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                  <text>MINUTES OF PLANNING BOARD MEETING June 26, 1985
Public hearing re application of Helen Wyhof for subdivision.
James Galgano, Presider
Mark L. Davies, Counsel
James Margotta, Building Inspector
Raymond Dool
Joseph Ruscigno
Frank Rey
Hearing was opened by Mr. Galgano at 8 p.m. and those in attendance
were advised that they could speak if they wished.
Mr. Ralph DeRose introduced himself as Counsel representing
Helen Wyhof.
Mr. Margotta spoke first and advised the Board that he could see
nothing wrong with the request for a subdivision; all requirements
have been met.
Mr. Ruscigno said that everything looked good and that he had
inspected the site.

Mr. Rey had not looked at the property.

Mr. Ruscigno made a motion to grant approval of the application for
subdivision and his motion was seconded by Mr. Dool.
further discussion;
of granting

the Board was polled and all were in favor

the request for a subdivision.

Respectfully submitted,

Marie Timmings

There was no

'

�MINUTES OF PLANNING BOARD MEETING June 26, 1985
Public hearing re; application of Phillip R,and Mary Anne Benza
for subdivision.
James Galgano, Presider
Mark Davies, Counsel
James Margotta, Building Inspector
Raymond Dool
Joseph Ruscigno
Frank Rey
Hearing was opened by James Galgano and those present were asked
if they wished to speak.

Mr. John Hughes introduced himself as

Counsel for the Benzas and asked the Board to approve their
application.
Mr. John Garibaldi, 138 Harwood Avenue, spoke first and informed
the Board that after inspecting the property and plot plan he does
not feel that this subdivision will meet Village specifications
because 1) he does not feel the paper street should be included in
the total square footage of property owned by the Benzas and 2)
without the paper street parcel, the existing property is less than
20,000 square feet.
that
Counsel John Hughes informed Mr. Garibaldi,/the Benzas pay taxes on
the paper street parcel and
not build on this land,
large enough.

they

legally own it although they may

therefore, their property is sufficiently

The Benzas' deed indicates that the paper street par-

cel does belong to them.
Counsel for the Planning Board, Mark Davies, reiterated Mr. Hughes*
statements and quoted the following:
Zoning-Cluster Ordinance, 4/10/'85 - Friends of Shawangunks v.
Knowlton "Even though a previously granted conservation easement proscribes erection of residences on part of the land
included in a cluster zoning application, the land thus burdened
may be counted in determining the number of residential units
that may be erected on the unburdened acreage."

�Page 2

Mr. Garibaldi pointed out that there is a requirement that each
piece of property in Philipse Manor must have a frontage of 75
feet and at present, the parcel of land with the structure
would have a frontage of only 64.59 ft. if subdivision is granted;
the

parcel

on the corner of Kelburne and Broadway would have a

frontage of 69.19 ft.

He also pointed out the danger of building

on property where ingress and egress would be off Broadway where
there has already been a death due to this type of situation.
Mr. Hughes assured Mr. Garibaldi that there are no present formal
plans to build on this property although Mr. Benza does wish to
build a driveway.

Mr. Margotta informed the Board that this must

meet specifications as to footage on each side of the proposed drive.
Mr. Rey questioned whether the Board will be creating a nonconforming piece of property by granting this subdivision.
Mr. Galgano questioned just how much property Mr. Benza has on
Kelburne Avenue and how it is measured, on the curve or straight
directly to a corner point.

He was informed that property is
Mr. Galgano also mentioned that there
measured exactly as you see it. m a y b e a p r o b l e m w i t h t h e s t a t e reg arding
building on Broadway.
Mr. Ruscigno said that he felt that there should be more research
done on this request and further discussion is necessary before
by Mr. Ruscigno
a decision is made by the Board. A motion was made/and seconded
by Frank Rey,
that before approval is granted this subdivision must meet the
approval of the Village Engineer.
Hearing adjourned at 8:40 jp.m.
Respectfully submitted,

Marie Timmings

/

�Joseph Ruscigno

moved, seconded by

Raymond Pool

and unanimously carried that the following resolution be adopter-d
as read:
WHEREAS, this Planning Board, on the application of
HELEN WYHOF
Name of Applicant

__•__, did on

June 26, 1985
Date

grant permission for a subdivision of their property
located at

247 Palmer Avenue, North Tarrytown, N. Y.

Section 14

, Sheet

, Block 20

, Lot

3

; 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.

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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