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                  <text>PLANNING BOARD hearing - July 24, 1985
Present:

James Galgano, Presider
Robert Ponzini, Attorney
James Margotta, Building Inspector
Raymond Dool
Ray Windas
Frank Rey
John Biros
Absent:
Joseph Ruscigno
Mr. Galgano opened the hearing at 8:30 p.m.
Mr. Philip Wissel, attorney representing Edwin Jacobsen, spoke to
the Board and pointed out the reasons for his client's request for a
subdivision. Mr. Jacobsen wishes to subdivide his property in order to
construct a house, however, there is a major problem in that the sewer
and storm drain lines lie where they wish to build the house and they
will have to be rerouted. New tile pipe will be used and the expense
of rerouting these pipes will be born by the Jacobsens. The addition of
a few manholes will be necessary to facilitate getting into these pipes.
It was pointed out that there should not be any possibility of increased
maintenance costs or future expense as a result of these changes to the
Village of North Tarrytown. Plans of the property were submitted indicating the routing of new pipe.
Mr. Windas questioned whether or not there is an easement on this
property and Mr. Ponzini informed him that there is but it is not recorded.
Mr. Biros said that easement lines meet the requirement as shown on the
drawing. On a question from Mr. Ponzini, he was informed that the subdivided lot would be a buildable lot. The proposed building will in no
way cover the proposed changes in utility lines; the structure would not
be over the utility lines and according to Mr. Jacobsen, the house would
not be closer to the pipes than 8*to 10'.
Mr. A. A. Litt, attorney, spoke for the residents of the neighborhood who object to granting this subdivision. He advised the Board
that they are very concerned about the health and safety of the residents
and they feel very strongly that the subdivision should not be granted
without a full study being made and an evaluation of the potential
impact on the area. Mr. Litt pointed out that in order for a subdivision to be granted, the property must be useable without damage to other
property in the area.

«•••

I

�-2Mr. Litt presented a letter to the Board from Mr. M. Karamouz,
an Assistant Professor at Polytechnic Institute; Mr. Karamouz has a
doctorate in Civil Engineering and is a Licensed Professional Engineer.
Mr. Karamouz was requested to observe the property in question and in
his letter he made recommendations and suggestions regarding the rerouting of the water pipes in question, (letter attached)
Mr. Litt pointed out that in Mr. Karamouz' letter it is stated
that the underground stream passes under the proposed new subdivision
near one or more of the proposed sanitary manholes which increases the
possibility of contamination and the water flow near the manholes could
cause water to get into the manhole.
Mr. Litt also stated that the residents of the area want to have
a complete study done of all ground water and the sewage system. Some
feel that the sewer is close to capacity now and that there are
problems at this time, i.e. water and sewage backup in their basements
as well as flooding. They wish to have a professional engineer make a
study of this property and assure them that it is safe to build on this
lot. Residents believe the underground stream could be contaminated
from the sewer and subdivision should not be granted until the problem
is solved.
Mr. Anthony Sarli, 33 Harwood Avenue, reminded the Board that
several weeks ago he submitted an exhibit to the Village Clerk which
referred to this application for subdivision. He also advised the Board
that several residents interested in this subdivision could not attend
this evening's meeting because they are away on vacation. Mr. Sarli
pointed out that the Village had dug in the area in April but do not
know the depth or slope of pipe at that location. He is very concerned
with the odor that may come from the pipes, plus seepage and polution,
and the possibility that there could be a rupture of pipe when new pipe
is used with old pipe. He feels that an environmental impact study
should be made before any consideration is given to this application.
Several other area residents pointed out their concerns of contamination, flooding in yards and basements and the fact that the Village
has had to pump out the line frequently;
they feel there will be
problems here in the future.

�-3Mr. Wissel said that he feels residents are justified in their
Wv concerns but should realize that Mr. Jacobsen will not do anything
that will decrease the value of their property or his. The use of
larger pipe (10" rather than 6") will be more efficient and
Mr. Jacobsen assured those concerned that he has discussed the problem
with professionals to be sure the rerouting of the pipe is done correctly.
Mr. Jacobsen has had a professional engineer discuss the problem with
Mr. Biros and has done everything reasonable to assure that the proposed
work is done correctly and he requests that his application be granted.
Mr. Marcel Goldenberg, 146 Hunter Avenue, stated that the Village
should be careful and obtain the proper decision on this problem; make
sure and have someone post a bond so that if anything goes wrong, someone will pay for it.
Mrs. Edwin Jacobsen questioned how rerouting of the sewer lines
and the use of better pipe could possibly be more damaging than what we
have now. The Jacobsens feel they are helping their neighbors so that
there will be no future problems. They are also concerned about rising
construction costs which will result with delay in granting this subdivision.
Mr. J. O'Leary, a new village resident who has been with Westchester County Department of Health for several years, suggested that
with
the Village consult/the Dept. of Health before any change is made in
the route of the sewer lines.
Mr. Wissel advised that the Dept. of Health will have to be consulted before any pipes are moved. He also advised that the Jacobsens
have retained a professional to do a study and Mr. Biros confirmed
that this is true and that it is being done properly.
When Mr. John Carroll of Hunter Avenue expressed concern that
a 10" pipe running into a 6" pipe could cause problems he was informed
by Mr. Wissel that the 10" pipe will empty into a manhole, not into a
6" pipe.
Mr. Litt said that the new pipe is not the question but the manholes are and that they have not been surveyed properly. There is
substantial risk here and he advised the Board not to subdivide too
hastily.

�-4-

•

The question was raised that if an evaluation has been made by
experts, residents would like the assurance that it has indeed been
stl
done. They also^1^ 2ftat if new pipe is better than that which has
been there for years, will these new pipes put more strain on the old
ones, thus causing more risk?
On a motion by Frank Rey, seconded by Ray Windas,, the hearing
was closed .

BUSINESS MEETING
Mr. Windas questioned if there is any objection to putting a
house on the open lot and he was informed by Mr. Litt that no one had
any objection to a house on this lot,if it will not cause any increased
flooding or increased water problems.
In response to several questions, Mr. Biros explained how the underground stream flows from the area into Fremont Pond and he explained
further that the sanitary sewer is an 8" pipe which does not cause any
problems. He further explained that the Village does routine maintenance on the sewer system.
Mr. Margotta suggested that perhaps the elevation of some residents1
basement floors is too low thereby causing sewage backup.
On a question from Mr. Sarli, Mr. Biros explained that the bacteria
count in the water has never been tested.
Mr. A. Paese, a Licensed Professional Engineer, retained by
Mr. Edwin Jacobsen, will contact the Board of Health. The^Boara will
provide Mr. Paese with a copy of the minutes of this hearing and request
his reply to all questions before the next meeting on September 5.
It was suggested that Mr. Paese contact Mr.MJ^aramouz (333 Jay Street,
Brooklyn, N. Y. 11201) and discuss with him all aspects of this problem
and come to a resolution.
The Planning Board will consider obtaining
the opinion of a third professional engineer, if necessary, if there is a
difference of opinion between Mr. Paese and Mr. Karamouz.
Mr. Windas suggested that a copy of the plans be sent to the Dept.
of Health.
Mr. Ponzini reiterated that regardless of delay, the Board must
make the right decision.
Meeting closed at 10 p.m.
„
.,-,..
, .
Respectfully submitted,
Marie Timmings

�M. Karamouz
333 Jay Street
Brooklyn, NY 11201

^

&gt;
A ^

July 24,1935

Village of North Tarrytown
Members o-f the Planning Board:
I am an Assistant Professor at Polytechnic Institute of New
York at which I teach design and construction of sewer
systems
and a graduate course in Ground Water and Seepage. I have a Ph.D.
in civil engineering from Purdue University and I am a Licensed
Professional Engineer in New York State. I would like to share my
observation
concerning
the proposed
subdivision
of
Mr.
Jackobson's property in Bellwood Ave.
An uderground stream or water course has been observed
five
feet below ground surface on the property adjacent to Mr. Sar1i's
Property
in the east. The stream appears to be flowing in the
direction of Sohn's Property at the northwest corner
of
Bellwood
and Farrington Avenues. It probably passes under the proposed new
lot arround the location of one or more of the proposed sanitary
manholes. This increases the likelihood of the contamination
of
the stream particularly in case of any backup in the sewer line.
T r. addition, the water flew arround the manholes could
cause
water
to get into the manhole and if this happens then
flooding
of sewer system will be inevitable.
In either case there could
be serious problems for the residence of the area.
I there-fore strongly recommend that the local
authorities
should
look at this entire problem in detail. It should not be
considered as amatter of simple subdivision with a 200 ft. sewer
relocation.
It may well
have harmful effects on the other
properties
in the area. A detailed environmental impact
study
should be made of the entire sewer system and the drainage in the
ares by a Licensed Professional Engineer. Only then, would it be
possible to determine
if there is any way to subdivide
this
property without danger to the heal tk and safety of others.
Furthermore proper engineering practice is clearly opposed to
locating
public
sewers and specially manholes on
private
properties. The Ten State Standards adopted by New York
State
cle.T.r ly takes this position. Inevitably, sewers and manholes on
private properties are more difficult and expensive for
the
village to maintain. Even more important is the health hazard
caused by direct exposure of the sewage through manholes in the
p-ivate arerits used by homeowners and their children.

�Certainly, a detailed d e s i g n study o-f the project should be
made by a Licensed
Profess ional
Engineer
including
ground
elevations, depth o-f soil c o v e r s , slop^o-f land, level of ground
i-.ater, and location of underground stream. There may well be an
alternative design which will fee less dangerous to neighbors such
as locating the sewer lines in the street from Harwood Ave.
around under Bellwood Ave. to Harrington Avenue.

Si ncersly,

Mohammad Karamouz, Ph.D,
Licensed Professional
Engineer

�PLANNING BOARD hearing - July 24, 1985
Present:

Absent:

James Galgano, Presider
Robert Ponzini, Attorney
James Margotta, Building Inspector
Raymond Dool
Ray Windas
Frank Rey
John Biros
Joseph Ruscigno

Mr. Galgano opened the hearing at 8:00 p.m. and welcomed
anyone present who wished to address the Board.
Norman Sheer, attorney for Ellen Lehrman, presented an
affidavit of payment of taxes to date and went on to inform the
Board that there are two existing buildings on the property in
question.

One building is a 2% story, three-family dwelling with

luncheonette on the first floor, the other is a one-family dwelling.
Mr. Sheer said,
we are proposing to divide the property into two parcels so that the
one-family building will sit on one parcel and the 2% story building will sit on the other.

The property at this time is non-conform-

ing; it lacks area and setbacks.

By rearrangement the property will

be made conforming and side and rear yard areas will be in compliance with the ordinance.
Mr. Sheer asked the Board if they had any questions and
Mr. Galgano said they did not.
Motion to close hearing was made by Raymond Dool and seconded
by Ray Windas.
Business meeting followed and James Margotta looked at the
drawing and advised that he could find nothing out of order.
Frank Rey made a motion to approve subdivision application which
was seconded by Raymond Dool.

Hearing closed on motion made by

Ray Windas, seconded by Frank Rey at 8:10 p.m.
Respectfully submitted,,
Marie Timmings

X

�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.
Carried.

2
t

�Frank Rey

moved, seconded by Raymond Pool

and unanimously c a r r i e d t h a t t h e f o l l o w i n g r e s o l u t i o n be adopted
as r e a d :
WHEREAS, this Planning Board, on the application of
Ellen Lahrman
Name of Applicant

___, did on

July,24, 1985
Date

grant permission for a subdivision of their property
located at

194 Beekman Avenue
North Tarrytown, New York 10591

Section
,
, Block
, Lot
; and
16
4
1
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;

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