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                  <text>February 9, 1984

Planning Board Public Hearing

Present:

Chairman Mr.
Mr.
Dr.
Mr.

J. Galgano
Roman Windas
Prank Fey
S. Salman
J. Ruscigno

Attorney - A. Brady
Building Insp. - J. Biros

Chairman Galgano called the meeting to order at 8:15 P.M. He then read the
Public Notice of tonight's hearing to all present. This hearing was to review an
application of Mr. Thomas Kennedy for a proposed subdivision of property owned by
George and Audrey Runtz located at the intersection of Bellwood and Farrington
Avenues in North Tarry town, N.Y.
Mr. Kennedy was asked if he would like to address the Board and explain his
possible building plans. Mr. Kennedy said should the subdivision be granted, he
would have 27,000 sq. ft. available and would like to build two one-family houses
on the aforementioned property. His purchase of said property from Mr. &amp; Mrs. Kuntz
would depend upon the Planning Board's decision.
Mr. Kennedy showed the possible building plans to Board members. It was noted
that the side and front yard setback requirements met regulations as set forth in
the Zoning Board regulations. But it was noted that the backyard showed a distance
of 18 ft. between the back of the house and the proj&amp;ety lines, where a 25 ft. distance is required. Mr. Windas said this would be an issue for the Zoning Board, as
it appeared and variance would be needed. He also noted that the Planning Board
cannot make a non-complying agreement.
Dr. Salman noted that other building plans had been redesigned to fit the 25'
backyard setback requirement.
Chairman Galgano said he felt the property could be sub-divided, and that the
Zoning Board would vote on whether or not to grant the variance.
It was then noted that the Planning Board regulations say to follow the guidelines as found in the Zoning Board code, Section 62-24, which state that the average
setback distance for the rear of a property can not be less than half the required
distance. In this case the required distance is 25 ft. thus 12% ft., half the
required distance; would be satisfied by Mr. Kennedy's plans showing 18 ft. in the
back.
Mr. Windas reconmended that the Planning Board move on to the next stage of
subdividing property.
Chairman Galgano felt that due to lack of information on rear yard setback
requirements, another public hearing would be in the Board's best interest.
A motion to move the hearing to a second state was made by Dr. Salman, seconded by Mr. Windas, and was carried by a unanimous vote.

&amp;

�- 2 -

Building Inspector Biros did note that Mr. Kennedy cannot offer a non-conforming subdivision of property.
Chairman Galgano said all parties will be informed by mail of the second stage
hearing as soon as a date is established.
Chairman Galgano told involved parties that all property owners within 200 ft.
of the property being discussed must be notified by registered mail of the request
for subdividing the Kuntz property. Article III states "the owner of any land
proposed to be sub-divided shall apply for and secure approval of such subdibision
prior to entering into any contract for the sale of any part thereof, and prior to
applying for subdivision".
Chairman Galgano said there could be no further business until such information is obtained and a second stage hearing held.
Dr. Salman then moved to
close tonight's hearing, which was seconded by Mr. Fey, and the motion was carried
by a unanimous vote. Chairman Galgano dismissed the meeting at 8:50 P.M.
Respectfully submitted,
Linda Fukuchi

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