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A Regular Meeting of the Board of Trustees of the Village of
North Tarrytown was held on Tuesday, December 17, 1991 at 8:00PM.
Present:

Mayor Frank 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 W. Spencer, Village Attorney

Mayor Rey called the meeting to order with a pledge to the flag.
Public Hearings
Trustee Hyland moved to open the first public hearing, seconded
by Trustee Nazemetz and motion carried 6-0.
William Regan read the attached public hearing notice regarding
the rear yard setback requirement.
Charles Riley, a surveyor, commented that the setback should not
be twenty-five feet because this figure is too restrictive. The
Zoning Board and Frederick P. Clark Associates had recommended a
six foot rear yard setback and he felt that the Board should take
their advice. He also stated that a survey of thirteen villages
and towns showed they supported the six foot rear yard setback.
Trustee Nazemetz asked
variance if needed.

why couldn't

applicants file for a

Mr. Riley commented that variances are messy, take up alot of
time and that twenty-five feet is over restrictive to begin with.
Trustee Treacy commented that the rear yard setback requirement
has been determined by the Building Inspector to be twenty-five
feet and since there is an ommission in the code, it needs to be
addressed. He also stated that since Mr. Riley was representing
Mr. Falasca, he questioned his motives.
Trustee Hayes felt that the twenty-five foot setback is too much
especially for existing accessory buildings, and for certain
parts of the Village.
Trustee Alter agreed with the twenty-five foot setback and stated
that a grandfather clause could be put into the code for those
existing accessory buildings so that they would not need to be
replaced.
Mario Belanich, a resident of North Washington Street, commented
that if buildings are allowed to be built close to each other,
why not accessory buildings and he felt the twenty-five foot,
setback was too much.
1

�I

Lisa Hunter, a resident of Philipse Manor, stated that: the Board
cannot make a decision based on the survey that Mr. Riley took of
thirteen municipalities.
She also stated that at a Philipse
Manor Improvement Association meeting, the Association supported
the twenty-five foot rear yard setback proposal.
There being no further comments, Trustee Hyland moved to close
the public hearing, seconded by Trustee Treacy and motion carried
6-0.
Trustee Treacy moved that the Board approve the twenty-five foot
rear yard setback, seconded by Trustee Alter. On a roll call
vote, Trustees Timmings, Hyland, Nazemetz and Hayes voted NO and
Trustees Treacy and Alter voted YES; motion failed 4-2. After the
vote, Trustee Treacy requested that the Board members who voted
no, explain their actions.
Trustee Hyland suggested the Board meet with the Zoning Board to
discuss this further. The Mayor felt that the Chairman, Jerome
Fine had discussed this at great length at a previous meeting.
Jerome Fine who was in the audience, commented that his
discussion at the last meeting reflected the opinion of the whole
Zoning Board and perhaps special use permits can be discussed
also.
Mayor Rey stated that the Trustees must go back to the drawing
board and come up with a solution.
Mayor Rey read the attached public hearing notice regarding the
NYS Senior Tax Abatement Program for rent controlled
and rent
regulated property.
James Tierney was pleased that this hearing was being held
tonight and didn't think that it would cost the Village or
taxpayers that much money. He asked the Board to consider
adopting this local law tonight.
There were no other comments from the public. Trustee Hyland
moved to close the hearing, seconded by Trustee Alter and motion
carried 6-0.
Mayor Rey commented that although he was in favor of adopting
this local law, if it becomes a financial burden on the Village,
the Board will have no choice but to rescind it.
Trustee Treacy moved to adopt this local law, seconded by Trustee
Nazemetz and motion carried 6-0.
Approval of Minutes
Trustee Hyland moved to approve the minutes of December 3, 1991
seconded by Trustee Alter.
Trustee Treacy stated that on page 2,he would like Mr. Ceconi's
comments recorded that the morale in the Highway department was
also good and that the leaf pick up has been the best it has ever
been without any overtime.
On page 3, paragraph 3, Trustee
2

�&lt;?2C

Treacy wanted his comment added "if any other Trustee proposed
amending the code to preclude party officers from Village
employment, he would support it.
Trustee Treacy commented that he would like the Trustees to meet
with the Ethics Committee to review the Ethics code.
Mayor Rey stated that he would like the discussion that took
place on Resolution #12/128/91 added to the December 3, 1991
minutes; (see additions in the December 3, 1991 minutes). With
these additions, minutes were approved 6-0.
Approval of Warrants
Trustee Hyland moved to approve the warrant and authorize the
Treasurer to pay the bills, seconded by Trustee Hayes and motion
carried 5-1 with Trustee Treacy voting No because he had
previously asked that corrections be made on the expenditure
reports and they have not been done yet. He also had questions
regarding the level of billing for Village Attorney. The money
being spent in the Highway department especially for parts and
supplies is quite high. The overall level of spending is still
too high. Total of the General Fund is $220,911.13.
Communications, Petitions &amp; Requests
The Deputy Clerk read correspondence from three residents-on Pine
Close, Mrs. Lynch,Mrs. Knapp and Mrs. Chepiga expressing their
opposition to the proposed continuation of the sidewalk on Pine
Close to the end of the street.
The Administrator read a letter from the pastor of the
Pentecostal church located at 27 Washington Street, Tarrytown,
New York requesting permission to hold their annual evangelical
service at Sykes Park on January 4 or 5, 1992. Trustee Treacy
moved to grant this permission, seconded by Trustee Nazemetz and
motion carried 6-0.
Mayor's Report
Mayor Rey presented a plaque to Joseph DiFelice, on behalf of
Captain Reggie Cardwell, proclaiming Tuesday, December 17, 1992
"Captain Reginald Cardwell Day" in North Tarrytown on the
celebration of his fifty years as an Auxiliary Policeman.
The Mayor commented that since tonight is a special night when we
celebrate the anniversary of our Village, we will dispense with
the regular agenda and close the meeting so that we can all have
refreshments.
Trustee Hyland moved to adjourn the meeting, seconded by Trustee
Timmings and motion carried 6-0.
Respectfully submitted,

Angela Everett, Deputy Village Clerk

3

�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 Tuesday, December
17, 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 of
twenty-five (25) feet 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: December 2, 1991

�2?P

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 Tuesday, December
17, 1991 at 8s00 PM in Village Hall, 28 Beekman Avenue, North
Tarrytown, New York to hear and consider a Local Law adopting the
New York State Senior Citizen Tax Abatement Program for rent
controlled and rent regulated property pursuant to the New York
State Real Property Tax Law, Article 4, Title 2, Section 467-B.
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: December 2, 1991

/•

�I
I

Meeting Date:
Resolution #

12-17-91
12-129-91

BE IT RESOLVED, the Village Administrator is authori zed to seek
bids for vehicle towing services.

MOVED Trustee Hyland

SECONDED Trustee Alter

VOTE

6-0

Meeting Date: 12-17-91
Resolution # 12-130-91
BE IT RESOLVED, that the Mayor, Board of Trustees or its
designated representative be authorized to pursue alternative
methods of sale of the Water Department building, including but
not limited to public auction, private sale and any other methods
appropriate pursuant to the laws of the State of New York and the
opinions of the Department of Audit and Control and the Attorney
General of the State of New York.

MOVED Trustee Hyland

SECONDED T r u s t e e

Tlmmin

8s

6 l

~

VOTE

Trustee Treacy voted NO.

Meeting Date: 12-17-91
Resolution # 12-131-91
BE IT RESOLVED, the Village Administrator is authorized to sign
an agreement (attached) with the Leahy Consulting Company, 23
Maple Avenue, Mount Kisco to review the Village's Workers
Compensation experience ratings.

MOVED

Trustee

Hyland

SECONDED

Trustee Nazemetz abstained.

Trustee

Timmlngs

VOTE

5

~°

�;?3.

THE LEAHY CONSULTING COMPANY
LETTER OF AGREEMENT
November 27, 1991

Mr. William T. Regan
Admini strator
Village of North Tarrytown
28 Beekman Avenue
North Tarrytown, New York 10591
Dear Mr. Regan:
This letter will serve as our entire agreement relative
to our Workers• Compensation Insurance Premium Recovery
Service.
Our firm will conduct a complete review of your last three
published Experience Rating Modifications. The purpose
of the review is to improve and revise these modifications,
thereby generating returned premiums or credits from your
carrier(s).
In order to accomplish this, we will review payrolls, classifications and claims, looking for errors, misassignments
and improperly included losses and reserves. Once identified, we will obtain an amended Rating Modification with
your carrier(s) in order to realize a refund or credit.
Our fee is 35% of the actual refunded premiums or credits
that you receive as a result of our efforts. IF THERE
IS NO RECOVERY - THERE IS NO FEE! You will not be invoiced
until you receive a check or credit from your carrier(s).
At that time, our 35% contingency consulting fee is due,
net upon presentation.
Please sign both copies of this Agreement, retaining one
for your records.

Sincerely yours,
THE LEAHY CONSULTING COMPANY

ACCEPTED BY:
Name
Title

Laurence B. Leahy
President

Signature^
Date

23 MAPLE AVENUE • MT. KKSCO • NEW YORK 10549 • (914) 241-4421

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