https://sleepyhollow.localarchives.org/files/original/80048fd347c9b371b79aacf1696d72ea.pdf 0c12b39fe2bc8b0eced03d7a2e3e8a40 PDF Text Text Planning Board meeting - October 10, 1985 Present: James Galgano, Presider Robert Ponzini, Council James Margotta, Building Inspector Joseph Ruscigno Frank Rey ® The October 10 Planning Board meeting opened at 8:10 p.m. The purpose of this meeting was to make a decision regarding the Jacobsen property on Harwood Avenue, corner of Bellwood Avenue. Mr. Ponzini submitted to the Clerk a letter from Engineers and Development Consultants Kellard & Federico, dated October 7, 1985 as well as a Subdivision Map prepared by Charles Riley, Land Surveyor, Profiles- Sanitary Sewer and Storm Drain prepared by Charles Riley, and Utility Plan signed by Charles Riley and utilities by A. G. Paese, N.Y.S.P.E. Mr. Ponzini pointed out that this meeting was held to review data and make a decision regarding the Jacobsen property and that the Board would not open up the meeting to comments from residents. He did ask, however, if Mr. A. Litt (attorney for residents who object to Board granting a subdivision) wished to speak. Mr. Litt advised that he would submit a copy of his statements to the Clerk. Mr. Litt advised the Board that he did not feel the report from Kellard & Federico completely covered the situation of ground water, flooding, and pollution and he requests an engineering study to locate underground stream and study pollution. Mr. Litt stated that his client deserves full protection. Residents of the area do not wish to accept Mr. A. G. Paese"s word that conditions are satisfactory and that the Village should not accept this until test data is approved. Mr. Litt expressed his feeling that if the Board grants approval, the Village will have to accept the consequences and the residents will be left with the problems. Mr. Ponzini advised that Kellard & Federico were invited to this meeting, however, were unable to make it; that they received the complete file- including information from Mr. Paese and Mr. Karamouzto study and that they did not respond to everything. Mr. Ponzini will get in touch with them again. Mr. Rey mentioned that the Kellard & Federico letter did not mention undergound stream and high water in the area but feels that this cannot be checked unless construction is underway. The responsibility lies with the Jacobsens that construction is done according to specifications. Mr. Rey also feels that the Village has responded to everything required in this situation. Mr. Ruscigno made a motion that the proposal is the proper solution for relocation of the utilities in question subject to the proper on-site inspection and testing. Mr. Rey seconded this motion. All in favor. �Mr. Ponzini stated that the Village Water Department can inspect this construction as it proceeds and that the Village should employ a professional engineer to come in and look at the construction also. It was his recommendation that in addition to the Water Department, we should have another engineer inspect Mr. Paese's work to be sure that it is done properly. Mr. Litt feels this should be incorporated with the plan. Mr. Rey made a motion that we submit a Resolution to the Board of Trustees expressing our concerns since John Biros is retiring and that we recommend that the Village hire a consultant; that test data be submitted on the sewer system and that no action be taken regarding construction until a professional engineer checks it. Mr. Ruscigno seconded this motion and all voted in favor. Mr. Ponzini stated that Mr. Jacobsen must obtain County approval. at 8:35 p.m. Mr. Ruscigno made a motion/to adjourn; motion seconded by Mr. Rey Respectfully submitted, Marie Timmings �Mr. Joseph Ruscigno moved, seconded by Mr. Frank Rey and unanimously carried that the following resolution be adopted as read: WHEREAS, this Planning Board, on the application of Edwin Jacobsen Name of Applicant . ^m on October 10 , 1985 Date grant permission for a subdivision of their property located at Section Jttf , Sheet 35 Harwood Avenue , Block 8 i Lot -irir ; and /U 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; # J JU- �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 �I* Kellard & Federico October 7, 1985 Walsh, Maroney & ponzini 14 North Broadway Tarrytown, New York 10591 Attention: Mr. Robert Ponzini Re: Proposed Subdivision - Edwin Jacobsen Sanitary Sewer and Storm Drain Relocations Between Harwood Avenue and Farrington Avenue North Tarrytown, New York Dear Mr. Ponzini: As per your request, we have reviewed the proposed relocation of the existing sanitary sewer and storm drain for the referenced subdivision. Our review was based on field inspections and review of the following documents: 1. Planning Board minutes dated July 24, 1985. 2. "Utility Plan" Prepared by A.G. Paese, P.E. dated last revision August 12, 1985. 3. "Subdivision Map prepared for Edwin Jacobsen" prepared by Charles Riley, L.S. dated July 10, 1985. Our comments are as follows: 1. The proposed relocation is apparently required in order to construct a residence on the proposed Lot B as shown on the map entitled "Subdivision Map Prepared for Edwin Jacobsen" dated July 10, 1985. We must assume the proposed relocation will physically permit this construction in conformance with the Village of North Tarrytown Zoning Ordinance. 2. The practice of placing utilities within easements on private property is a fairly common practice in the Westchester County area. This practice is usually due to topography as well as economic considerations when designing a sewer system. Evidence of such proceedures is noted in the countywide sanitary sewer systems recently constructed under the federally funded Pure Waters Act. engineers and development consultants (914) 241-1414 359 Main St Mt Kisco N.Y 10549 �Page Two Walsh, Maroney & Ponzini October 7, 1985 Regarding this particular situation, the concern seems irrelevant due to the fact that the existing sanitary sewer has existed on private property for many years and therefore, the relocation as proposed should not adversely affect Mr. Jacobsen's property or the abuting neighbors. The sewer as proposed conforms to the same size piping that exists with the present system. 3. We have found through our past experience in the Westchester County area that, if in fact groundwater is encountered, it is not an uncommon occurrence. Should high groundwater conditions exist in this area, the Westchester County Health Department, as the reviewing and approving agency, requires that the following procedures be followed in order to assure that a properly functioning sanitary sewer is constructed. a) The Westchester County Department of Health, as a condition of their approval, requires that during construction a licensed professional engineer must supervise the construction to assure that proper procedures are followed and that the construction is in accordance with the approved plans. b) The Westchester County Health Department requires that all newly constructed sanitary sewers must be tested for exfiltration and/or infiltration in areas of high groundwater. Therefore, should groundwater be encountered, the licensed professional engineer should verify that the system is watertight. The licensed professional engineer must also certify that the proposed system meets Westchester County testing requirements. This testing procedure will further insure a properly constructed and functioning sanitary sewer system. We suggest that the Village of North Tarrytown not accept the new sanitary sewer system until such time as the test data has been submitted and found to meet the requirements of the Westchester County Health Department. 4. Surface water flow is shown on the U.S. Geological Survey, Tarrytown Quadrangle. The topography in this area forms a swale from Harwood Avenue flowing north to Farrington Avenue. It appears that this condition resulted in the storm drain being installed through the Jacobsen property in order to convey surface drainage from Harwood avenue north to Farrington Avenue. The topography as indicated should alert the builder to consider the possibility of subsurface drainage to be used for the proposed residence. �Page Three Walsh, Maroney & Ponzini October 7, 1985 If in fact groundwater flow is found during construction, standard construction procedures to direct groundwater flow around the proposed residence will be required. Due to the fact that the storm drainage system is adjacent to the proposed residence, it would not appear to be difficult to divert these flows. In conclusion, through our review of the proposed relocation of existing sanitary sewer and storm drain, we believe that the proposal is a proper solution for relocation of both utilities. It goes without question that the on-site inspection and testing must be adhered to in order to assure a proper installation. / •//flr^ Should there be any additional questions, we would be most pleased to offer further assistance in the project's review. Sincerely your // /-Ajohn K e l l a r d , P . E . Kellard & Federico P JK/mp �ALLEN, LITT & HULNICK ATTORNEYS AT LAW 5 4 MAIN STREET TARRYTOWN. NEW YORK 1 0 5 9 1 ERNEST G.ALLEN ARTHUR A. LITT (914)631-7768 DONALD HULNICK DEAN STEVEN TRAVALINO October 17, 1985 Planning Board Village of North Tarrytown Village Hall North Tarrytown, New York 10591 re: Jacobsen Subdivision Gentlemen: We represent a large number of residents of Philipse Manor in the Harwood-Farrington-Hunter Avenue area, many of whom appeared at the public hearing of this matter on July 24, 1985. Over the years, they have had problems with the drainage and sewer systems of the area, and they have serious concerns about the potential impact of the Jacobsen Subdivision on these problems. They have good reason to believe that there is an underground stream crossing the Jacobsen property from southeast to northwest. They have good reason to believe that this stream feeds into the open stream between Farrington and Hunter Avenues. They know that there has been pollution of the open stream. They know that there has been downstream flooding. They have personal experience with the overtaxing of the existing sewer system. They came to the Village with these concerns because they are residents and taxpayers of the Village, and they feel that they and their families are entitled to the assistance and protection of the Village government. They asked that the underground stream be definitely located. They asked that the question of possible pollution from the relocated sewer system and manholes be studied factually and in detail. �ALLEN, LITT & HULNICK Planning Board Village of North Tarrytown -2- October 17, 1985 They asked that the question of overloading the down-stream sewer line be studied and analyzed. They want, and they feel that they are entitled to, full and complete protection and reassurance after full investigation and field testing. What the Village has given them is this report from Kellard and Federico which gives them nothing. First of all, the list of documents on which the report is based does not even include Dr. Karamouz' report. Second, there was no field work, no attempt to actually get any data about anything. There is no mention at all of the sewer overloading problem. They talk about "groundwater" as if it were simply a question of the water table, when actually we're speaking of a stream underground, with a definite directional flow. All the residents get from this report is a suggestion that, if there's any groundwater, Mr. Paese will sign a certificate that everything's all right. They are not satisfied to accept the certificate nor the supervision of Mr. Jacobsen's engineer. This is no assurance at all. Similarly, the suggestion that the Village not "accept" the work until the test data has been approved is absurd. A new section is being inserted into the middle of a sewer trunk line. Once it is installed, the Village cannot avoid taking it and using it. If the Board grants approval tonight, and if any problems ensue, either the Village will have to bear the consequences, or else the Village will do nothing and the residents will bear the consequences. We repeat — this report gives my clients absolutely nothing of the assurance and protection they asked for. They want a field investigation to determine the location, size, flow and direction of the underground stream. They want a complete investigation of the downstream sewer problems. They want some better protection against pollution than a certificate by Mr. Jacobsen's engineer. If and when anything is done here, my clients want to know what tests are going to be made to assure their safety and property, who is going to supervise the work, and who is going to supervise the testing. �ALLEN, LITT & HULNICK Planning Board Village of North Tarrytown October 17, 1985 -3- That is my clients1 position. They believe the Village is defaulting on its responsibilities if it refuses to carry out actual field investigations and the collection of factual data before allowing this subdivision to proceed. Very Arthur A. Litt AALrmi �VIILAGE OF NORTH TABRYTOWN, NEW YORK 28 BEEKMAN A V E N U E PHILIP E. ZEGARELLI. MAYOR J A M E S J . T I M M I N G S . CHAIRMAN MANAGEMENT AND BUDGET JAMES J. TIMMINOS DEPUTY MAYOR tANK M A N G I E R ) . J R . , CHAIRMAN GOVERNMENTAL RELATIONS M I S S F I L O M E N A PALLACARO VILLAGE CLERK STEVE S A L M A N , CHAIRMAN PUBLIC WORKS MRS. IRENE AMATO VILLAGE TREASURER S U S A N J . Q A L G A N O . CHAIRMAN RECREATION AND HUMAN RESOURCES ROBERT J . P O N Z I N I VILLAGE COUNSEL P H I L I P E. BLECKER. CHAIRMAN ADMINISTRATION A L L E N T. W I L L I A M S . CHAIRMAN PUBLIC SAFETY INCORPORATED 1S74 22 October 1985 Allen, Litt & Hulnick 54 Main Street Tarrytown, N.Y. Attention: Arthur Litt, Esq. Re: Jacobsen Subdivision Dear Mr. litt: I have had an opportunity to review your letter of October 17, 1985. I will not go into gr^at length except to disagree with your conclusion. I believe the record is clear that the Village has acted in a thorough, competent and professional fashion in protecting the rights of all parties involved. Additionally, I am enclosing a copy of a letter dated October 22, 1985 from Robert G. Wasp, B\E., of the Westchester County Department of Health, believe that when you review the comments of Mr. Wasp, together with the precautions implemented by the Village of North Tarrytown, you will agree that the Village has tiaken a very conservative and cautious approach in the granting of the Jacobsen subdivision. I would ask that you share this and the enclosure letter with your clients. Very truly yours, Robert J. Ponzini Village Attorney RJP:ff Enc. cc: Planning Board Mayor & Board of trustees *'where the Headless Horseman rode** �DEPARTMENT OF HEALTH ANITA S. CURRAN, M.D., M.P.H. Commissioner Mayor and Village Board Village of No. Tarrytown Village Hall, 28 Beekman Ave. No. Tarrytown, N.Y. 10691 RE: Approval of Plans for a Sewer Reconstruction Ed Jacobsen No. Tarrytown Gentlemen: This approval of plans is issued under provisions of Article 17 of the Environmental Conservation Law and 6NYCRR 652, and is issued for plans consisting of two sheets prepared by A.G. Paese,P.E.and dated Aug. 21, 1985. The project is located in the Village of No. Tarrytown. This letter of approval of plans and a set of the approved plans should be filed in the appropriate office of the Village of No. Tarrytown. By initiating construction of the project covered by this approval of plans, the applicant accepts and agrees to abide by and conform to the following: 1. THAT this approval letter shall be maintained on file by the applicant. 2. THAT the approval is revocable or subject to modification or change pursuant to Article 17 of the Environmental Conservation Law. 3. THAT the facilities shall be fully constructed and completed in compliance with the engineering report, plans, and specifications as approved. 4. THAT the construction of the facilities shall be under the supervision of a person or firm qualified to practice professional engineering in the State of New York under the Education Law of the State of New York, which supervision is the responsibility of the applicant. 5. THAT the professional engineer supervising such construction shall certify to the Department in writing, and to the applicant that the constructed facilities have been under his supervision and that the works have been fully completed in accordance with the approved engineering reports, plans, specifications and approval of plans. County Office Building 2 • 150 Grand Street, White Plains, New York 10601 �6. THAT the certification of construction, including acceptable results of leakage testing of the completed work, shall be forwarded to the Bureau of Environmental Quality Oontrol of the Westchester County Department of Health after completion of construction and at least within thirty days therof. 7. THAT the facilities shall not be placed in operation until construction has been completed and the department has accepted in writing, the certification of construction and results of leakage testing. 8. THAT the construction of the facilities shall commence on or about Sept. 1, 1985 and be fully completed by Sept. 1, 1990. 9. TOAT the leakage outward or the infiltration shall not exceed one hundred (100) gallons per inch of sewer pipe diameter per mile per day for any section of the sewerage system and manholes. This approval of plans is issued for the relocation of approximately 179 lineal feet of 10 inch sewer line with manholes and is issued for the State Commissioner of Environmental Conservation. truly yours. Robert G. Wasp, P.E. Acting Assisstant Coommissioher Bureau of Environmental Quality RGW:EJD Enc. cc: NYSDEC-White Plains WCDEF John Biros, Gus Paese Ed Delaney File �\ _ O l ~~ VWA^~ Ulestohestar County ANDREW P. O'ROURKE County Executive DEPARTMENT OF HEALTH /4- fr-/ ANITA S. CURRAN, M.D.. M.P-H. Commissioner January 8, 1985 Agostino G. Paese, P.E Consulting Engineer 1 Lakeville Drive Ossining, New York 10562 <vO< RE: Sewer C e r t i f i c a t i o n Jacobsen North Tarry town (V) Dear Mr. Paese: This department hereby acknowledges the r e c e i p t of the leakage t e s t s r e s u l t s , and the e n g i n e e r ' s c e r t i f i c a t i o n of c o n s t r u c t i o n compliance f o r the above-captioned s a n i t a r y sewer e x t e n s i o n . A review of the information submitted by you under l e t t e r dated December 2 1 , 1985, i n d i c a t e s t h a t t h e s a n i t a r y sewer t e s t e d as i n d i c a t e d by t h e leakage t e s t r e s u l t s submitted complies with the terms and c o n d i t i o n s of t h e approval of plans i s s u e d by t h i s department. Sincerely c c : .HBuilding I n s p e c t o r SCA File County Office Building 2 • Daniel J . tfonahue, P . E . Associate Engineer ( P u b l i c Health) Bureau of Environmental Q u a l i t y 112 East Post Road. White Plains, New York 10601 �Anthony 6. Pi«arri,P.E. Consulting Engineer 190 Locust Avenue Peekskill.N.Y. 10566 (914) 739-6580 December 29f 1985 re: Jacobsen Sewer Relocation Mr. Jim Margotta Building Inspector Village of North Tarrytown 28 Beekman Avenue North Tarrytown, N.Y. 10691 Dear Mr. Margotta, Enclosed please -find an invoice and voucher -for the inspection of the above referenced project. Please be advised that during the month of December, 1985, I made a total of six (6) inspections of the sewer and drainage line relocations. By copy of this letter, I am certifying to you that the construction was done essentially according to the plans and specifications on file in your office. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Planning Board Minutes & Resolutions-1985 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_PLAN_1985-10-10 Subject The topic of the resource Planning Board Minutes & Resolutions-1985 Date A point or period of time associated with an event in the lifecycle of the resource 1985