https://sleepyhollow.localarchives.org/files/original/56a53eb95c3a5fcefc32f178fa152bd9.pdf fa90d1842838328cb257fffccfdf6a03 PDF Text Text I Ilk., IVW"''^ PUBLIC HEARINGS NORTH TARRYTOWN, N.Y. July 17, 1981 S??L A regular meeting was held before the Board of Trustees of the Village of North Tarrytown on the above date. Present Philip E. Zegarelli, Mayor James J. Timmings Peter Soriano Thomas J. Cavalieri Mario DiFelice Margaret White, Trustees / Robert J. Ponzini, Counsel Absent \ Janet Gandolfo, Trustee Mayor Zegarelli called the meeting to order at 8:00 P.M. and stated that a member of the recreation commission, Eva Piedemonte, has requested to address the Board and asked if the members would like to hold the meeting in the court room or after hearing Miss Piedemonte return to the Board room. Trustee Soriano moved, seconded by Trustee White that the Board meet in the court room to hear Miss Piedemonte. Carried. It was the consensus of the Board members to return to the Board room Miss Piedemonte read a lengthy statement clarifying the function of the Recreation Commission, as well as several statements made in the newspaper. She stated that the commission's position on recent recreation equipment which was purchased as well as the closing of the Clinton Street playground. Mayor Zegarelli described the function of the recreation committee of the Board and stated that Village law states that the Mayor and Board of Trustees have full authority and responsibility for expenditure of funds Anything that the commission does is subject to approval of the Board of Trustees, said the Mayor, The financial responsibility stays with the Board of Trustees, said the Mayor. The commission should be advisory. In view of statements being made against a member of the Board, Trustee DiFelice proceeded to move that discussion of this matter be tabled since the Trustee was absent, however, there was no second. Trustee Soriano stated that the Commission powers are broad, powers belong to the Board of Trustees, he said. Final Trustee Timmings stated that he was one who was opposed to the Recreation Commission when the question arose a couple of years' ago to abolish it, however, when it was not, he supported it to the best of his ability. .¥ Mrs. Jennifer Dolan, member of the Commission, stated that after a decision has been made by the Commission, theyifind that an official |.j l« h �10% -2would over-ride their decision. Mayor Zegarelli stated that a meeting will be held with the Commis. and Board to discuss this matter, however, he requested a report for th August 3rd meeting. Trustee Soriano moved to return upstairs to the Board room, second by Trustee White. Carried, Trustee White moved, seconded by Trustee Soriano that the minutes of the July 3, 1981 meeting be approved as written, with a minor correc Carried. Mayor Zegarelli read the notice of hearing to amend Local Law #8 of 1980-Street Openings and Excavations to delete the terms Building Inspector or Supt. of Highways and to include the title of Supt. of Pu Works and asked if there was anyone present who would like to address t Board. No one appearing for or against, Trustee Cavalieri moved, seconded by Trustee White that the hearing be closed. Carried. Mayor Zegarelli read the notice of hearing regarding a proposed Local Law which provides for flood insurance in the Village, and asked if there was anyone present who would like to address the Board. o No one appearing for or against the hearing, Trustee Cavalieri moved, seconded by Trustee Soriano that the hearing be closed. Carried, Mayor Zegarelli asked if there was anyone present who would like t address the Board on any other matter. Dr. Elio Ippolito, President of the Sleepy Hollow Manor Taxpayers Association, requested that the Board go out for bid on the dredging of Fremond Pond. Mayor Zegarelli stated that Trustee Gandolfo had informed him thaj 19 of the 20 signatures of parties in interest have been received. Mr, Jack Gorman, special attorney, stated that we will have to the consent from the Rahmani Family and Rahmani Construction, as well a the school district. Mr, Gorman inquired if there would be any problem with work being done on the basis of Monday-Saturday, 8 A.M. - 4:30 P.M. Dr. Ippolito suggested Monday-Friday, however, Mayor Zegarelli stated that the contractor would have additional costs imposed upon hii if there is a lack of use of his equipment, after which Dr. Ippolito stated that he was sure there would be no problem with the Monday-Satur schedule. Trustee Timmings moved that bids be accepted on the dredging of Fremont Pond, subject to unanimous acceptance of the hold harmless clause, returnable on Tuesday, September 8, 1981-cost to come from the previous bond resolution, seconded by Trustee Soriano. Carried. Trustee Soriano moved, seconded by Trustee Cavalieri that bids be accepted for the sale of the material being removed from the pond on September 8, 1981. Carried. �- II -3- \ /ay i Mr. Jtichard Ayers, Merchant, 84 Beekman Avenue, stated that the increase*^ $5 for parking fines will hurt the business on Beekman Avenue and urged that parking be made available on the Strand Theater property. | ?/-? Trustee Soriano stated that the intent of the Board was not to Dunish anyone but to help move traffic. Trustee Cavalieri stated that several years' ago a .t MU iilrnt was placed before the people to purchase a lot on Pocantico Street for parking, but it was voted down. Trustee DiFelice stated that only 12 parking spaces could be installed on the Strand Theater. There was no way that 28 cars could be parked according to the chart submitted by Mr. Ayers, said Trustee DiFelice. / Trustee White stated that a meeting has been scheduled for July 23rd to discuss parking. Ms. Maureen Brown, 0'Sullivan Travel Agency, stated that she is losing business because of the one hour parking. Trustee Timmings stated that it was discussed of having 2-3 hour meters, however, there was no interest in the Village. He stated that if there is support for it, he would go along with it. The owner of the hairdresser salon on Cortlandt and Beekman Avenue inquired if a special pass could be placed on car windows of her customers.' Mayor Zegarelli stated that he did not know of any legal way, however, the Board will check into the matter. Trustee DiFelice was directed to obtain estimates on meter heads for 2-3 hour parking. Mrs. J. Dolan requested that the dumping in Bamhart Park be stopped. The matter was referred to Trustee Soriano and John Biros. REPORTS OF COMMITTEES BUILDINGS & GROUNDS Trustee Cavalieri reported all buildings in good condition, except for a minor water leak in the tower of the building which is being investigated. FINANCE & DEVELOPMENT Trustee Timmings reported in the absence of Trustee Gandolfo, a cash balance of $161,589.04 in the General Fund as of July 20, 1981. GOVERNMENTAL RELATIONS Trustee White . reported previously of a meeting with the Traffic & Transportation Committee to be held on July 23rd. i ' �-4LABOR RELATIONS Trustee Timmings stated that the committee met to discuss former employee John Quartucio's grievance for payment of school tuition and moved that the committee be authorized to send a letter to Mr, Quartuc denying his request for reimbursement, seconded by Trustee Cavalieri. Carried. Trustee Timmings stated that he is in receipt of grievances from George Helwig for failure to get his requested vacation and Michael Smutek for out-of-title pay which will be discussed at a committee meei PUBLIC SAFETY I Trustee DiFelice moved that specifications be prepared and bids be accepted for meter maintenance for nine months Sept. 1, 1981 - Hay] 1982 returnable August 17, seconded by Trustee Soriano. Carried. Trustee DiFelice stated that in connection with our receiving services of the Town of Mt. Pleasant Dog Warden, we have to establish whether or not the warden is a peace officer. The matter was referred to Village Counsel. Trustee DiFelice stated that John Biros will have the spaces on Riverside Drive marked off. Trustee DiFelice stated that ten police officers, including the Chief, were called to the County jail because of a disturbance on July 10th. The men were there from 5 P.M. - 12 midnight. Trustee DiFelice moved, seconded by Trustee Timmings that the Treasurer be authorized to send a bill to the Westchester County Public Safety Division for the time our officers remained at the prison, seconi by Trustee Timmings. j Trustee DiFelice stated that Fire Patrol and Columbia Hose Compan answered the call also. Trustee Cavalieri inquired as to why we sent ten men when other municipalities sent two or three. He stated that 50% of our police forci was over there. When they come back to serve our Village, they are lesi effective in protecting our residents, said Trustee Cavalieri. Trustee DiFelice stated that under mutual aid, not less than 10% would report, however, there is no maximum amount. Mayor Zegarelli stated that we are in zone 3. initial call was for North Tarrytown to stand by. The original or Trustee Cavalieri questioned as to whether or not the firemen woul be covered if anyone got shot. He stated that he considered this a police action and not a fire action. Mayor Zegarelli stated that the orders came under the County level and und er the mutual agreement the officers reported. I �-*•«-*»*, /*€> -5- *?T?T Following a short discussion, Mayor Zegarelli directed Counsel to write a letter to the County Attorney for an opinion if in cases of this nature would our people be covered by insurance. \?tL Motion carried. Trustee DiFelice stated that on July 6th, an informational hearing was held with surrounding owners of property adjacent to the Pocantico River. Almost all property owners brought their deeds whicl^the Building Inspector is reviewing to establish property lines. Trustee DiFelice stated that he is in receipt of a letter from Mr. Robert Klami, President of the P.M.I.A.regarding stop signs in several areas of Philipse Manor which were installed illegally and stated that he will refer this to the Chief of Police. Trustee DiFelice stated that the phone booth in front of 78 Beekman Avenue is becoming a hangout and the booth is taking up a parking space. It is also being vandalized, he said. / > *' ' Following a short discussion, Trustee DiFelice moved, seconded by Trustee Soriano that a letter be written to the telephone company to relocate the phone booth. Carried. Trustee DiFelice stated that he has received complaints from residents of Dell Street regarding speeders and trailers parked on the Headless Horseman Bridge. He stated that dead-end signs and no trespassing, signs have been posted. A meeting' has been scheduled this Thursday with the Chief of Police to discuss other complaints received, said Trustee DiFelice, Trustee DiFelice stated that the unmarked car has arrived and is in service. The radio has to be installed in the marked car after which it will be placed in service. PUBLIC WORKS _-.-v.- -;.-.;:_, : \ . ^ :. T r u s t e e Soriano gave t h e following r e p o r t : Water & Sewer: ' ~ .- i- v. The department rebuilt the cemetery manhole on Old Broadway and repaired the broken sanitary line on North Street and cave-in over sanitary sewer line on Fremont Road. Balance in water and sewer account as of July 20th is $37,124.21. Highway: The department replaced the sidewalk at 280 No. Broadway, 17 Kendall Ave., 25 Cedar St. and replaced the curb on Valley St. Catch basin at the northeast corner of Chestnut and Washington Streets was rebuilt. The area along the fence in Barnhart Park was trenched for the placing of hemlocks. Irving Place was blacktopped.and yellow lines were painted by the Town on County House Road. Sanitation: Trustee Soriano stated that David Cappello has completed his probationary period and moved that he be placed on permanent basis effective immediately at the same annual salary, to include the $500 which was withheld during his probationary period, seconded by Trustee White. Carried. tiv :ff <.!;• w f f« I' �A -6Trustee Soriano moved that Kim Berry be appointed Sanitation Man effective July 24, 1981, at a salary of $15,581, less $500 until he has completed his six months probationary period, seconded by Trustee White. Carried. Trustee Soriano stated that John Baglieri walked off his route on July 10th and has not come in or called in for work. On July 17th he came in to pick up his last check and turned in his uniform, Trustee Soriano moved, seconded by Trustee Timmings that the Clerk post the vacancy for sanitation man. Carried. Mayor Zegarelli stated that when a person resigns, it should be ii writing. The matter was referred to the public works committee. Trustee Soriano read a report from Building Inspector, Victor Page regarding approval of his inspection of the playground equipment which was installed in Barnhart Park. by E. Piedemonte, Trustee Soriano read a copy of letter sent/to Steve Vincek, John Vincek, John Margotta, Charles Anniccharico and John Johnson commending them for the good job they performed in the installation of the playgr equipment. Trustee Soriano moved, seconded by Trustee Timmings that copies be placed in their folders. Carried. RECREATION In the absence of Trustee Gandolfo, Trustee Timmings gave the following report: The Day Camp and Tot Camp are in session and doing excellent. 250 children are participating. A rock concert has been scheduled at the Morse School this week ai a jazz concert next Thursday. On July 11th a homerun game and $132 was collected Sr. Kevin of Rosary Hill in defeated the Tarrytown team until next year. 1 M derby was sponsored before the Men's All-St for Rosary Hill. A letter was received frou appreciation. The North Tarrytown team and the trophy will remain in Village Hall A fence has been installed at Barnhart Park to block off the dump site. Mr. DeCarvalho planted 19 hemlock trees in the Park also. The stone wall at the back of the park will be repaired and benches and pici tables will be installed by the department. The Third Annual Frank Rigotty Women's Softball game will be held at Memorial Field on July 25th to which everyone is invited. The Tarrytown & North Tarrytown Recreation Departments are sponsor: a General Motors Men's Softball League. t, i <$ 11 . i ~4 �TfW^T-i -7- / ^ SENIOR CITIZENS ?rji Trustee White stated that a picnic was held at Kingsland Point last Wednesday. The citizens will be taking a trip to Pamona on August 4tr and Hunter on August 12th. No meetings will be held during the summer, she said. TAX EXEMPT & ASSESSMENT Trustee Timmings reported "progress". Trustee Cavalieri noted a response from the Sleepy Hollow Cemetery that they are not responsible for any bills in connection with work done along the Pocantico River. / Trustee Cavalieri moved that the Board review the law to ascertain whether or not the cemetery can be charged for fire and police protection since they do not pay any taxes, seconded by Trustee DiFelice. Carried. Counsel was instructed to review the matter of the cemetery's refusal to pay for expenses incurred in the amount of $2,000 to remove their sediment from the Pocantico River by the Village. MAYOR'S REPORT: Mayor Zegarelli stated that a letter has been received from Columbia Hose Company requesting that the Village pay one-half the amount of $3856 for repairs on Columbia's apparatus and the balance be paid upon completior of the work. Following a discussion, Trus^e CayaJLieri moved, seconded by Trustee White that half the total billow" " everts greater, be paid to Quirk Motors, from Capital Fund. Carried, Trustee Cavalieri moved that the Mayor be authorized to sign the contract with R. Turnquist, architect, for the new construction work on the Village garage, seconded by Trustee Soriano. Carried. Trustee White moved, seconded by Trustee Soriano that the Mayor be authorized to sign the contract with R. Turnquist, architect for the rehabilitation of the existing sewage treatment plant. Carried. Mayor Zegarelli stated that he is in receipt of a copy of a letter to Counsel from Counsel Robert Marinelli, Industrial Board of Appeals, Dept. of Labor, acknowledging receipt of a petition filed by the Village. The matter will be scheduled for a hearing. This is in regard to reported violations in our Village garage. Mayor Zegarelli stated that our application to the Dept. of Environmental Conservation for funds has been approved. A report from the CSEA regarding working conditions at the garage have been referred to the Board as a committee. Mayor Zegarelli stated that he is in receipt of a letter from Assemblyman Peter Sullivan who is checking on the certification of the incorporation of Search for Change. i< • i 1 V. ?>! /," �r l U E ' " ii^Mttfr*tlint'rAliirir[,inTTrrTttii-rttrri /•I i - r • - " ••• -"•! — i - i • 111 - i •-• n r " - i . i *-1-«f«iiii-M»-JTi i - i n< nrt't*i»iHi»u uii.i i jiitfffiituwriiimuu lwi»Wrtii«i»m.uri»WirMTi'ttiMi f t t ' r i f f f i r ^ r m - ' i f f i r i l T m i i . ,,-TH tatnwntiftrtn-i, .r^ttfir* *#»*****.** I ' I I •|i|iini>1 iill'fi i i ' •' i- i HIIIIIIMM -8- Mayor Zegarelli stated that he received a call from the Secretary HUD, Mr. Pierce, who received his letter and is investigating the back ground of the application for Federal funding for Search for Change. He stated that he saw no reason why we should meet with the representative from CRISP at this time. Trustee Cavalieri moved, seconded by Trustee Soriano that the Mayor's action be confirmed. Carried. COMMUNICATIONS Communication from William Reid, 279 No. Washington Street, reque sidewalk repairs was read and referred to the Public Works committee. Communication from Donna Laurino, Gordon Avenue, complaining abou the insufficient parking spaces at the Philipse Manor station was read and referred to the police committee. Communication from Mrs. A. Runyon, Village Historian, thanking the Board for|the recognition of Village Historian was read. (Mrs. Runyon was unable to be present this evening to receive a certificate of award * UNFINISHED BUSINESS With regard to the hearing on the proposed Local Law #3 of 1981 to amend Local Law #8 of 1979, Trustee Soriano moved, seconded by Trustee White that the following be adopted according to normal procedure: LOCAL LAW*#5* of 1981 which amends Local Law #8 of 1979 of the Vill of North Tarrytown, Chapter 50, Article II entitled "Street Openings an Excavations as follows: In each and every instance that the terms Building Inspector or Superintendent of Highways are included therein, said terms shall be deleted and in their place the job title of Superintendent of Public Works shall be inserted. This Local Law shall take effect in the time provided for by law. During the previous discussion, Trustee DiFelice requested that t correction be made by hand in the General Code book so that the extra expense of printing can be avoided, however, on advice of Counsel, it was proposed that the correction be made through General Code publisher Motion carried while Trustee DiFelice voted no. With regard to the second hearing regarding flood insurance, Trustee Timmings moved, seconded by Trustee White that the following Local Law #4 of 1981 be adopted: (In detail official minutes) <>! I f ~» » �// C -9- Trustee Soriano stated that during rainstorms on route 9, there is flooding in the area of the fountain which the State is claiming that this was not in their jurisdiction, however, he stated that in speaking with an engineer, he has been told that it is the State's responsibility. The matter was referred to John Biros to contact the State to correct the matter. Trustee Soriano stated that the committee met to discuss the road paving work and it was their recommendation to go along with the whole program as submitted by Mr. Paese. During a discussion, the matter was referred to the Board to meet and discuss in detail the roads which will be resurfaced. Trustee Soriano reported on an incident that happened at 100 College Avenue the other day and inquired if the Village had any authority in requesting the owner to provide a master key to the apartments in the event of an emergency. Counsel stated that he did not know if the Village had the right to request this since it is a private dwelling. It is the responsibility of management to maintain a key with the Superintendent. Mayor Zegarelli stated that a letter can be sent to the owner apprising him of the situation that occurred and ask him to do something about it. Counsel stated that the closing on Strand Theater will be held shortly and a resolution was necessary authorizing the Mayor to sign the agreement. Trustee Timmings moved, seconded by Trustee White that the Mayor of the Village of North Tarrytown be authorized to sign the agreement for the purchase of the Strand Theater from the Town of Mt. Pleasant with said agreement indicating the terms of consideration and the method of payment upon approval of Counsel. Carried, Trustee White moved, seconded by Trustee Timmings that the bills submitted on the General Fund and Water & Sewer warrants dated July 20, 1981 be paid after approval by department heads and that the Treasurer be authorized to pay same and that a copy of this resolution be attached to the warrants. Carried. There be no further business to come before the meeting, Trustee DiFelice moved, seconded by Trustee White that the same be duly, adjourned Carried. Respectfully submitted, tUt djL*L*L*6~~<.'4L~*Usd 'ilomena Fallacaro Clerk �|H PUBLIC NOTICE VILLAGE OF NORTH TARKYTOWN The Board of Trustees of the V i l l a g e of North Tarrytown a t a regular meeting assembled and a f t e r p u b l i s h e d n o t i c e and p u b l i c hearing do hereby ordain and enact Local Law #5 of 1981 which provides for flood insurance i n the V i l l a g e of North Tarrytown. I t i s the purpose of t h i s l o c a l law t o promote t h e public h e a l t h , safety, and general welfare, and 1. to minimize public and p r i v a t e l o s s e s due t o flood ^conditions i n s p e c i f i c areas by provisions design t o protect human l i f e and h e a l t h ; 2. t o minimize expenditure of public money for costly flood control p r o j e c t s ; 3 . to minimize the need for r e s c u e and r e l i e f e f f o r t s associated with flooding and generally undertaken at the expense of the general p u b l i c ; 4. t o minimize prolong business i n t e r r u p t i o n s ; 5. to minimize damage to public f a c i l i t i e s and u t i l i z e such as water and gas mains, electric telephone and sewer l i n e s , s t r e e t s and bridges located in areas of special flood hazar 6. t o help maintain a s t a b l e tax base by providing for the second use and development of a r e a s of special flood hazard so as t o minimize future flood b l i g h t a r e a s ; 7. to i n s u r e t h a t p o t e n t i a l buyers are n o t i f i e d that property i s in an area of s p e c i a l flood hauzard, and 8. to insure that those who occupy the area of special flood hazard assume r e s p o n s i b i l i t y for t h e i r a c t i o n s . In order to accomplish i t s purpose, the proposed l o c a l law includes methods and p r o v i s i o n s for: a. r e s t r i c t i n g or p r o h i b i t i n g uses which a r e dangerous t o h e a l t h , safetj and property due to water or .erosion hazards, or which r e s u l t in damaging increases in erosion or in flood h e i g h t s or v e l o c i t i e s ; b . r e q u i r i n g t h a t uses vulnerable t o floods, including f a c i l i t i e s for several such u s e s , be protected against flood damage a t the to of i n i t i a l construction; c. conn-oil Inathe a l t e r a t i o n of n a t u r a l flood p l a i n s , storm channels, and n a t u r a l p r o t e c t i v e b a r r i e r s , which help accomodate or channel flood waters d. c o n t r o l l i n g f i l l i n g , grading, dredging, and other development which may increase fl damage and; e. prevent or r e g u l a t i n g the construction of flood b a r r i e r s which w i l l u n n a t u r a l l y divert flood water or which may increase flood hazards i n other areas. Copies of the t e x t of t h i s l o c a l law a r e a v a i l a b l e for inspection during regular business hours in the Office of the Village Clerk, 28 Beekman Avenue, North Tarrytown, This Local Law s h a l l take effect within the time prescribed by law. By Order of the Board of Trustees Adopted: July 20, 1981 Filomena Fallacaro Village Clerk �",VTV*»"T / / * , •'! 'W VILLAGE OF NORTH TARRYTOWN LOCAL LAW - # ^ OF 1981 i • * if Statutory Authorization, Findings of Fact, Purpose and Objectives 1.1 STATUTORY AUTHORIZATION The Legislature of the State of New York has in its statutes delegated the responsibility to local governmental units to adopt regulations designed to promote the public health, safety and general welfare of its citizenry. Therefore, the Board of Trustees of the Village of North Tarrytown of the State of New York does ordain as follows: 1.2 / *: FINDINGS OF FACT (1) The flood hazard a r e a s of the Village of North Tarrytown a r e subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare. (2) These flood losses are caused by the cumulative effect of obstructions in a r e a s of special flood hazards which increase flood heights and velocities, and when inadequately anchored, damage uses in other a r e a s . Uses that a r e inadequately floodproofed, elevated or otherwise protected from flood damage also contribute to the flood loss. 1.3 STATEMENT OF PURPOSE It is the purpose of this Local Law to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed: (1) To protect human life and health; (2) To minimize expenditure of public money for costly flood control projects; fl *« ! % (3) To minimize the need for rescue and relief efforts associated with flooding, and generally undertaken at the expense of the general public; -1- w;:,. n �(4) To minimize prolonged business interruptions; (5) To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special floodhazards; (6) To help maintain a stable tax base by providing for the second use and development of areas of special flood hazard so as to minimize future flood!blight areas; (7) To insure that potential buyers are notified that property is in an area of special flood hazard;rand, (8) To ensure that those who occupy the areas of special flood hazard assume responsibility for their actions. 1.4 METHODS OF REDUCING FLOOD LOSSES In order to accomplish its purposes, this local law includes methods and provisions for: (1) Restricting or prohibiting uses which a r e dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities; (2) Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; (3) Controlling the alteration of natural flood plains, stream channels, and natural protective b a r r i e r s , which help accommodate or channel flood waters; (4) Controlling filling, grading, dredging, and other development which may increase flood damage; and (5) Preventing or regulating the construction of flood b a r r i e r s which will unnaturally divert flood waters or which may increase flood hazards in other areas. -2- �\ ^ ftjl SECTION 2.0 DEFINITIONS Unless specifically defined below, words or phrases used in this local law shall be interpreted so as to give them the meaning they have in common usage and to give this local law its most reasonable application. "Appeal" means a request for a review of the Superintendent of Public Works 1 interpretation of any provision of this local law or a request for a variance. The superintendent of Public Works shall be deemed the local administrator for administration and enforcement of this local law. The Village of North Tarrytown may however, from time to time delegate by resolution this authority to another agent or representative for efficiency, economy or in those instances which best serve the taxpayers and residents of the municipality. / "Area of special flood hazard" means the land in the flood plain within a community subject to a one percent or greater chance of flooding in any given year. "Base flood" means the flood having a one percent chance of being equalled or exceeded in any given year. 'Development" means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations located within the area of special flood hazard. M. "Existing mobile home park or mobile home subdivision" means a parcel (or contiguous parcels) of land divided into two or more mobile home lots for rent or sale for which the construction of facilities for servicing the lot on which the: mobile home is to be affixed ( including, at a minimum, the installation of utilities, either final site grading or the pouring of concrete pads, and the construction of streets ) is completed before the effective date of this local law. itf ' ' .r „.i-l' ' "Expansion to an existing mobile home park or mobile home subdivision" means the preparation of additional sites by the construction of facilities for servicing the lots on which the mobile homes a r e to be affixed (including the installation utilities, either final site grading or pouring of concrete or the construction of streets). „ .-/ r„ •V* • * ' '['•:,! I i "^f^A ti'' �"Flood" or "flooding" means a general and temporary condition of partial or complete inundation of normally dry land areas from: (1) The overflow of inland tidal waters and/or (2) The unusual and rapid accumulation or runoff of surface waters from any source. "Flood Insurance Rate Map" (FIRM) means the official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community. "Flood Insurance Study" means the official report provided in which the Federal Insurance Administration has provided flood profiles, as well as the Flood Insurance Rate Maps and the water surface elevation of the base flood. "Habitable floor" means any floor useable for living purposes, which include working, sleeping, eating, cooking or recreation, or a combination thereof. A floor used only for storage purposes is not a "habitable floor. " "Mobile home" means a structure that is transportable in one or more sections, built on a permanent chassis, and designed to be used with or without a permanent foundation when connected to the required utilities. It does not include recreational vehicles or travel t r a i l e r s . "New construction" means structures for which the "start of construction" commenced on or after the effective date of this l:ocal law. "New mobile home park or mobile home subdivision" means a parcel (or contiguous parcels) of land divided into two or more mobile home lots for rent or sale for which the construction of facilities for servicing the lot (including, at a minimum, the installation of utilities, either final site grading or the pouring of concrete pads, and the construction of streets) is completed on or after the effective date of this local law. -4- -**^c * s �"Start of construction" means the first placement of permanent construction of a structure (other than a mobile home) on a site, such as the pouring of slabs or footings or any work beyond the stage of excavation. Permanent construction does, not include land preparation, such as clearing, grading, and filling, nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, p i e r s , or foundations or the erection of temporary forms; nor does it include the installation on property of accessory buildings, such as garages or sheds not occupied as dwelling units or not as part of the main structure. For a structure (other than a mobile home) without a basement or poured footings, the "start of construction" includes the first permanent framing or assembly of the structure or any part therof on its piling or foundation. For mobile homes not within a mobile home park or mobile home subdivision, "start of construction" means the affixing of the mobile home to its permanent site. For mobile homes within mobile home parks or mobile home subdivisions, "start of construction" is the date on which the construction of facilities for servicing the site on which the mobile home is to be affixed (including, at a minimum, the construction of streets, either final site grading or the pouring of concrete pads, and installation of utilities) is completed. "Structure" means a walled and roofed building, a mobile home, or a gas or liquid storage tank, that is principally above ground. "Substantial improvement" me ans any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either: (1) before the improvement or repair is started, or (2) if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition "substantial improvement" is considered to occur when the first al teration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not r however, include either: (I) any project for improvement of a structure to comply with existing State or local health, sanitary, or safety code specifications which are solely necessary to assure .safe living conditions, or -5- \ �(2) any alteration of a structure listed on the National Register of Historic P l a c e s or a State Inventory of Historic Places. ' "Variance" means a grant of relief from the requirements of this local law which permits construction in a manner that would otherwise be prohibited by this local law. SECTION 3.0 GENERAL PROVISIONS 3.1 LANDS TO WHICH THIS LOCAL LAW . - APPLIES This local law shall apply to all areas of special flood hazards within the jurisdiction of the Village of North Tarrytown. 3. 2 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD The areas of special flood hazard identified by the Federal Insurance Administration in a scientific and engineering report entitled "The Flood Insurance Study for the Village of North Tarrytown dated August 17, 1981, with accompanying Flood Insurance Rate Maps is hereby adopted by reference and declared to be a part of this local law. The Flood Insurance Study is on file at the Municipal Building, 28 Beekman Avenue, North Tarrytown, New York. 3.3 PENALTIES FOR NONCOMPLIANCE No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this local law and other applicable regulations. Violation of the provisions of this local law by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Any person who violates this local law or fails to comply with any of its requirements shall upou conviction thereof be fined not more than $100. 00 per day for each day this local law is violated, or imprisoned for not more than 60 days, or both, for each violation, and in addition shall pay all costs and expenses involved in the case. Nothing herein contained shall prevent the Village of North Tarrytown from taking such other lawful action as is necessary to prevent or remedy any violation. -6- �^ //y /??JI 3.4 ABROGATION AND GREATER RESTRICTIONS This local law is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this local law and another local law easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. 3.5 INTERPRETATION / In the interpretation and application of this local law, all provisions shall be: ( •* (1) Considered as minimum requirements; (2) Liberally construed in favor of the governing body; and, (3) Deemed neither to limit nor repeal any other powers granted under State statutes. 3.6 WARNING AND DISCLAIMER OF LIABILITY The degree of flood protection required by this local law is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on r a r e occasions. Flood heights may be increased by man-made or natural causes. This local law does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This local law shall not create liability on the part of the Village of North Tarrytown, any officer or employee thereof or the Federal Insurance Administration, for any flood damages that result from reliance on this local law or any administrative decision lawfully made thereunder. SECTION 4.0 ADMINISTRATION 4.1 ESTABLISHMENT OF DEVELOPMENT PERMIT A Development Permit shall be obtained before construction or development begins within any area of special flood hazard established in Section 3.2. Application for a Development Permit shall be made on forms furnished by the Superintendant of Public # . -7- <H m :i i .1 ' �««> (.nMM^vtw*^ H W « ^ u ^ ^ M w « i M M # w^*.w.wu*-***»ift>n.#>«»i^^M^<*i<iiMM>WMMw^^ mmi(imumnt'tmtmmaiWmaiwiimmmmM*.'I \>tiui\iima*s»M0UH Works and may include, but not be limited to; plans in duplicate drawn to scale showing the nature, location, dimensions, and elevations of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities; and the location of the foregoing. Specifically, the following information is required: (i) Elevation in relation to mean sea level, of the lowest floor (including basement) of all structures; (2) Elevation in relation to mean sea level to which any structure has been fioodproofed; (3) Certification by a licensed professional engineer or architect that the fioodproofing methods for any nonresidential structure meet the fioodproofing criteria in Section 5.2-2; and, (4) Description of the extent to which any watercourse will be altered or relocated as a result of proposed development. 4. 2 DESIGNATION OF THE SUPERINTENDENT OF PUBLIC WORKS The Superintendent of Public Works is hereby appointed to administer and implement this local law by granting or denying development permit applications in accordance with its provisions. 4.3 DUTIES AND RESPONSIBILITIES OF THE SUPERINTENDENT OF PUBLIC WORKS Duties of the Superintendent of Public Works shall include, but not be limited to: 4, 3-1 Permit Review (1) Review all development permits to determine that the permit requirements of this ioeal'^tow* have been batisfied. (2) Review all development permits to determine that all necessary permits have been obtained from those Federal, State or local governmental agencies from which prior approval is required. (3) Review all development permits for compliance with the provision of Section 5.1-5, Enroachments. -8- » % �K titejr* Mo ' t i?r^ 4.3-2 Use 0>f Other Base Flood Dat<a When base flood elevation data has not been provided in accordance with Secion 3.2, BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD, The Superintendent of Public Works shall obtain, review, and reasonable utilize any base flood elevation data available from a Federal, State, or other source, in order to administer Sections 5.2-i, SPECIFIC STANDARDS, Residential Construction, and 5.2-2, SPECIFIC STANDARDS, Nonresidential Construction. / 4.3-3 Information To Be Obtained And Maintained < • 1 (1) Obtain and record the actural elevation (in relation to mean sea level) of the lowest habitable floor (including basement) of all new or substantially improved structures, and whether or not the structure contains a basement. (2) For all new substantially improved flood proofed structures: (i) verify and record the actural elevation (in relation to mean sea level); and (ii) maintain the floodproofing certifications required in Section 4.1(3). (3) Maintain for public inspection all records pertaining to the provisions of this local law. 4.3-4 '!. > : Alteration of Watercourses (1) Notify adjacent communities and the appropriate State coordinating agency prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration. '•« ^ (2) Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood carrying c apacity is not diminished. 4.3-5 Interpretation of FIRM Boundaries I , •\i Make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazards (for example, where ther appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Section 4.4. -9- % it -I Z r i J ' �' — • H — * ' " " " m l I mill T I . •,!»,••.•» . 1 . , , 4.4 VARIANCE PROCEDURE 4.4-1 Appeal Board i i i. - ...i.. v m n m f,||1JUU (i) The Zoning Board of Appeals, after reviewed by the Planning Board of the Village of North Tarrytown, shall hear and decide appeals and requests for variances from the requirements of this local law. (2) The Zoning Board of Appeals shall hear and decide appeals when it is alleged there is an e r r o r in any requirement, decision, or determination made by the Superintendent of Public Works in the enforcement or administration of this local law. (3) Those aggrieved by the decision of the Zoning Board of Appeals, or any taxpayer, may appeal such decision to the Supreme Court of the State of New York, as provided in Civil Practice Laws and Rules of the State of New York. (4) In passing upon such applications, the Zoning Board of Appeals shall consider all technical evaluations, all relevant factors, standards specified in other sections of this local law, and: (i) the danger that materials may be swept onto other lands to the injury of others; (ii) the danger to life and property due to flooding or erosion damage; (iii) the susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; (iv) the importance of the services provided by the proposed facility to the community; (v) the necessity to the facility of a waterfront location, where applicable; (vi) the availability of alternative locations for the proposed use which a r e not subject to flooding or erosion damage; (vii) the compatibility of the proposed use with existing and anticipated development; (viii) the relationship of the proposed use to the comprehensive plan and flood plain management program of that area; -10- * N �\ l?!X (ix) the safety of access to the property in times of flood for ordinary and emergency vehicles; (x) the expected heights, velocity, duration, rate of r i s e , and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; and, (xi) the costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges. (5) Upon consideration of the factors of Section 4.4-1 (4) and the purposes of this local law, theZoning Board of Appeals may attach such conditions to the granting of variances as it deems necessary to further the purposes of this local law. (6) The Superintendent of Public Works shall maintain the records of ail appeal actions including technical information and report any variances to the Federal Insurance Administration upon request. 4.4-2 Conditions for Variances (1) Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size GO ntiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items (i-xi) in Section 4. 4-1 (4) have been fully considered. As the lot size increases beyond the one-half a c r e , the technical justification required for issuing the variance increases. (2) Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in the remainder of this section. (3) Variances shall not be issued within any designated fioodway if any increase in flood levels during the base flood discharge would result. (4) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. A ! *1 -II- ^M 'A ' �(5) Variances shall only be issued upon: (i) a showing of good and sufficient cause; (ii) a determination that failure to grant the variance would result in exceptional hardship to the applicant; and (iii) a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public as identified in Section 4. 4-1(4), or conflict with existing local laws or ordinances. (6) Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and that the cost of flood insurance will be com mensurate with the increased risk resulting from the reduced lowest floor elevation. SECTION 5.0 PROVISIONS FOR FLOOD HAZARD REDUCTION 5.1 GENERAL STANDARDS In all areas of special flood hazards the following standards a r e required: 5.1-1 Anchoring (1) All new construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure. (2) All mobile homes si all be anchored to resist flotation, collapse, or lateral movement by providing over-the-top and frame ties to ground anchors. Special requirements shall be that: (i) over-the-top ties be provided at each of the four corners of the mobile home, with two additional ties per side at intermediate locations, with mobile homes less than 50 feet long requiring one additional tie per side; (ii) frame ties be provided at each corner of the home with five additional ties per side at intermediate points, with mobile homes less than 50 feet long requiring four additional ties per side; -12- N �I jgtt mm ij^|[|^u /-?/ (iii) all components of the anchoring system be capable of carrying a force of 4,800 pounds; and, ^ (iv) any additions to the mobile home be similarly anchored. 5.1-2 Construction Materials and Methods (1) All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. (2) All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage. 5.1-3 Utilities (1) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system; (2) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharge from the systems into flood waters; and, (3) On-site wast disposal systems shall be located to avoid impairment to them or contamination from them during flooding. 5.1-4 Subdivision Proposals (1) All subdivision proposals shall be consistent with the need to minimize flood damage; (2) Ail subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage; (3) All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage; and, (4) Base flood elevation data shall be provided for subdivision proposals and other proposed development which contain at least 50 lots or 5 acres (whichever is less). 5.1-5 >' ii'f. • -IJ h i •'! i!- Enroachments In all areas of special flood hazard in which base flood elevation data has been provided, the cumulative effect of any proposed development, when combined with all other existing and anticipated dev?^Dment, shall not increase the water surface elevation of -13- M 11 i m �the base flood more than one 5.2 foot at any point. SPECIFIC STANDARDS >» . In all areas of special flood hazards where base flood elevation data have been provided as set forth in Section 3.2, BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD or in Section 4 . 3 - 2 , Use of Other Base Flood Data, the following ' standards are required: 5. 2-i Residential Construction New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to or above base floor elevation. 5.2-2 Nonresidential Construction New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor, including basement, elevated to the level of the base flood elevation; or, (1) be floodproofed so that below the base flood level the structure is watertight with wails substantially impermeable to the passage of water; (2) have structural components capable of resisting hydrostatic and hydrodynamic loads and effect of buoyancy;and (3) be certified by a registered professional engineer or architect that the standards of this subsection are satisfied. Such certifications shall be provided to the official as set forth in Section 4.3-3(2) 5.2-3 Mobile Homes (1) Mobile homes shall be anchored in accordance with Section 5.1-1(2). (2) For new mobile home parks and mobile home subdivisions; for expansions to existing mobile home parks and mobile home subdivisions; for existing mobile home parks and mobile home subdivisions; for existing mobile home parks and mobile home subdivisions where the repair, reconstruction or improvement of the s t r e e t s , utilities and pads equals or exceeds 50 percent of value of the s t r e e t s , utilities and pads before the repair, reconstruction or improvement has commenced; and for mobile homes not placed in a mobile home park or mobile home subdivision, require that: -14- �11 i\ /zC t f* (i) stands or lots a r e elevated on compacted fill or on pilings so that the lowest floor of the mobile home will be at or above the base flood level; (ii) adequate surface drainage and access for a hauler are provided; and, (iii) in the instance of elevation on pilings, that: -lots a r e large enough to permit steps, -piling foundations a r e placed in stable soil no more than ten feet apart, and / -reinforcement is provided for pilings more than six feet above the ground level. 5.2-4 REPEALER All ordinances, local laws or resolutions or parts of ordinances, local laws or resolutions of the Village of North Tarrytown inconsistent with the provisions of this local law are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and that in. ail respects this local law shall be in addition to other ligislation regulating and governing the subject matter covered by this local law. 5.2-5 SEVERABILITY If any section, paragraph, subsection or provision of this local law shall be adjudged invalid or held unconstitutional, the same shall not effect the validity of this local law as a whole or any part or provision thereof other than the part so decided to be invalid or unconstitutional 5. 2-6 WHEN EFFECTIVE ' . J tfci This local law shall take effect in the time prescribed by law. i 'H -15- <H / • � 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 Board of Trustees Meeting Minutes & Resolutions-1981 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_TRUST_1981-07-17 Subject The topic of the resource Board of Trustees Minutes-1981 Date A point or period of time associated with an event in the lifecycle of the resource 1981 Rights Information about rights held in and over the resource Village of Sleepy Hollow All Rights Reserved. Type The nature or genre of the resource Text