant

did on

September 5, 1985
Date

grant permission for a subdivision of their property
located at

138 Cortlandt Street, North Tarrytown, N. Y.

Section ig

, Sheet

, Block i 0

/ Lot 1 6

; and

WHEREAS, the aforesaid subdivision permits the
development of uses that are identical to those previously permitted, in that the action did not provide
for any change of zone, or approval of site plan;

and

WHEREAS, the property contains no structure or
area that is listed or eligible to be listed on the
Federal Register of Historic Places or designated by
the local Historic Architectural Review Board as an
historic landmark or district and the said subdivision
complies with all regional, state and local land use
plans;

�NOW, THEREFORE BE IT RESOLVED:
1.

The subdivision of the property as above

described is an unlisted action pursuant to Article
8 of the Environmental Conservation Law and Part 617
of the Rules and Regulations promulgated thereunder,
and will, in and of itself, not have a significant
effect on the environment, so that no Environmental
Impact Statement is required or need be filled
therefor.
2.

A

Nothing herein contained, however, shall

be deemed to indicate or suggest that subsequent
submissions for development of the property will
not require the preparation and filing of Environmental Impact Statements.
3.

This resolution is a Negative Declaration

for the purposes of Article 8 of the Environmental
Conservation Law, Local Law Environmental Quality
Review Act for the Village of North Tarrytown, and
will be kept on file at the Village Hall and be
available for public examination.

2

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