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                  <text>3
MINUTES OF A PUBLIC MEETING OF THE

#V

PLANNING BOARD HELD ON DECEMBER 14. 1978

A public meeting of the Planning Board of the Village of
North Tarrytown was called to order by Chairperson Janet Gandolfo
at 8 P.M. on December 14, 1978 at the Municipal Building, Beekman
Avenue.
Present:

Janet Gandolfo, Chairperson
Anthony Gasparovic
Roman Windas
Demetrious Caraley
Francis Caro
Robert Ponzini, Village
Attorney
Victor Page, Building
Inspector

The first order of business was a discussion of a recommendation
by the Planning Board to the Board of Trustees for the rezoning of Clinton
Street from residential (R-5) to General Commercial (C-2). Miss Gandolfo
• * tated to the Board that a questionnaire had been sent to property owners
located on Clinton Street asking whether they would be in favor of rezoning
the street. Only eight owners responded but all eight were in favor of
rezoning.
Walter Gregory, a Clinton Street property owner, spoke in favor
of the rezoning. He told the Board that he would like to build a repair
shop for cars on the street. Mr. Caraley reminded the Board that the
Board was voting on whether to make a recommendation for an entire area
and that we were not voting on specific property. Mr. Gregory stated that
it was his opinion that property values on Clinton Street would go up if
the zoning were changed.
Richard Brophy, another Clinton Street property owner, also
spoke in favor of the rezoning, stating that "rezoning would certainly
improve conditions immeasureably." Mr. Brophy asked the Board if taxes
would go up as the value of his property increased. Mr. Ponzini stated
that he did not think taxes would go up as long as the use of the property
remained the aarae. Mr. Page informed the Board that he had called Robert
Wright, the village's tax assessor, who told him that a homeowner's taxes
would not increase as long as he continued to use his property for residential purposes. He said that once property was used for commercial uses,
taxes would be based on the amount of income generated by the business.
Mr. Caro expressed reservations about the change. Mr. Caro
tated that if Clinton Street were to be rezoned to commercial, Depeyster
treet and Cedar Street would be surrounded by commercially zoned roads,

n

^-*mtm i

�putting property owners on those streets in substantially the same position
hat property owners on Clinton Street are in now.
Mr. Caraley reminded the Board that the vote of the Planning
oard does not govern what the Village will do* The final decision is
up to the Board of Trustees* Mr. Gasparovic concurred in this statement
noting that the Planning Board's function is only an advisory one and
that the final consideration should be dealthwith by the Board of Trustees*
There being no further discussion* Mr* Cairo moved the question,
seconded by Mr* Caraley* The Board voted to recommend to the Board of
Trustees that Clinton Street be rezoned from Residential (R-2) to
Commercial (C-2) zoning*
The second order of business was a discussion on whether to
approve the application of Anthony Gasparovic for a subdivision of
property owned by him at Dell Street, also known on the Village tax
maps as Section 17, Block 15, Lot 15B.
Mr. Gasparovic explained to the Board that the property in
question is not situated on any road or highway* He wants to sell the
land to hig neighbors who own adjoining property* Mr* Gasparovic told
the Board that he had previously used this land for a garden*
Mr* Caro moved to vote in favor of the subdivision* Mr.
Windas seconded it* The Board voted approval of the subdivision* Mr*
Gasparovic abstained from the vote*
The last order of business was a discussion on whefaher to
prove the subdivision application made by Attorney Arnold Berman on
ehalf of his clients for a subdivision of property owned by them at
75 College Avenue, also known on the Tax Maps of the Village as Section 16,
Block 14, Lot 20* Mr* Berman was present and Miss Gandolfo asked the
Board members if they had any questions for Mr* Berman* There were no
questions* Mr. Berman stated that he had explained the subdivision to
Board members at a previous meeting for preliminary approval and he had
nothing to add that he had not mentioned before*
The vote was called and the Board voted to approve the
subdivision of Section 16, Block 14, Lot 20*
There being no further business the meeting was adjourned
at 9:30 P.M.

Respectfully submitted,

1

J&amp;H

W

Janet Gandolfo, Chairperson
Planning Board

�6 1 7 . 9 Criteria for determining what actions may have a significant effect on the
environment. An action m a y have significant effect on the environment if it can
reasonably be expected to lead to one of the following consequences:
(a) a substantial adverse change to ambient air or water quality or noise levels or in
solid waste production, drainage, erosion or flooding.
Example:

reacUvationofaheavymanufacturingplanL

(b) the removal or destruction of large quantities of vegetation or fauna, the
substantial interference with the movement of any resident or migratory fish or wildlife
species, impacts on critical habitat areas, or the substantial affecting of a r a r e or
endangered species of ani m al or plant or the habitat of such a species.
Example

: clearcuttingof a forested mountainside.

(c) the encouraging or a t t r a c t i n g of a large n u m b e r of people to a place or places for
more than a few days relative to the number of people who would come to such place
absent the action.
Exa tuple : acquisition of a large private lake for use a s a public park.

(d) the creation of a m a t e r i a l conflict with a community's existing plans or goals as
officially approved or adopted.
Example

: construction of a jail in an a r e a zoned by the local municipality
for single family residential use.

(e) the i m p a i r m e n t of the c h a r a c t e r or quality of important historical, archeological,
architectural or aesthetic resources or of existing community or neighborhood character.
Example:

(f)

Statewide

a major change in the use of either the quantity or type of energy.
Example:

(g)

demolition of a historical landmark listed in the
Invvntory of Historical and Cultural
Resources.

an agency decision to centrally air condition all its existing
public buildings.

the creation of a hazard to h u m a n health or safety.
Example

: manufacture or disposal by an agency of toxic substances,

(h) a substantial change in the use, or intensity of use of land or other natural
resources or in their capacity to support existing uses except where such a change has
been included, referred to, or implicit in a broad s t a t e m e n t prepared pursuant to section
617.2(d) of t h i s P a r t .
Exa tuple : construction of an airport.

(i) the creation of a m a t e r i a l d e m a n d for other actions which would result in one of
the above consequences.
(j) changes in two or more elements of the environment, no one of which is
substantial, but when taken together result in a material change in the environment. For
the purpose of determining whether an action will cause one of the foregoing consequences, the action shall be deemed to include other contemporaneous or subsequent
actions (1) which a r e included in any long-range comprehensive integrated plan of which
the action under consideration is a part, (2) which are likely to be undertaken as a result
thereof or (3) which a r e dependent thereon. The significance cf a likely consequence (i.e.
whether it is material, substantial, large, important, etc.) should be assessed in
connection with its setting (i.e., urban or r u r a l ) , its probability of occurring, its duration,
its irreversibility, its controlability, its geographic scope and its magnitude (i.e., degree
of change or its absolute size). Section 617.12 of this P a r t contains lists of actions which
are likely to have a significant effect on the environment and lists of actions which the
commissioner has found not to have a significant effect on the environment.

�6 1 7 . 1 0 Agency rule making, (a) All agencies shall, consistent with the provi- |
sions of Article 8 of the Environmental Conservation Law, after public hearing, adopt
and publish such additional procedures as may be necessary for the implementation by j
them of this Part. This may be accomplished by the use of uniform procedures, or
adoption by reference of procedures applicable toother agencies.
(bj Individual agencies are encouraged to develop their own criteria consistent with
section 617.9 of this Part and their own classification system whether or not in the form of \
section 617.12 of this Part to cover the particular actions engaged in, or reviewed by ,
them. Such criteria and classification systems shall be no less protective of environ- i
mental values than this Part. Individual agencies are also encouraged to develop a {
classification of actions which are ministerial actions and criteria for determining when ;
actions are or are not ministerial.
j
(c) The procedures prescribed under this P a r t shall, to the greatest extent practic- i
able, be incorporated in and integrated with existing agency procedures and variance in !
form alone shall constitute no objection thereto. Such individual agency procedures, ,!
however, shall be no less protective of environmental values, public participation, and j
agency and judicial review than the procedures set forth in this Part.
'. )}
(d) Upon the written request of any person, the commissioner shall review and
'
determine whether any action contained in an agency's own list or classification system t
similar to section 617.12 of this Part is consistent with the criteria of section 617.9 of this j
Part and the actions listed in section 617.12 of this Part. The commissioner shall give
j
written notification of the determination to such persons and the agency within 30 days of
[
receipt of a request.
X
(e) Such agency procedures shall provide for interagency working relationships in j
cases where actions typically involve more than one agency, liaison with the public, J
public notice requirements, provision for public comment, and such other procedures as
|
may be required to effect the efficient and expeditious administration of this Part. I.
Procedures for administrative review of agency decisions may also be incorporated in I
agency rules.
j
(f) All agencies shall review their present statutory authority, administrative regula- [
tions and current policies and procedures for the purpose of determining whether there f
are any deficiencies or inconsistencies therein which prohibit or impede full compliance ,
with this Part. Agencies should examine time limits or schedule for actions, hearing |
procedures, public notice provisions, standards for agency action which limit or exclude j
environmental factors, provisions for environmental data gathering, provisions for ~i
public participation in the decision making process, and procedures and methods of i
reviewing environmental impact. By January 1, 1977, agencies shall recommend or |
effect such measures as may be necessary to bring their authority and policies into j
conformity with this Part, including statutory changes, amendments to administrative I
regulations, new standard forms, revised instructions and procedural guidelines and
|
improved personnel training.
j
(g) Each agency shall maintain a file open to public inspection containing a list of all i
environmental impact statements prepared or under preparation by or at the request of '-j
suchagency.
,
'

�6 1 7 . 1 2 Lists of actions, (a) The purpose of this section ia to simplify the task of
determining whether or not a proposed action m a y have a significant effect on the
environment by identifying for agencies actions or classes of actions that a r e likely to
have a significant effect and those which will not have a significant effect. Because of
the complex and varied nature of agency actions, the lists in this section a r e not all
inclusive. The omission from the lists of an action does not mean that it is exempt from
this Part, nor does it mean that it is automatically an action requiring environmental
impact statement preparation. The criteria set forth in section 617.9 of this P a r t and
criteria included in agency procedures under section 617.10 of this P a r t shall be used to
determine significance with respect to actions not listed in this section. The following
classification system is used in this section:
(1) Type I. Actions or classes of actions that a r e likely to require preparation of
environmental impact s t a t e m e n t s because they will in almost every instance h a v e a
significant effect on the environment.
(2) Type II. Actions or classes of actions which have been determined not to h a v e
a significant effect on the environment and which do not require environmental i m p a c t
statements under this P a r t .
(b) Lists.
(Note:
This P a r t does not apply to actions by private persons where no
non-ministerial agency action is involved. The following lists a r e intended to cover only
actions of agencies or actions which must be approved, funded or otherwise acted upon
by an agency.)

TYPE I
Type I actions or classes of actions are likely to, but will not necessarily, require
preparation of environmental impact statements because they will in almost every
instance have a significant effect on the environment. The following are Type I actions
or classes of actions:
(a) Construction of new (or expansion by more than 50 percent of existing size,
square footage or usage of existing):
(1) Airports.
(2) Public institutions such as hospitals, schools and institutions of higher learning and correction facilities, major office centers.
(3) Road or highway sections (including bridges) which require an indirect
source permit under Par1203 of this TiUe (6 NYCRR Part 203).
(4) Parking facilities or other facilities with an associated parking area for 250 or
more cars only if such facility would require an indirect source permit under Part. 203
of this Title (6 NYCRR Part 203).
(5) Dams with a downstream hazard of " C " classification under Environmental
Conservation Law, section 15-0503.
(6) Stationary combustion installations operating at a total heating input exceeding 1,000 million BTU's per hour.
(7) Chemical pulp mills.
(8) Portland cement plants.
(9) Iron and steel plants.
(10) Primary aluminum ore reduction plants.
(11) Incinerators operating at a refuse charging rate exceeding 250 tons of refuse
per 24 hour day.
(12) Sulfuric acid plants.
(13) Petroleum refineries.
(14) Lime plants.
(15) Bi-product coke manufacturing plants.
(16) Storage facilities designed for or capable of storing one million or more
gallons of liquid natural gas, liquid petroleum gaa or other liquid fuel*
(17) Sulfur recovery plants.

�(18) Fuel conversion plants.
(19) Process, exhaust and/or ventilation systems enstttnf air contaminants
assigned an environmental rating of "A" under Part 303 (• HTCRK Part 212) and
whosetotalemission rate of such "A" contaminants exceeds one pound per hour.
(20) Process, exhaust and/or ventilation systems from which the total emission
rate of all air contaminants exceeds 50 tons per day.
(21) A sanitary landfill for an excess of 100,000 cubic yards per year of waste fill.
(22) Any facility, development or project which is to be directly located in one of
the following critical areas:.
(i) tidal wetlands as defined in article 25 of the Environmental Conservation
Law.
(ii) Freshwater wetlands as defined in article 24 of the Environmental Conservation Law.
(iii) flood plains as defined in article 30 of the Environmental Conservation
Law.
(iv) wild, scenic and recreational rivers areas designated in title 27 of article 15
of the Environmental Conservation Law.
(23) Any facility, development or project having an adverse impact on any
historic or prehistoric building, structure or site listed on the National Register of
Historic Places or in the Statewide Inventory of Historical and Cultural Resources.
(24) Any development, project or permanent facility of a non-agricultural use in
an agricultural district which requires a permit except those listed as Type II
actions.
(25) Any facility, development or project which would generate more than 5,000
vehicle trips per any hour or more than 25,000 vehicle trips per any eight-hour period.
(26) Any facility, development or project which would use ground or surface
water in excess of 2,000,000 gallons in any day.
(27) Any industrial facility, which has a yearly average discharge flow, based on
days of discharge, of greater than 0.5MGD.
(28) Any publicly or privately owned sewage treatment works which has an
average daily designflowof more than 0.5MGD.
(29) A residential development outside any standard metropolitan statistical
area as defined by the U.S. Census Bureau that includes 50 or more units in an
unsewered area or 250 or more units in a sewered area or within a standard
metropolitan statistical area that Includes 50 or more units in an unsewered area or
2,500 or more units in a sewered area.
(30) Lakes or other bodies of water with a water surface in excess of 200 acres.
(b) Any funding, licensing or planning activities in respect of any of the types of
construction listed in (a), above.
(c) Application of pesticides or herbicides over more than 1,500 contiguous acres.
(d) Clearcutting of 640 or more contiguous acres of forest cover or vegetation other
than crops.
(e) The proposed adoption of comprehensive land use plans, zoning ordinances,
building codes, comprehensive solid waste plans, State and regional transportation
plans, water resource basin plans, comprehensive water quality studies, area-wide
waste water treatment plans, State environmental plans, local flood plain control
plans, and the like.
(f) Commercial burial of radioactive materials requiring a permit under Part 380 of
this Title (6 NYCRR Part 380).
(g) Any action which will result in excessive or unusual noise or vibration taking
into consideration the volume, intensity, pitch, time duration and the appropriate land
uses for both the source and the recipient of such noise or vibration.
(h) Acquisition or sale by a public agency of more than 250 contiguous acres of land.
T Y P E II
Type II actions or classes of actions have been determined not to have a significant
effect on the environment and do not require environmental impact statements under
this Part. The following are Type II actions or classes of actions:
(a) Construction or alteration of a single or two-family residence and accessory
appurtenant uses or structures not in conjunction with the construction or alteration of
two or more such residences and not in on* of the critical areas described in this section
for Type I actions.

�(b) The extension of utility faculties to u r n new or altered stogie or two family
reaidenUalstnxturaatorendCTMrvkMlnapiavv^aitKMvWofM.
(c) Construction or alteration of a store, office or restaurant designed for an occu
pant load of 20 persons or less, if not In conjunction with the construction or alteration of
two or more stores, offices or restaurants and if not in one of the critical areas
described for Type I actions and the construction of utility facilities to serve such
establishments.
(d) Actions involving individual setback and lot line variances and the like.
(e) Agricultural farm management practices including construction, maintenance
and repair of farm buildings and structures and land use changes consistent with
generally accepted principles of farming.
(f) Operation, repair, maintenance or minor alteration of existing structures, land
uses and equipment.
(g) Restoration or reconstruction of a structure in whole or in part being increased
or expanded by less than 50 percent of its existing size, square footage or usage.
(h) Repaving of existing highways not involving the addition of new travel lanes.
(i) Street openings for the purpose of repair or maintenance of existing utility
facilities.
(j) Installation of traffic control devices on existing streets, roads and highways
other than multiple fixtures on long stretches.
(k) Mapping of existing roads, streets, highways, uses, ownership patterns and the
like.
(1) Regulatory activities not involving construction or changed land use relating to
one individual, business, institution or facilities such as inspections, testing, operating
certification or licensing and the like.
(m) Sales of surplus government property other than land, radioactive material,
pesticides, herbicides, or other hazardous materials.
(n) Collective bargaining activities.
(o) Operating, expense or executive budget planning, preparation and adoption not
involving new programs or major reordering of priorities.
(p) Investments by or on behalf of agencies or pension or retirement systems.
(q) Actions which are immediately necessary for the protection or preservation of
life, health, property or natural resources.
(r) Routine administration and management of agency functions not including new
programs or major reordering of priorities.
(s) Routine license and permit renewals where there is no significant change in
preexisting conditions.
it) Routine activities of educational institutions which do not include capital
construction.

�VILLAGE OF NORTH TARRYTOWN
INTERNAL MEMORANDUM
To Mayor McBride and Members of the Board of Trustees
From Janet A. Gandolfo r Planning Board
Subject , Resolutions arinpfpri hy Planning Knard

. Dcrte January 8, 1979

Enclosed please find three Resolutions adopted by the Village of
North Tarrytown Planning Board at a meeting held on December 14, 1978.

/

�%

WHEREAS, application has been made to the Village of North Tarrytown
Planning Board for the subdivision of a parcel of land owned by Anthony
Gasparovic, also known on the Tax Maps of the Village of North Tarrytown
as Section 17, Block 15, Lot 15B, and,
WHEREAS, this Board has, on December 14, 1978, conducted a public
hearing on the application to subdivide said parcel of land, and,
WHEREAS, this Board has advertised the said public hearing in the
Tarrytown .Daily News, the official publication of the Village of North
^nrrytown, and a newspaper of general circulation in the said Village of
Nortiti Tarrytown, and,
WHEREAS, this Board has duly considered all of the aspects of said
application, now therefore, be it
RESOLVED, that this Board finds as follows:
1.

That the application has been accompanied by the twenty-five ($25)

dollar application fee, and,
2.

That this Board approves the subdivision application for the

subdivision of land known on the Village Map as Section 17, Block 15,
Lot 15B.
This resolution shall take effect immediately.

fr

�S5S0LUTI0N
™

WHEREAS, the Board of Trustees of the Village of North Tarrytown,

has referred to the Planning Board of said Village the proposal whether
Clinton Street should be rezoned from Residential (R-5) to Commercial
(C-2), and to make recommendations, after discussion and a public
hearing, to the said Board of Trustees concerning the said rezoning, and,
WHEREAS, this Planning Board has advertised the said public hearing
in the Tarrytown Daily News, the official publication of the Village of
North Tarrytown, and a newspaper of general circulation in the said Village
of North Tarrytown, and,
WHEREAS, this Board has, on December 14, 1978, conducted a public
hearing on the proposal to rezone Clinton Street from Residential (R-5)

9°

Commercial (C-2) zoning, and,
WHEREAS, this Board has duly considered all of the aspects of said

proposals, now, therefore, be it
RESOLVED, that this Board finds as follows:
1.

That the property values of property located on Clinton Street

would increase if the Street were rezoned from residential to commercial, and,
2.

That owners of property located on Clinton Street have expressed

approval of said rezoning, and,
3.

That this Board approves the rezoning of Clinton Street from

Residential (R-5) to Commercial (C-2).
This resolution shall take effect immediately.

�R E S O L U T I O N
WHEREAS, application has been made to the Village of North T*rxytowa
Planning Board for the subdivision of a parcel of land located at 75 Colic
Avenue, also known on the Tax Maps of the Village of North Tarrytown as
Section 16, Block 14, Lot 20, and,
WHEREAS, this Board has, on December 14, 1978, conducted a public
hearing on the application to subdivide said parcel of land, and,
WHEREAS, this Board has advertised the said public hearing in the
Tarrytown Daily News, the official publication of the Village of North
Tarry town, and a newspaper of general circulation in the said Village
of North Tarrytown, and,
WHEREAS, this Board has duly considered all of the aspects of said
application, now therefore, be it
RESOLVED, that this Board finds as follows:

1. That the application has been accompanied by the twenty-five ($25
dollar application fee, and,
2.

That this Board approves the application for the subdivision of

land known on the Tax Map of the Village of North Tarrytown as Section 16,
Block 14, Lot 20.
This resolution shall take effect immediately.

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