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1*3

A Regular meeting of the Board of Trustees of the Village of
North Tarrytown was held on Wednesday November 6, 1991 at 8:00
PM.
Present:

Mayor Frank Rey
Sean Treacy
Michael Hyland
James J. Nazemetz
John T. Hayes, Jr.
Trustees

Also Present:

William T. Regan, Village Administrator
Robert J. Ponzini, Village Attorney
Absent:
Morris Alter
James J. Timmings, III
Trustees
Mayor Rey called the meeting to order with a pledge to the flag.
Mayor Rey asked that everyone remain standing for a moment of
silence for Helen Logan, Raymond DeLade and Mrs. Cohen,
mother-in-law of Trustee Alter, who passed away recently.
Public Hearings
Trustee Hyland moved to open the public hearing section, seconded
by Trustee Nazemetz and motion carried.
Mayor Rey read the attached public hearing notice regarding the
proposed addition to the Zoning Code, Chapter 62.
George Hritz stated that this issue has come up before. The
Sleepy Hollow Manor Taxpayers Association is against this
amendment and feel that the six foot proposal is too close. He
agreed that the statue is a little fuzzy and should be reviewed
but the setback should be more than six feet.
Lisa Hunter stated that she and her neighbors were very concerned
about this proposed change from more to less and it is not a good
idea for the community. She did not feel that this would serve of
any value to this village.
The Mayor commented that this hearing came about on the
recommendation of the Zoning Board and advice from the
consultants for clarification of the code and that the Building
Inspector stated that there are front and side setbacks in the
code but not rear setbacks.
Trustee Treacy commented that zoning codes are made to protect
the value of property.
Mr. Nicholas Cicchetti suggested that there should be a different
size for the rear yard setback.
1

�Haig Bohigan, President of the PMIA, stated that there was great
discussion at the association's meeting which was held recently
regarding this change. The association opposed to the six foot
setback. In the event of a fire it would be very difficult to
maneuver a fire truck and the buildings would be too close
together leading to potentially all buildings close to each other
catching on fire. He asked that a careful study be done before
any change in the ordinance is made.
Trustee Hyland moved to continue the public hearing at the next
regular board meeting to be held on November 19, 1991, seconded
by Trustee Nazemetz and motion carried.
Mayor Rey read the attached second public hearing notice with
regard to a proposed amendment to Chapter 48B of the Village Code
entitled "Sprinklers".
Mr. Donovan asked why a woman whose garage was destroyed by a
falling tree is having so much trouble getting it rebuilt and why
does she need to have a sprinkler system put into a garage.
The Village Attorney, Robert Ponzini, stated that the purpose of
this hearing tonight was brought about by that particular case so
that an applicant in this situation can appear before the Bureau
of Fire Prevention with their appeal.
There being no further discussion, Trustee Treacy moved to close
the public hearing, second by Trustee Nazemetz and carried 4-0.
Trustee Treacy moved to approve the amended version of Section
48B of the General Code, "Sprinklers", Section 48B-6, second by
Trustee Nazemetz and motion carried 5-0.(Resolution #11/118/91)
Trustee Treacy suggested that the Building Inspector, Zoning
Board Chairman and the Fire Chief be invited to attend the next
public hearing on November 19, 1991 regarding the rear yard
setback requirement.
Approval of Minutes
Trustee Hyland moved to approve the minutes of October 15, 1991,
second by Trustee Hayes. Trustee Treacy stated that there was
one minor correction; on page 2, paragraph 7, money for sod
improvements should read "facade" improvements. With that one
corrections, motion carried 4-0.
Approval of Warrants
Trustee Hyland moved to approve the warrants and authorize the
Treasurer to pay the bills, second by Trustee Nazemetz and motion
carried 4-1 with Trustee Treacy voting NO. Total of General Fund
is $174,498.94 and the Water Department fund is $38,116.58.
Communications, Petitions and Requests
Mayor Rey received a letter from Mrs. Petcoff of 27 College
Avenue requesting that trees in front of her home be checked.
2

�I?5

This will be referred to the Tree Commissioner and Foreman for
review and determination.
The Mayor received a letter from a resident commending the Police
Department for their assistance in locating her young son who was
late in returning home. A copy will be given the Police Chief
and a copy placed in Sgt. Ferguson's file.
Public Comments
John Tucci of 21 Pine Street addressed the Board regarding the
sidewalk in front of his home, large pot holes in the road and
the parking restrictions on that street. Will be referred to the
Highway department and Parking Enforcement officer.
Mr. Donovan stated since the beautification of the Sleepy Hollow
bridge is near completion, he recommended the Board consider
having a rededication ceremony.
Mary Vizvary stated that Bob Carpenter should be commended in his
efforts in getting the DOT to refurbish the bridge.
Nicholas Cicchetti commented that since the sale of the water
department building fell through and the money had been budgeted,
he felt something must be done to stabilize or reduce our taxes.
He asked that the Board check into the assessment of the GM
railroad loading facility which has not been done yet. As a
result of the monies being received by the increased County sales
tax, the Village should establish legislation to use the monies
to reduce or stabilize taxes.
Ellen Meagher of the Scenic Historic Organization wants to
develop a "Greenway" to encourage public access and trails for
walking and biking starting at River Street connecting General
Motors, Kingsland Point ,Devries field, the Restoration, into the
cemetery and Douglas Park, the aqueduct and out of Rockefeller
State Park. She asked that the Board pass a resolution tonigh't so
they can start organizing the plans for this Greenway.
Trustee Treacy commented that the Village will help them to
obtain grants for this project.
The Mayor wanted to discuss this at the next work session and
Trustee Hyland commented that it should be discussed further.
Mrs. Meade, the Chairman of the Recreation Commission stated that
the Recreation Commission is very receptive to this idea and felt
that a resolution should be passed tonight.
Trustee Treacy moved that the Board of Trustees resolve to go
ahead with Scenic Hudson and to explore all the possibilities
associated with the creation of this new river road, waterfront
park for the village and esplanade, second by Trustee Nazemetz.
After discussion among the Mayor and Trustees, motion passed 4-0
with Trustee Hyland abstaining.

3

�Four Spanish speaking families from 190 Valley Street spoke
through an interpreter regarding an eviction notice they all
received from their landlord asking them to vacate in 3 0 days and
they asked the Board's help. Village Attorney stated that they
must see the Judge who may give them an extension.
Jim Tierney had suggested previously that the ETPA resolution be
put on a referendum.
Tom Lester read a letter commending the Mayor and Board on
reinstating Manny Caixiero to the Detective division and had
collected over 1000 signatures on a petition, and he asked that
this reinstatement be made on a permanent basis.
Don Caetano commended Mr. Lester on his letter. He asked that
the Highway department check the sidewalks and the undermining
road which is sagging in front of his home on Lawrence Avenue
where repairs were done recently.
There being no further comments, Trustee Hyland moved to close
the public comment section, second by Trustee Nazemetz and
carried.
Mayor's Report
Mayor Rey has received a letter from William Haggerty, caretaker
for the Village for 38 years informing the Board of his
retirement effective November 30, 1991. He will receive a plaque
in appreciation for his contribution to the Village.
Administrator's Report
Our new heavy duty dump truck has been delivered and is on the
road. November 11th is Veterans Day and there will be a ceremony
at Patriots Park at 11:00 AM.
The Administrator has received a letter from the County of
Westchester Environmental Management Council informing us that
the Village of North Tarrytown has been selected for an award in
this years Westchester County Recycling Awards Program which will
be held on November 25 at 11:00. County Executive O'Rourke will
present the awards. Coloring books regarding recycling have been
distributed to school children in the lower grades.
William Regan reported that with regard to the number of senior
citizen tenants, there are 160 seniors who are 62 years old or
over living in the Van Tassel Apartments. Tarrytown has only four
tenants who are taking advantage of their tenants' program.
He read the Village Prosecutor's report.
There will be no ARB meeting in November, Zoning Board will meet
on November 2 0th.
William Regan commented that Trustee Alter asked that the Board
consider contributing $1340. to participate in the Tappan Zee
East Scenic District committee study with the Village of
Tarrytown.
4

�Mayor Rey commented that Sleepy Hollow Taxpayers Association had
a concern regarding the subdivision request of the Akin property
and asked that Mr. Cicchetti inform the Association that there
will be public hearing on November 20th at 8:00 PM.
Trustee Treacy asked that the Mayor repeat what he had said
regarding the reinstatement of Manny Caixiero, that it was just a
temporary reinstatement. The Mayor repeated that this was done
on the advice of Chief Brophy and the Mayor endorsed it.
Discussion ensued on the matter.
Resolutions- Attached
Old Business
Trustee Treacy commented that he was disturbed by answers he
received when he filed a freedom request for access to an
evaluation of a former employee and was denied access unless a
resolution by the Board of Trustees was passed. Village Attorney
commented that Trustees do not have open access to personnel
evaluations according to the Commission on Government Access.
The Attorney commented that Trustee Treacy could check with
Albany for another opinion. The Administrator commented that this
separate evaluation was done at the request of the Mayor and not
the normal evaluations which are placed in personnel files.
New Business
Trustee Treacy commented that he received a report from Stephen
Shay of the NYS Commission on Cable. Technical evaluations have
been received and there are a number of corrective actions that
Continental has to take according the NYS Cable Commission.
Mayor Rey asked Trustee Nazemetz if the Master Plan could be
ready by the next meeting and asked Trustees Hyland and Treacy of
the Steering Committee when their report would be ready; Trustee
Treacy commented it is ready and will be presented at the next
work session.
Public Comments
Nick Cicchetti commented that a while ago the Mayor stated that
the Sleepy Hollow Manor Taxpayers Association could form a
Citizens Committee to discuss the county sales tax, but he felt
that this should have some official backing from the Board. The
Mayor stated that the Board will discuss this at the next work
session.
Jim Tierney asked again about the tax abatement for seniors who
are tenants.
There being no further comments, Trustee Nazemetz moved to close
the public comment section, second by Trustee Treacy and carried.
Executive Session
Trustee Hyland moved to adjourn to Executive Session to discuss
litigation and personnel items, second by Trustee Nazemetz and
carried.
5

�Discussion ensued on the appointment of a Secretary to Village
Administrator. The following resolution was then passed: Be it Resolved the Board of Trustees approves the Mayor's
appointment of Christine Yurkovic, 10 1/2 Spruce Street,
North Tarrytown, New York to the position of Secretary to
Village Administrator at an annual salary of $20,000. effective
December 2, 1991. Said appointment is subject to approval by
the Westchester County Civil Service Commission.
Trustee Hyland so moved, seconded by Trustee Treacy and motion
carried 40.
Discussion ensued on the Curi lawsuit. Trustee Hyland moved to
approve the payment of $500., second by Trustee Hayes and motion
carried 4-0.
Discussion ensued on the rebidding of the sale of the Water
Department building. Trustee Treacy moved that an upset price of
$200,000. be set, seconded by Trustee Hyland and motion carried
4-0.
There being no further business, the meeting was adjourned.
Respectfully submitted,

Angela Everett
Deputy Village Clerk

6

�PUBLIC HEARING NOTICE
VILLAGE OF NORTH TARRYTOWN

PLEASE TAKE NOTICE that the Board of Trustees of the Village of
North Tarrytown will hold a public hearing on Wednesday, November
6, 1991 at 8:00 PM in Village Hall, 28 Beekman Avenue, North
Tarrytown, New York to hear and consider an addition to the
Village Code, Zoning, Chapter 62, Section 13, E (g) (New) to
establish the minimum rear yard setback requirement for the
location of accessory uses in residential districts.
A copy of said law is available in the office of the Village
Clerk.
All taxpayers, residents and interested parties are invited to
attend and be heard at this public hearing.

By Order of the Board of Trustees
William T. Regan, Village Clerk
Dated: October 25, 1991

�PUBLIC HEARING NOTICE
VILLAGE OF NORTH TARRYTOWN

PLEASE TAKE NOTICE that the Board of Trustees of the Village of
North Tarrytown will hold a public hearing on Wednesday, November
6, 1991 at 8:00 PM in Village Hall, 28 Beekraan Avenue, North
Tarry town, New York to hear and consider a proposed amendment to
the Village Code, Chapter 48B entitled "Sprinklers" Section 48B-6
"Bureau of Fire Prevention" and to add Section 48B-7
"Jurisdiction", Section 48B-8 "Standards for Appeal", Section
48B-9, "Time to Appeal", Section 48B-10 "Appeal Procedure",
Section 48B-11 "Conflicts of Interest" and Section 4SB-12
"Submission of Plans".
A copy of said law is available in the the office of the Village
Clerk.
All taxpayers, residents and interested parties are invited to
attend and be heard at this public hearing.

By Order of the Board of Trustees
William T. Regan, Village Clerk
Dated: October 25, 1991

�Meeting Date:
Resolution #:

11/06/91
11/114/91

Be it Resolved, the Board of Trustees of the Village of North
Tarrytown does hereby amend the income scale for the partial
property tax exemption for Senior Citizens for the 1992
Assessment Roll to reflect the following changes:
Income

Percentage of Exemption

Up to $15,000.

50%

15,600.

45%

16,200.

40%

16,800.

35%

17,400.

30%

18,000.

25%

18,600.

20%

19,199.99

15%

19,799.99

10%

MOVED:

Truatee

Hyland

SECONDED: T r u s t e e Nazeraetz

VOTE:

5

"0

�Meeting Date:
R e s o l u t i o n #:

11/06/91
11/115/91

Be i t Resolved the Board of Trustees of the V i l l a g e of North
Tarrytown approves the rental amount of $680. per month f o r 21
Beekman Avenue e f f e c t i v e June 1, 1991.
MOVED: Trustee Treacy

SECONDED: T r u s t e e Nazemetz

VOTE:

4-1

On r o l l c a l l vote Trustees Treacy, Nazemetz, Hayes and Mayor Rey v o t e d YES,
T r u s t e e Hyland voted NO.

Meeting Date: 11/06/91
R e s o l u t i o n #: 11/116/91
Be i t Resolved the Board of Trustees of the V i l l a g e of North
Tarrytown authorizes re-bidding for s a l e of the V i l l a g e property
l o c a t e d a t 314 North Broadway, North Tarrytown, New York.
MOVED: Trustee Hayes
SECONDED: T r u s t e e Nazemetz
VOTE:
B r i e f d i s c u s s i o n ensued on whether or not an upset p r i c e should be l i s t e d .
T r u s t e e Nazemetz moved to withdraw the o r i g i n a l motion, second by Trustee Treacy
and motion c a r r i e d . T r u s t e e Treacy moved to d i s c u s s t h i s i n Executive S e s s i o n ,
second by Trustee Nazemetz and motion c a r r i e d .

Meeting Date:
R e s o l u t i o n #:

11/06/91
11/117/91

Be i t Resolved the Board of T r u s t e e s of the V i l l a g e of North
Tarrytown approves the naming of t h e L i t t l e League F i e l d a t
Devries Park as the "Joe Quattro Memorial F i e l d " .

MOVED: T r u s t e e Treacy

SECONDED:

T r u s t e e Nazemetz

VOTE:

Mayor Rey commented t h a t a date for a d e d i c a t i o n ceremony w i l l be s e t .
Mary Vizvary, s i s t e r of Joe Quattro, thanked the Board for t h i s honor.

5-0

�Meeting Date:
Resolution #:

11/06/91
11/118/91

BE IT ENACTED, by the Board of Trustees of the Village of
North Tarrytown as follows:
Section 1. : Section 48B-6 of the General Code of the Village
of North Tarrytown is amended to read as follows:
Section 48B-6.

Bureau of Fire Prevention established.

In order to- be in compliance with Section 48B-1
above, a Bureau of Fire Prevention shall be established
consisting

of the

fire

chief, the Code

enforcement

officer and two other members appointed by the Mayor and
serving at his pleasure, who preferably shall be a New
York State licensed professional engineer, or a New York
State registered architect.
§ 2. Chapter 48B of the General Code of the Village of Nortl)
Tarrytown is hereby amended to add new Sections 48B-7, 48B-8, 48B9, 48B-10 and 48B-11 to read as follows:
Section 48B-7.

Jurisdiction.

The Bureau of Fire Prevention shall serve as the
. municipal appeal agency and shall assume jurisdiction for
an independent review of all applications pursuant to
this local law.

In no event shall the Bureau of Fire

Prevention interpret or modify any provision of the New
,1

�York State Uniform Fire Prevention and Building Code, nor
shall it in any manner substitute for the regional boards
of review with respect to the Uniform Code provisions.
Section 48B-8.

Standards for Appeal.

Any denial of a building permit on the basis of this
local law may be reviewed under the following standards:
1.

Undue economic hardship or burden;

2.

Restriction from the achievement of a valid
state or federal policy;

3.

Physical or legal impossibility;

4.

Impediment to the intended objective of the
regulation;

5.

Unnecessary in light of a viable alternatives
which meet the intended objective of the more
stringent ordinance.

Section 48B-9.

Time to Appeal.

Any appeal pursuant to this local law must be filed ¥
no

later

than

30

days

from

the

date

an

adverse

determination of the application.
Section 48B-10. Appeal Procedure.
All appeals shall be conducted at an open hearing or
meeting and the procedures established by the Board of
Fire Prevention, pursuant to a notice published 10 days
prior to the hearing and the mailing of the notice,
certified mail/return receipt requested, to all abutting
2

�property owners. Upon reading of the public notice and
the convening of a quorum, the appeals board may hear
such evidence as it deems appropriate and adjourn the
meeting from time to time as may be necessary to render
a determination. In any event, a determination shall be
made no later than 90 days from the date of the initial
hearing.
Section 48B-11.

Conflicts of Interest.

No member of the appeal agency may deliberate if he
is involved in a family, business or professional manner
with the applicant in a proceeding pursuant to this local
law.
§ 3,

Section 48B-7 of the General Code of the Village of

North Tarrytown is amended to renumber said Section as Section 48B12 as follows;
Section 48B-12. Submission of plans.
Two (2) copies of all plans shall be submitted withr
calculations
stamped

by

where
a

needed,

licensed

New

and

said plans shall be

York

State

professional

engineer or a licensed fire protection engineer.
§ 4.

This local law shall take effect upon filing in the

Office of the Secretary of State.

3

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