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                  <text>A Regular Meeting of the Board of Trustees of the Village of
North Tarrytown was held on Tuesday, November 19, 1991 at 8:00PM.
Present:

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

Also Present: William T. Regan, Village Administrator
Robert J. Ponzini, Village Attorney
Mayor Rey called the meeting to order with a pledge to the flag.
Mayor Rey asked everyone to remain standing for a moment of
silence for Sgt. Booth's son Bill who passed away recently.
Mayor Rey presented a plaque to Willie Haggerty, caretaker for
the Village, who will be retiring at the end of November, after
thirty-eight years of service to the Village.
Tarrytown1s Mayor Eileen Pilla addressed the Board with regard to
the Tappan Zee East Scenic District and hoped that North
Tarrytown will join with them in becoming the final link at the
northern end by passing the resolution on the agenda tonight.
Public Hearing
Mayor Rey stated this hearing was a continuation of the one held
at the last meeting regarding the rear yard setback requirement.
Jerry Fine, Chairman of the Zoning Board, commented that" the
purpose of the hearing is to bring the code up to date.
The
minimum rear yard setback requirement is not in the code and
should be established. The Zoning Board's recommendation is a
six (6) foot setback.
He presented a diagram representing
property lines and front and side setbacks.
Several residents, Mr. Cicchetti, Ms. Hunter and Mr. Caetano felt
that the setback requirement should be more than the proposed six
feet. Six feet causes congestion lowering the value of property.
They felt that the six foot setback would be too close to other
homes making them less attractive when it is time to sell. The
question of the safety factor arose again with regard to a fire.
More discussion ensued among the trustees who felt the same way
as these residents.
One resident, Mr. Belanich commented that the setback should be
the same on all sides.
1

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Mr. Fine stated that he spoke to the Fire Chief as far as a truck
getting in and out; they have ample hose to get through the yard.
Mr. Fine commented that the purpose of this hearing was to revise
the code which is thirty years old and establish a rear yard
setback requirement, whatever the number may be.
Timothy Coon submitted the attached letter stating his opposition
to the six foot setback.
The Mayor recommended that the minimum rear yard setback
requirement be twenty-five feet and anyone who did not meet this
requirement could file an appeal before the Zoning Board.
There being no further comments, Trustee Timmings moved to close
the public hearing, second by Trustee Alter and carried 6-0.
Trustee Timmings moved to reject the proposed six foot rear yard
setback, seconded by Trustee Treacy and carried 6-0.
Trustee Timmings moved to call for a public hearing on December
17, 1991 for the purpose of establishing a rear yard setback of
twenty-five feet, second by Trustee Alter and motion carried 6-0.
Approval of Minutes
Trustee Hyland moved to approve the minutes of November 6, 1991
seconded by Trustee Treacy. Mayor Rey stated that there was one
correction under Approval of Warrants, the vote was 4-1; with
that correction, motion carried 6-0.
Approval of Warrants
Trustee Hyland moved to approve the warrant and authorize the
Treasurer to pay the bills, seconded by Trustee Nazemetz
and motion carried 5-1 with Trustee Treacy voting NO, Trustee
Treacy commented that he has been voting No on the approval of
the warrants because he feels that the level of spending is* too
high. Total of the General Fund is $81,347.00 and the Water
Department Fund is $54,768.17.
Communications, Petitions and Requests
Attached correspondence was read from the Fire Council regarding
action that took place at their monthly meeting of November 12.
Trustee Hyland moved to approve the action taken, seconded by
Trustee Timmings and motion carried 6-0.
Mayor Rey received a letter of thanks from Mary Vizvary on behalf
of her family, thanking the Board for renaming the Devries field
in memory of her brother Joe Quattro.
The Mayor received a copy of a memo from Sgt. Ferguson to Chief
Brophy regarding the graduation of Officer Nevelus from D.A.R.E.
program. Officer Nevelus was commended by his teachers on a job
well done. (Copy of memo placed in Officer Nevelus' file)
Tarrytowner•s and Proud of It are holding a joint celebration
with North Tarrytown on December 15, 1991 at noon at the Hilton.
2

�HP

Public Comments
Mario Belanich asked if the Beekman Avenue sidewalk project has
been paid for*. The Administrator stated that it has not been
paid, due to the fact that the County is checking with the
contractor on .certain questionable areas.
Mr. Belanich commented that if the vacant position of Mr. Shah is
not filled, the taxpayers could save money.
Trustee Treacy stated that we are paying Mr. Shah on a consultant
basis now and we do need to fill this position.
Mr. Regan
commented that the number of full time employees is the same as
it has been for many years, except for an Administrator.
Mr. Cicchetti commented that he heard the Mayor had approached
the Town Supervisor with regard to the possibility of building
homes on Peabody field and wanted to know if the town had any
objections. The Mayor stated that Mr, Meehan told him that the
town would consider the issue once something was proposed between
the village and the school district.
Mr. Cicchetti asked if there was any further discussion with GM
on the PILOT agreement. Our Attorney commented he has written a
letter to ,the attorney for General Motors and the attorney for
the school district and is waiting to hear from them.
Mr. Cicchetti asked if the Board discussed using the revenue
gained from the increase in the County sales tax for property tax
relief at the last work session. The Mayor commented no, due to
the fact that there were two trustees absent; Trustee. Treacy
suggested that it be put on the agenda for the next work session.
Mr. Caetano wanted to know who is using the Tenants' patrol
vehicle; the Mayor commented the Auxiliary Police.
He also asked if the Police contract is still in arbitration; the
Mayor commented yes.
Trustee Alter commended the Police department for their quick
response to his home when a woman who was visiting became ill.
Trustee Hyland moved to close the public comment section, second
by Trustee Alter and motion carried 6-0.
Mayor's Report
Mayor Rey asked that Trustee Treacy give a report on the Cable
committee and the Halpern Review committee.
Trustee Treacy reported that Chairman Pilla called a meeting of
the consortium. Seven communities are in the process of reviewing
the cable franchise agreement and there are several areas that
need to be looked at and the members will come back to the Board
with suggestions.
Trustee Treacy reported that the Halpern Review Committee has ^
made several recommendations to the Board of Trustees; one is to
set aside apartments at Cortlandt and Depeyster Streets for
senior citizen housing which has been endorsed by Halpern
3

•1 i

�I

Associates, apartments at the Duracell site and apartments at
Clinton and Beekman Avenue.
Trustee Treacy stated that the
committee recommended that the Board vote to approve the
preliminary redevelopment agreement at the next Board meeting.
Administrator's Report
William Regan reported that there is a resolution on the agenda
to award the bid of the Columbia Hose fire pumper; the Water
Department building is going out for rebidding.
Next week is a holiday and offices will be closed Thursday and
Friday, therefore there will be no garbage pick up on those two
days and no recycling on Wednesday. Regular Thursday pickup will
be on Wednesday; others will only have a Tuesday pickup.
William Regan and the Mayor met with NYS Department of
Transportation regarding Continental Street; drawings have been
finalized for the widening of the roadway and there is no need to
take down any buildings, vacant land will be taken. Grant money
is no longer available through the state but Mr. Regan will be
sending a letter to the County DOT asking that Continental Street
be added to the Federal-Aid Urban Systems Program (FAUS).
The Administrator stated there is a need for executive session to
discuss labor negotiations, labor grievances and personnel items.
Village Attorney commented that the bidding requirements for
construction and purchase contracts will be raised significantly
in January 1992 and suggested the Village wait until then if we
had any bids coming up.
Resolutions- Attached
Old Business
Trustee Hyland commented that the Public Works department" has
been turned around since the new management and alot of money has
been saved.
Trustee Nazemetz read his Master Plan
official minutes).

Evaluation

(part of

Trustee Treacy suggested that, in conjunction with the urban
renewal plan, the Board plan to take action to acquire the burned
out building at 78 Beekman for the purpose of parking behind the
building from Pocantico Street to Washington Street.
Public Comments
Mario Belanich wanted to know if the Amnesty Program was over and
v/as it successful.
Trustee Timmings commented that it is over and receipts were
minimal.
The Boot is being used again to crack down on
scofflaws.

4

�I

*20 0
J/

There being no further comments, Trustee Nazemetz moved to close
the public comment section, second by Trustee Timmings and
carried.
Executive Session
Trustee Hyland moved to adjourn to executive session to discuss
labor negotiations, grievances and personnel items, seconded by
Trustee Nazemetz and motion carried 6-0.
Discussion ensued on grievance filed by Officer Pellegrino.
Trustee Nazemetz moved to deny the grievance, seconded by Trustee
Timmings and motion carried 6-0.
Discussion ensued on grievance filed by Officer Camp. Trustee
Timmings moved to deny the grievance, seconded by Trustee
Nazemetz and motion carried 6-0.
Discussion ensued on the Police Chief. Trustee Timmings moved to
extend the probationary period of Chief Brophy to the full
twenty-six (26) weeks allowed under the Westchester County Civil
Service regulations; probationary period to end March 25, 1992,
motion seconded by Trustee Nazemetz and carried 6-0.
There being no further business, meeting was adjourned.
Respectfully submitted,

Angela Everett, Deputy Clerk
William T. Regan, Village Clerk

5

�Meeting Date: 11/19/91
Resolution #:, 11/119/91
Be it Resolved the Board of Trustees approves the appointment of
Sharalee Falzerano, 44 Garretson Road, White Plains, New York and
Elaine Massena, 26 Park Circle, White Plains, New York to the
part-time position of Records Survey Assistant. Said appointees
to be paid from the NYS Local Government Records Management
Improvement Fund grant at the rate of $9.00 per hour.
MOVED:Trustee Hvland

SECONDED:Trustee Timminas

VOTE:

Mayor Rey asked that we add not to exceed a total compensation of
$9,700. to the resolution. With that addition, Trustee Nazemetz
moved to approve this appointment, seconded by Trustee Timmings
and motion carried 6-0.

Meeting Date:
Resolution #:

11/19/91
11/120/91

Be it Resolved the Board of Trustees sets a Public Hearing to
consider adopting the NYS Senior Citizen tax abatement program
for rent-controlled and rent regulated property as provided for
in the New York State Real Property Tax Law Article 4, Title 2,
Section 4 67-b. Said hearing to be held on December 17, 1991.
MOVED:Trustee Treacy

Meeting Date:
Resolution #:

SECONDED:Trustee Alter

VOTE: 6-0

11/19/91
11/121/91

Be it Resolved the Board of Trustees approves the expenditure of
$134 0.71 to participate in the Tappan Zee East Scenic District
Committee study, and authorizes the Mayor to sign the agreement
between the Tappan Zee East Scenic District Committee and the
Village of Tarrytown (copy attached).
MOVED:Trustee Hyland

SECONDED:Trustee Hayes

Trustee Timmings voted No.

V0TE:j5nl

�303^

Meeting Date:
Resolution #:

11/19/91
11/122/91

Be it Resolved the Board of Trustees approves the Mayor' s
appointment of James Timmincrs. Jr. and Frank Arvan to the Bureau
of Fire Prevention.
MOVED: Trustee Timminas SECONDED:Trustee Nazemetz VOTE: 6-0_

Meeting Date:
Resolution #:

11/19/91
11/123/91

Be it Resolved the Board of Trustees authorizes the Mayor to sign
a Work Experience Agreement with the County of Westchester
Department of Social Services to provide useful work for
employable Home Relief Recipients at no cost to the Village of
North Tarrytown.
MOVED:Trustee Hyland SECONDED:Trustee Treacy VOTE:6-0

Meeting Date: 11/19/91
Resolution #,: 11/124/91
Be it Resolved the Board of Trustees awards the sale of the Maxim
Fire Pumper, 1972, to Emergency Environmental Services, Inc., 126
Lafayette Avenue, White Plains, NY as the sole bidder for the sura
of $25,000.
MOVED:Trustee Hvland SECONDED:Trustee Nazemetz

VOTE:6^0_

�F

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

�-?oy:

North Tarrytown, New York
Fire Patrol
Org. 1876
Pocantico Hook and Ladder
Org. 1878
Rescue Hose Co. No. 1
Org. 1887
Union Hose Eng. Co. No. 2
Org. 1887
Columbia Hose Co. No. 3
Org. 1899

Michael Whalen
Chief Engineer
David Cappello
First Assistant Chief
Charles DePaolo
Second Assistant Chief

November 15, 1991

To:
Fr:

Mayor and Board of Trustees
Fire Council

At the regular monthly meeting of the Fire Council held on Tuesday,
November 12, 1991 the following action took place:
1) Fire Patrol Co. #1 - Appointed as a driver of Fire Patrol/ Lydia
Irrizarry.
2a) Ambulance 13 - Elected to membership, Lenny Voigt 95,Beekman Ave.
No. Tarrytown/ NY
2b) Ambulance 13 - Appointed as a driver of Ambulance 13, Mike Gagliardi,

Thank you.

Charles DePaolo, Secretary
2nd Asst. Chief Engineer

�11/19/91

17:43

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November 19, 1991

Mayor Frank Rey
Village of North Tarrytown
28 Beekman Avenue
North Tarrytown, New York 10591
RE: Amendment to the zoning Code of
The Village of North Tarrvtown
Dear Mayor*
I have learned today that the Village Board will continue
its hearing with regards to the proposed amendment to the Zoning
Code that was originally discussed on Wednesday, November 6, 1991.
At that time, the matter was tabled for continuation. I have also
just learned that at a recent work session this matter was
discussed and that it may very well come to a vote at tonight's
meeting. Unfortunately, due to business commitments, I am not
available to attends tonight's meeting but do wish to express my
opinion with respect to this proposed zoning change or amendment
for consideration by the Board prior to any vote.

I

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11/19/91

17:44

©914 683 6956

BLEAKLEY PLATT

Mayor Frank Rey
November 19/ 1991
Page 2

The history behind this proposed amendment extends back
over 1 1/2 years when Louis Falasca applied for a variance for
purposes of building an accessory building consisting of, what I
have been told, a four bay garage. Such an application was denied
by the building department on the basis that it violated existing
codes and the Zoning Board refuged to issue the required variance
for this proposal.
Thereafter, the Zoning Board engaged the
services of a consulting engineer for purposes of reviewing the
code. This consulting engineer determined that the entire zoning
code of the Village of North Tarrytown was outdated and needed to
be revamped• The engineer specifically referenced the rear yard
and side yard setbacks for an accessory building, although, one
must suspect that this consultant was looking at specific areas as
directed by the Zoning Board and its Chairman. This matter came up
for a public hearing this fall and was tabled as a result of the
dramatic and resounding outcry by the public with respect to such
an amendment. What was apparent from this public hearing was the
Zoning Board Chairman clearly advocating the position of an
Individual citizen by his advancing this proposed amendment.
Apparently recognizing that this amendment would not be
approved, the Zoning Board Chairman then proposed that the zoning
code be amended so as to provide for a rear yard setback of six
feet. The net effect of this six feet would be to allow a variance
up to three feet from the property line when one desires to build
an accessory building on their property. Again, this is a blatant
attempt by the Zoning Board Chairman to amend the code so as to,
meet a specific need of an individual citizen In disregard to the
adverse effect such an amendment would have to the rights of other
property owners. When discussing this amendment, there has never
been any valid argument set forth for such a narrow setback from
the property line for purposes of building an accessory building.
If anything, such an amendment will have an adverse effect on
property values and the enjoyment of the property throughout the
Village of North Tarrytown.
The Board must recognize that the proposed amendment will
have a dramatic effect on the residents of both Manors and other
areas within the Village. The economic conditions in today's real
estate market together with the citizens' concern regarding the
school district have already resulted in a dramatic decrease in
property values.
To allow construction of accessory buildings
virtually on the property lines will serve no purpose other than to
further reduce property values within the Manor, The current

©004

�11/19/91

17:45

© 9 1 4 683 6056

BLEAKLEY PLATT

Mayor Frank Rey
November 19, 1991
Page 3

property owners will also be adversely affected In that their quiet
enjoyment of their own property will be adversely effected. One
shallow argument being proffered to support this amendment is that
it would allow the property owner who wishes to build an accessory
building to use mbre of his property by allowing the construction
of the building close to the property line. This argument fails to
consider the adjoining property owner's right to enjoy his
property.
If one considers the effect of having an accessory
building built on the property line upon your own use of your
private property, one will recognize that by passing the ordinance
as proposed, the non-building property owner will be the one
adversely affected. This would only create undue hardship, loss of
quiet enjoyment of one's property and a bevy of lawsuits.
I urge this Board to strongly consider the adverse impact
of this proposed amendment.
Particularly, when the proposed
amendment is being set forth by Jerry Pine, the Chairman of the
Zoning Board, for the enrichment of an individual citizen, Louis
Falasca. Perhaps, the best way to proceed is to have Jerry Fine
state, at a public hearing, his justifications for such a proposal.
It is unfair to expect the general public to respond fully to such
an amendment
when
thefor
proposer
his rationale at a
Thank
you
giving has
thisnever
your stated
corisj^deration.
public hearing.
Very xruly yours,

TIMOTHY V y/COON
TPCssam
cci

William Regan
Board of Trustees

�Village of North Tarrytown
Master Plan Analysis

r

Prepared by: James J. Nazemetz/Trustee

November 19,1991

�I

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Overview:
The current Master Plan for North Tarrytown
dates from April, 1980. Much has happened in the eleven year
span. This was a time when many members of the community
were able to increase their disposable income. Yet, the
dominant trend was to spend that income away from local
markets. The absence of an upscale marketplace in North
Tarrytown resulted in our failure to capture some of those
discretionary dollars. With attention diverted away from the
community, there was a marked Sack of interest to pursue the
Master Plan.

Master Plan Analysis:
This Plan is concerned mainly with the downtown area of North*
Tarrytown: Beekman Avenue, Valley and Cortland Streets, and
adjacent areas, i.e., Chestnut Street, Barnhart Park and
Broadway, among others. Traffic surveys, while considering the
impact on downtown business and residential areas, leave much
to be determined by future surveys.
The Plan's primary focus is on rehabilitation of existing buildings
within the downtown envelope/This also includes signage in
sympathy with the architectural style of the buildings. The
creation of parking behind Beekman Avenue, with walkways
accessible to shopping areas is a key concept of the Plan.
_«__--__„»_«-«_--_-_«_».__«.

November 19,1991

�r

"\

In short, the plan is an overhaul of the commercial areas of
North Tarrytown. The objective, along with street
beautification, is to develop an attractive, "user friendly"
shopping area, to draw new consumers (and their increased
disposable income) into the downtown area. With this as the
objective, new and existing merchants could upgrade their
goods and services to meet the requirements of these
consumers and, hopefully stem the tide of out-of-town
spending.

North Tarrytown and the Master Plan:
The writer was impressed with theforesightedness and breadth
of this Plan. Of course, when it was prepared eleven years ago,
market conditions and the present day economy could not be
predicted. However, our failure to begin implementing the plan
has resulted in lost opportunities to capitalize on the robust
economy of the 1980's.
With the recent fire in the Mary Fisher building, and the
availability of the rear property that is (or was) for sale, the
village could acquire these and proceed with rehabilitation of
this area. This could be the start of implementation of the
Master Plan and possibly of a renaissance in North Tarrytown.
The Master Plan should not continue to remain on the self, for a
perceived lack of interest. Government must revalidate and
endorse the Plan and develop a process to implement it, as well
as a procedure to keep it current and evergreen.

v^
0001

______,___«________,_____.

November 19,1991

�&gt;*

Conclusion:
The Master Plan of North Tarrytown, prepared in 1980 is still
valid. North Tarrytown must follow the outline of the Plan and
establish a process to update it annually. This is required to
insure that North Tarrytown's future is characterized by growth
and vitality, and that future develpoment will be in support of
the Plan's goals.

^-

0001

November 19.1991

�I

AGREEMENT BETWEEN THE TAPPAN ZEE EAST SCENIC DISTRICT
COMMITTEE AND THE 'VILLAGE OF TARRYTOWN
This AGREEMENT, made this
day of October, 1991, by
and between the Tappan Zee East Scenic District Committee
("Committee") and the Village of Tarrytown ("Tarrytown") .
WHEREAS, the Committee desires to employ the Office of
' R. M. Toole, Landscape Architecture, Planning and
Environmental Assessment, located at 215 Regent Street,
Saratoga Springs, New York 12 866, ("Consultant") to prepare
a nomination document for Scenic District Designation for
the "Tappan Zee East Scenic District", Westchester County,
New York. The nomination document is to be submitted to the
New York State Department of Environmental Conservation for
designation;
WHEREAS, the Consultant is willing to provide the
nomination document for the consideration stated in the
attached proposal marked as "Exhibit A";
WHEREAS, to expedite the preparation of the nomination
document, Tarrytown has entered into an agreement with the
consultant to perform the services in the attached proposal;
WHEREAS, Tarrytown entered into the agreement based
upon both verbal and written commitments from the members of
the Committee;
NOW, THEREFORE, in consideration of the mutual
covenants herein set forth, the parties hereto agree as
follows:
1. That the members of the Committee, the Villages of
Tarrytown, North Tarrytown, Irvington, Dobbs Ferry, and
Hastings and the Towns of* Grefenburgh and Mt. Pleasant herein
agree to pay their proportionate share of the Consultant's
fees.
2. That the members of the Committee shall pay their
proportionate share to Tarrytown to reimburse Tarrytown for
the direct expense of payment for the Consultant.
IN WITNESS WHEREOF, the Committee and Tarrytown acting
herein by their duly authorized representatives have here
unto set their hands this day and year first above written.

�y

/ T H E VILLAGE OP DOBBS FERRY, NEW YORK

Byi

THE VILLAGE OP HASTINGS, NEW YORK

By:
THE VILLAGE OF IRVINGTON, NEW YORK

By:
THE VILLAGE OF NORTH TARRYTOWN, NEW YORK

By:
•

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THE TOWN OF GREENBURGH

By:
THE TOWN OF MOUNT PLEASANT

By:

THE VILLAGE OF TARRYTOWN, NEW YORK

By:

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