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A Regular meeting of the Board of Trustees of the Village of
North Tarrytown was held on Tuesday, August 17, 1993 at 8:00 PM.
Present:

Mayor Sean Treacy

Greg T. Jeffers
Nicholas Cicchetti
Michael Hyland
John T. Hayes, Jr.
Trustees
Absent:
Trustee Morris Alter
Trustee Steven Baderian
Also Present:
William T. Regan, Village Administrator
Donal M. Walsh, Jr. Village Attorney
Mayor Treacy called the meeting to order with a pledge to the
flag.
Public Hearing
Mayor Treacy read the attached public hearing notice with regard
to reducing the speed limit on Amos Street. He commented that
there were concerns from the residents about excessive speed
especially with the construction that is taking place in that
area.
There were no comments from the public. Trustee Hyland moved,
second by Trustee Cicchetti to close the public hearing, motion
carried.
Mayor Treacy read the attached public hearing notice regarding
the proposed moratorium on Route 9.
Richard Blancato, attorney for Pateman, Racanelli and Lupetin
commented he felt that their request for site plan approval for a
proposed car wash has generated this proposed moratorium. He
suggested that the Board look very carefully at this proposed
moratorium which will cause a hardship on current owners in that
area.
The proposed car wash will have no harmful effects on
traffic; retail businesses will probably cause more traffic. He
suggested that the village do a complete traffic study before
adopting this moratorium and requested that the Board reconsider
its proposal to go forth with this moratorium. He asked if an
application in progress can continue.
The Mayor stated that until such time as this moratorium is
passed, the application process can continue. The DOT has asked
for further traffic studies in that area as well as other areas.
Thomas Hoyt, resident and professional investor urged that the
moratorium be adopted in the best interest of the village to
attract investors. We need diversity. He presented an additional
petition in favor of the moratorium.
Wayne Jeffers, owner of property at 410 N. Broadway presented a
petition with approximately 300 signatures against the moratorium
1

�and commented that he felt this moratorium was being proposed due
to the proposed car wash on route 9 and felt this was unfair to
others. He wished the Board would consider approval for a
continuation of his original application. He commented that an in
depth study should be done before the moratorium is proposed.
Edward Keegan, owner of an auto shop at 285 N. Broadway for 14
years addressed the Board commenting that he does not agree with
the moratorium and that the zoning in that area should not be
changed. He felt it was unfair to the businesses in that area.
Mayor Treacy commented that this moratorium is not being proposed
because of the car wash. By preventing new auto repair shops and
gas stations from coming into that area, there will be less
competition for the existing ones. This will all take time and
proposed studies will be done for the best interest of the
overall village. He commented that we must adapt to change. GM's
closing will hurt these businesses and we need tourism. A
business closed for one year then becomes non-conforming.
Dennis Fitzgerald, attorney for the owners of 281 N. Broadway,
spoke against the moratorium and was in favor of building up the
businesses in this village. He suggested that the Board look
into the entire business (zoning) area in the village, not just
route 9 (spot zoning). This moratorium would be a detriment to
the possible sale of the properties in this area.
The Mayor commented that the zoning code may be amended from time
to time. The village cannot afford to adopt a master plan for
the whole village.
David Stolman of Frederick P. Clark Associates disagreed with Mr.
Fitzgerald on spot zoning. He commented that spot zoning is for
small areas and that they are looking at comprehensive studies
for a fairly large area.
Richard Gerber, of Phelps Memorial Hospital wanted to know if
their project was going to be affected. The Mayor commented that
they are outside of this zone.
Mr. Blancato wanted to know if a moratorium was necessary in
order to do this study since there is no emergency. In 1980 a
study was done for a part of the village; no change in zoning at
that time, in 1988 Frederick P. Clark's study showed no change in
the zoning, therefore gas stations are not non-conforming uses.
Mayor Treacy commented that the master plan of Census Tract 116
dealt with the inner village area specifically the Beekman Avenue
corridor. Much of the plan was based on the fact that GM would be
in existence well into the future.
Changes now need to be
addressed.
There being no further comments from the public, Trustee Hyland
moved, second by Trustee Cicchetti to close the public hearing,
motion carried.
2

�Discussion among the Trustees ensued.
Trustee Jeffers commented that he felt there was some sort of
political agenda behind this moratorium. He did not think the car
wash and GM closing was that big of an issue. He stated that the
language in the last paragraph of the proposed moratorium
regarding the thirty day extension was inappropriate because it
meant it could be extended continually for thirty days at a time.
He commented that he was against the car wash but does not think
the moratorium is the right thing to do and it does not have
anything to do with his brother's application.
Trustee Jeffers stated for the record that according to the
Ethics Code he cannot vote on this proposed law but could make
comments. He stated if this resolution passes, it will cost the
village over $100,000. in litigation fees and hoped that the
other trustees would not vote in favor of this moratorium.
Mayor Treacy stated that the moratorium is dealing with the
entire route 9 corridor and is not about the proposed car wash.
Approval of Minutes
Trustee Hyland moved, second by Trustee Cicchetti to approve the
minutes of July 13, 1993. Mayor Treacy commented there were a
few additions/corrections. Page 2, 8th paragraph, "
the
Tappan Zee East proposal has been designated as a New York State
Scenic district, page 3, 3rd paragraph, "
for gas stations
and automotive use, claiming economic studies are needed...."last
paragraph "More trees and plants will be planted throughout the
project area on Bedford Road", page 4, paragraph 8, "...lumber
for picnic shelters....."and under Old Business Trustee Hyland
also asked the Village Attorney about combining the Village
Prosecutor and Attorney into one position but has not received
an answer, with these corrections/additions, motion carried 5-0.
Approval of Warrants
Trustee Hyland moved, second by Trustee Hayes to approve the
warrants and authorize the Treasurer to pay the bills. Total of
the General Fund is $213,943.93 and the Water Department fund
total is $ 38,495.24.
Communications, Petitions &amp; Requests
Deputy Clerk read correspondence from Francisco Corona informing
the village that they have filed for an eating place beer
license; referred to the Police Chief.
Deputy Clerk read correspondence from Richard Chulla advising the
Board that Octavio Pais has passed as a driver of Pocantico Hook
and Ladder and David Eliazarian elected to Rescue Hose and Jason
Andreorio elected to the Ambulance Corps. Trustee Hyland moved,
second by Trustee Cicchetti to approve these appointments and
motion carried 5-0.

3

�Deputy Clerk read correspondence from Ms. Fries, Town Clerk,
requesting permission to use our premises on primary day,
September 14, 1993.
Trustee Hyland moved, second by Trustee
Cicchetti to approve her request, motion carried.
Mayor Treacy received a letter from E.W. Frandsen protesting the
proposed moratorium on route 9.
The Mayor has received a petition with 115 signatures against the
proposed Phelps incinerator and a letter from Lee Parrier
opposing to the proposed incinerator.
He received correspondence from the Fire Parade Committee
thanking the village for all their help and cooperation in making
their first annual parade a success.
Mayor Treacy received correspondence from the Recreation
Commission commending Michele DeAcutis for her fine work this
past year as Recreation Leader and recommended a salary increase.
Two other letters were received commending Michele on the great
job she did with the day camp; one from Don Reid and one from
Mariana Hutter. (letters placed in her file).
The Mayor commented that we have received a check for $9543.02
from Continental Cablevision's franchise fee taxes for the
quarter ending June 31, 1993.
The Mayor was in receipt of a copy of a letter from Sonya Munroe
of New Broadway addressed to Barry Samuel, Westchester County
Parks Commission, requesting that the foot bridge over to
Kingsland Point be restored.
Correspondence was received from Klaus Schmidt suggesting that
the village might look into the possibility of Amtrak using the
GM site for their upcoming plans to build the proposed high speed
trains.
The Mayor has received correspondence from the NYS Urban
Development Corporation informing us of their new one year Urban
Fellowship Program. Anyone interested can contact Mary Musca at
212-930-0460. Brochure to be posted on bulletin board in Village
Hall.
Mayor Treacy received a petition from residents of Webber Park
opposing the proposed car wash on Broadway.
He has received more petitions supporting the proposed moratorium
on the route 9 corridor.
Mayor Treacy was in receipt of a letter from Pearl Wolf,
Chairperson of The National Council of Jewish Women asking the
Village to declare September 9, 1993 NCJW's "Day of the Working
Parent" and to issue a proclamation.

4

�Trustee Cicchetti has received a response from the New York
Secretary of State recognizing the importance of the Local
Waterfront Revitalization Program especially in light of the
upcoming plant closing. Jeff Beach is the person in charge of
working on the LWRP. Trustee Cicchetti commented that this
project has not cost the village any money, it has been done by
the State people.
Public Comments-Agenda Items
Mario Belanich asked how much the Village will be paying
Frederick P. Clark to do the study, how many people signed the
petition against the moratorium, where did this idea come from,
is Jim Hart a new employee, and about the position of the
Recreation Leader.
He commented he was not in favor of the
proposed moratorium.
Mayor Treacy responded that the idea has been spoken about for a
number of years, but nothing had been done.
The Village Administrator responded that the study will cost
$6000., there were approximately 300 signatures against the
moratorium, Jim Hart has been working approximately 10 hours a
week as needed taking the place of former employee Sanjay Shah
who worked on a part time basis after he left, and the Recreation
Leader has been working for us for a year and she is now
permanent after passing the civil service test.
Frank Occhipinti commented he wondered why Trustee Jeffers stated
that the moratorium will cost the village money in litigation,
yet he voted to support Trustee Hyland in the lawsuit.
Mayor's Report
Mayor Treacy reported that as part of the proposed moratorium,
the village is required as part of the SEQRA law to file an
environment assessment form with this proposed action regarding
the moratorium.
He then filed negative declarations for the
Village of North Tarrytown regarding the interim zoning law of
the Village of North Tarrytown. (Part of official minutes)
The Mayor and William Regan attended two days of very informative
seminars
on economic development at West Point such as the
complete process for filing for grants which they will follow
through an application on the proposed greenway. The Mayor
commented that Dr. Michael Masias attended one program on
Thursday in his place.
Mayor Treacy reported that the Beekman Avenue project is coming
under budget with approximately $20,000. left over and the
project will continue down part of Cortlandt Street. We will be
going out to bid after Labor Day for the 50/50 Urban Development
grant storefront improvement program.
Mayor Treacy met with Evelyn Carneselly from County Executive
0'Rourke's office to discuss the Greenway project linking to
Kingsland Point Park. There is grant money available under the
ISTEA program to preserve the bridge. The village would have to
5

�I

come up with $40,000. in order to receive this grant money. The
Hudson Valley Writer's Center would like to do refurbish the
Philipse Manor Train station to use for poetry reading, etc. and
the Mayor will be applying for ISTEA grant money for this
purpose.
The fire department parade was a great success.
The Incinerator Committee visited MonteFiore hospital and were
impressed with their disposal system. They met with vendors, auto
claving, chemical stabilization and dumpster carting companies;
Phelps is actively seeking alternate ways to dispose of their
waste.
Last Thursday the GM Local Task Force met to discuss feasibility
studies and what is the best usage for the GM property; GM and
the Village met to discuss the Reclamation Law which GM is not
very happy with. There will be another meeting next week with the
village and GM.
Trustee's Reports
Trustees Jeffers and Hyland had no reports.
Trustee Cicchetti reported that the Police committee asked the
police department to do a traffic study from 7AM-9AM on route 9
from the corner of Beekman Avenue to Phelps Memorial Hospital in
response to the number of accidents which occur, especially cars
making left hand turns into the Manors going north. The study
showed that more than half the cars were exceeding the speed
limit of 45 mph. He would like to discuss lowering the speed
limit on that road and repainting left turn lines going north in
the left lane at the next work session.
Brief discussion ensued. The Administrator commented that he has
written another letter to the DOT asking them what happened to
our original request to repaint these lines.
Trustee Jeffers commented that perhaps route 9 should be widened
for safety.
Some people had suggested that the entrance and
exits be made into cul-de-sacs.
Trustee Hayes commented that issuing more summonses might help to
slow down the drivers on route 9 or perhaps it should be treated
as a major highway.
Trustee Cicchetti stated it is not a super highway; it is just a
road that goes through our village.
Trustee Hayes commented that there was no library report yet.
The Fire Chief met with the Board at their work session to
discuss his need for a platform truck and fire patrol truck and
commented a demonstration of the truck can be done. The Board
will discuss this further at their next work session and the
Administrator is waiting for figures on the cost and how to
finance the purchase.
6

�/3/

Administrator's Report
William Regan read the Zoning Board agenda for August 18th and
the Planning Board agenda for August: 19th. The ARB meeting will
be held on August 25th. He read the Prosecutor's report through
July 15th.
The Administrator reported the paving program has been delayed
due to the fact that the roller will not be delivered until
September. The curbs on Valley Street will be done over the next
couple of weeks in preparation for the paving of the road.
The 8th Annual Street Festival and race will be held on September
11th.
Phase II of the Beekman Avenue sidewalk project is 75% completed.
Resolutions-Attached
Old Business-Nona
New Business-None
Executive SessionThe Board adjourned to executive session to discuss pending
litigation but no formal action was -taken.
There being no further business, Trustee Cicchetti moved, second
by Trustee Hyland to adjourn the meeting; motion carried.
Respectfully submitted,

Angela Everett
Deputy Village Clerk

7

�PUBLIC 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, August 17,
1993 at 8:00 PM, Village Hall, 28 Beekman Avenue, North Tarrytown
New York, to hear and consider a proposed local law amending
Chapter 57-46 of the Code of the Village of North Tarrytown
entitled "Vehicle and Traffic" to add Section (G) as follows:
G.
Fifteen miles per hour is hereby established as the
maximum speed at which vehicles may proceed within the corporate
limits of this village on the following street:
1.

The entire length of Amos Street.

All taxpayers, residents and parties in interest are entitled to
attend and be heard at said hearing.

By Order of the Board of Trustees
Angela Everett, Deputy Village Clerk
Dated: July 28, 1993

�VILLAGE OF NORTH TARRYTOWN

PUBLIC NOTICE
•

NOTICE IS HEREBY GIVEN that the Village ofNorth Tanytown Board of Trustees
will hold a public hearing on Tuesday, August 17,1993 at Village Hall, 28 Beekman
Avenue, North Tanytown, New York at 8:00 P.M., or as soon thereafter as possible, to'
hear public comments regarding the adoption of a local law regulating for an interim
period the issuance of building permits and certificates of occupancy, the approval of
subdivision plats and the approval of site plans in the area designated as C-I, Highway
Commercial, otherwise known as the Route 9 Corridor. Said local law, if adopted, would
impose a moratorium on development in said area for a period of ninety (90) days during
which time the Board of Trustees will consider the adoption of amendments to the zoning
code.
Said local law shaH be entitled INTERIM ZONING LAW OF THE VILLAGE OF
NORTH TARRYTOWN.
At such hearing all interested persons will be given an opportunity to be heard.
A copy of the proposed local law, with all accompanying documents, will be on file in the
Village Gerk's Office, 28 Beekman Avenue, Norm Tanytown, New York for review by
the public.
m
Dated: July 2 8 , 1 9 9 3
By Order of the Board of Trustees
William T. Regan-Village Administrator/Clerk

�Meeting Date:
Resolution #:

08-17-93
08-100-93

BOND RESOLUTION, DATED August 17
1993, AUTHORIZING
THE ISSUANCE OF $327,990 SERIAL BONDS OF THE VILLAGE OF
NORTH TARRYTOWN PURSUANT TO THE LOCAL FINANCE LAW, TO
FINANCE VARIOUS PROJECTS FOR THE VILLAGE AND
APPROPRIATING THE PROCEEDS TO SUCH PURPOSES.
*

*

*

*

*

*

BE IT RESOLVED by the Board of Trustees of the Village
of North Tarrytown, in the County of Westchester, New York, (the
"Village") as follows:
Section 1. The Village shall issue its Serial Bonds in
the aggregate principal amount of $327,990 pursuant to the Local
Finance Law of New York, to finance the specific objects or
purposes hereinafter described.
Section 2. The specific objects or purposes
(hereinafter referred to as "purposes") to be financed by the
issuance of such Serial Bonds are (a) reconstruction of the
Village administration buildings and the acquisition of original
furnishings, equipment, machinery or apparatus therefor, at an
estimated maximum cost of $30,000; (b) the acquisition of a
police passenger van to replace one in service for one year or
more, at an estimated maximum cost of $11,500; (c) the
acquisition of equipment for the police department, at an
estimated maximum cost of $2,490; (d) the acquisition of
equipment for the fire department, at an estimated maximum cost
of $30,000; (e) reconstruction of various fire department
buildings at an estimated maximum cost of $5,000; (f)
reconstruction and resurfacing of Beekman Avenue at an estimated
maximum cost of $125,000 ($25,000 to be funded with the proceeds
of bonds hereby authorized and $100,000 to be funded from
Community Development Block Grant funds) including sidewalks,
curbs, gutters, drainage, landscaping and grading; (g)
reconstruction of curbs, sidewalks and gutters in the Village at
an estimated maximum cost of $70,000 ($3 0,000 to be funded with
State grants and $4 0,000 to be funded with the proceeds of bonds
hereby authorized); (h) the acquisition of a pavement roller at
an estimated maximum cost of $35,000; (i) the acquisition of
parking meters at an estimated maximum cost of $10,000; (j)
acquisition of recycling bins for the Village sanitation
department at an estimated Maximum cost of $6,000; (k) the
acquisition of a passenger vehicle for the parks department to
replace a vehicle in use for more than three years, at an
B 56280 00612 B70061.1
07/14/93 IO;3I«ii

�/S'J

estimated maximum cost of $11,000; (1) the acquisition of a pickup truck for the parks department at an estimated maximum cost of
$11,000; (m) acquisition of equipment for the Devries playground
and picnic shelter at an estimated maximum cost of $19,000; (n)
acquisition of equipment for Barnhart Park, at an estimated
maximum cost of $10,000; (o) acquisition of equipment for backhoe
for water department, at an estimated maximum cost of $17,000;
and (p) acquisition of a dump truck for the water department at
an estimated maximum cost of $65,000; and costs incidental to the
foregoing purposes. The proceeds of such obligations are hereby
appropriated to such purposes.
Section 3. It is hereby determined and stated that no
money has heretofore been authorized to be applied to the payment
of the cost of such purposes except amounts identified in Section
2 above. Otherwise, the Village plans to finance such costs
entirely from funds raised by the issuance of the obligations
authorized by this bond resolution.
Section 4. It is hereby determined that the purpose
are described in Subdivisions 12, 77, 32, 32, 12, 20(c)(d) or
(e), 24, 32, 50, 32, 77, 28, 32, 32, 32 and 28, respectively of
Paragraph a of Section 11.00 of the Local Finance Law, and that
the period of probable usefulness of each such purpose shall be
five years except for purpose 2(b) and 2(k) which have a period
of probable usefulness of three years.
Section 5. Subject to the terms and conditions of this
resolution and of the Local Finance Law, and pursuant to the
provisions of Sections 30.00, 50.00 and 56.00 to 60.00,
inclusive, of the Local Finance Law, the power to authorize Bond
Anticipation Notes in anticipation of the issuance of the Serial
Bonds authorized by this resolution and the renewal of such
notes, and the power to prescribe the terms, form and contents of
said Serial Bonds and Bond Anticipation Notes, and the power to
sell and deliver said Serial Bonds and any Bond Anticipation
Notes issued in anticipation of the issuance of such bonds is
hereby delegated to the Village Treasurer, the Chief Fiscal
Officer of the Village. The Village Treasurer is hereby
authorized to sign any Serial Bonds issued pursuant to this
resolution and any Bond Anticipation Notes issued in anticipation
of the issuance of such Serial Bonds, and the Village Clerk is
hereby authorized to impress the corporate seal of the Village to
any of said Serial Bonds, or on any Bond Anticipation Notes and
to attest seal. In the alternative, the Serial Bonds may be
signed with the facsimile signatures of the appropriate Village
officials and the Serial Bonds may be authenticated by a fiscal
agent. The Chief Fiscal Officer of the Village is also hereby
authorized to issue a "statutory installment bond" in lieu of
Serial Bonds subject to the terms of this resolution applicable
to Serial Bonds.
Section 6. When this resolution shall have taken
effect in the manner provided by law, this resolution shall be
B 56280 00612 B7006I.1
07/14/93 10:31 «n

�published in full by the Village Clerk of the Village together
with a notice in substantially the form prescribed by Section
81.00 of said Local Finance Law and such publication shall be in
"The Daily News". The validity of said Serial Bonds or of any
Bond Anticipation Notes issued in anticipation of the sale of
said Serial Bonds may be contested only if such obligations are
authorized for object or purpose for which the Village is not
authorized to expend money, or the provisions of law which should
be complied with at the date of the publication of this
resolution are not substantially complied with, and an action,
suit or proceeding contesting such validity, is commenced within
twenty days after the date of such publication; of if said
obligations are authorized in violation of the provisions of the
Constitution of New York.
adoption.

Section 7.

MOVED: Trustee Hyland

B 5628000612 B70W1.1
07/14/93 10;31«a

This resolution shall take effect upon

SECONDED:Trustee Cicchetti

VOTE: 5-0

�Meeting Date:
Resolution #:

08-17-93
08-101-93

A local law entitled INTERIM ZONING LAW OF THE VILLAGE OF NORTH
TARRYTOWN.
Be it enacted by the Board of Trustees of the Village of North Tarrytown as follows:
A local law regulating for an interim period the issuance of building permits and
certificates of occupancy, extensions of building permits, the approval of subdivision
plats and the approval of site plans in the area designated as C-l, Highway
Commercial.
Be it enacted by the Village Board of the Village of North Tarrytown, as follows:
I.

SHORT TITLE
This local law shall be known and may be cited as the Interim Zoning Law of the

Village of North Tarrytown.
IL

LEGISLATIVE INTENT AND FINDINGS OF FACT
A.

BACKGROUND:

The Village of North Tarrytown is concerned about

land use and development trends in the village, as well as preserving and retaining the
historic aspects of certain areas of the community, especially the area that is known as the
"Route 9 corridor."
The Village intends to review the standards, objectives and development goals in
that area to better effectuate both the growth of North Tarrytown and the enhancement of
that part of the community that is its most visible and major thoroughfare. The zoning
laws were enacted for that area in the mid-1950's and may no longer be indicative of the
goals and concerns of the community. There are several objectives of possible changes
currently being considered, as follows:
1.

To maintain a comprehensive plan for the corridor to promote the most
beneficial relationship among residential, commercial, historic and public
areas.

2.

To preserve the natural beauty and historic landmarks.

3.

To maintain adequate traffic flow and reduce/avoid traffic congestion.

�!

4.

i

To preserve the quality of life of the surrounding historical and residential
areas.

5.

To promote and enhance the historic character of the Village and
encourage the use of the community's historic landmarks and sites by
residents and non-residents alike.

6.

To recognize the aging infrastructure of the Village and take steps to
prevent any further overload of its resources.

7.

To recognize the historic and educational value of the Route 9 corridor as
a means of providing enjoyment and unique educational benefits to all
visitors.

8.

To promote the historic nature of the area as a way of enhancing and
promoting business in the community.

9.

To protect and enhance the Village's attractions to tourists and visitors and
the support and stimulus to business thereby provided.

10.

To provide a safe thoroughfare for pedestrians and motor vehicles.

For these purposes, the Village intends to review the current zoning regulations of
the Route 9 corridor in an orderly, concise, efficient and deliberate manner. It intends to
review current research, studies and surveys, where available, to consider commissioning
new studies, and will present findings and recommendations to the public through
informational meetings and formal public hearings. If this procedure leads the Village
Board to determine that zoning changes are necessary, this can lead to the creation and
adoption of amendments to the present zoning code and subdivision regulations of the
Village.
B.

LEGISLATIVE FINDINGS OF FACT:

The Village does hereby find, pending the completion of the necessary surveys,
studies, meetings, hearings and other actions incident to proper consideration and
decisions upon possible revisions and amendments of the Village zoning ordinance and
2

�subdivision regulations, and to reflect such planning as has been indicated above, that
appropriate measures must be taken to secure a reasonable interim period to protect the
public interest in the various considerations cited above.
C.

LEGISLATIVE INTENTS

Pursuant to authority duly vested in it, to preserve its intended objectives and
insure future possible implementation of new regulations it may deem necessary, the
Village Board hereby adopts reasonable protective interim regulations during preparation
and consideration of the possible aforesaid prospective changes in the zoning ordinance
and subdivision regulations. Premature land development in the C-l zone could prejudice
the integrity and objectives as set forth above and can result in the establishment of land
use patterns which might be inconsistent with and in violation of the intent of said possible
zoning changes.
The Village Board further has provided herein for a review and appeals procedure
to avoid or minimize any inequities or hardships which may derive from the strict
application of these regulations.
m.

SCOPE OF CONTROLS

During the effective period of this law and effective as provided herein:
1.

No building permit or certificate of occupancy shall be issued by the

Building Inspector for construction in the above zone regardless of the fact that an
application therefore has been filed with the Building Inspector prior to the effective date
of this law.
2.

The Planning Board shall not grant any preliminary or final approval for

such subdivision plat in the above zone regardless of the fact that an application for such
subdivision plat has been submitted to the Planning Board prior to the effective date of
this local law.

3

�3.

The Planning Board shall not grant any approval to a site plan in the above

zone regardless of the fact that such site plan has been submitted to the Planning Board
prior to the effective date of this local law.
4.

The Zoning Board of Appeals and the Planning Board shall not grant a

special permit for land use in the above zone regardless of the fact that an application
therefore has been submitted prior to the effective date of his law.
The foregoing restriction on the issuance of building permits and certificates of
occupancy shall not apply to the following:
1.

Applications for additions or alterations of existing structures, provided

same do not violate existing zoning requirements.
2.

Certificates of occupancy for any and all construction made pursuant to

building permits issued prior to the effective date of this local law, provided that
construction thereon has substantially commenced prior to the effective date of his local
law and said construction is diligently pursued within the time permitted by the respective
building permit.
3.

Building permits and certificates of occupancy for structures on lots within

subdivision plats which have received final approval, as defined by the subdivisions
regulations of the Village of North Tarrytown, and filed with the County Clerk, prior to
the effective date of his local law.
No building permit shall be renewed once having expired except in accordance
with the provisions of this local law.
The Village Board reserves the right to direct the Building Inspector to revoke or
rescind any building permits or certificates of occupancy issued in violation of this local
law on or after the date of publication of the legal notice establishing the public hearing
pertaining to adoption of this local law.

4

�IV.

APPEAL PROVISIONS

The Village Board shall have the power to vary or modify the application of any
provision of this local law upon its determination, in its absolute legislative discretion, that
such variance or modification is consistent with the spirit of its current objectives upon
which this local law is based and with the health, safety, morals and general welfare of the
Village. An application for such a variance or an application for an extension of a building
permit shall be filed upon such a form as the Village Clerk may prescribe and shall be filed
with said Village Clerk for the Board's consideration at its next regular meeting to be held
a maximum of fifteen (15) days subsequent to the filing of said application.
Upon receiving any application for such variance, modification or extension of a
building permit, the Village Board shall refer such application to the Planning Board for a
report of said Planning Board with respect to the effect of the prospective variance or
modification upon the studies under way in light of the above objectives. To expedite the
appeal, the Village Clerk shall forward, within forty-eight (48) hours after receipt of same,
all applications for relief to the Planning Board for its report.

Such report shall be

returned by the Planning Board to the Village Board prior to the scheduled hearing date.
V.

PENALTIES

Any person, firm, entity or corporation that shall construct, erect, enlarge or alter
any building or structure, in violation of the provisions of this local law or shall otherwise
violate any of the provisions of this local law shall be subject to such penalties as may
otherwise be provided by resolution of the Village of North Tarrytown for such violation.
VI.

VALIDITY

The individuality of any word, section, clause, paragraph, sentence part or
provision of this local law shall not affect the validity of any other part of this local law
which can be given effect without such invalid part or parts.

5

�I

VEL

REPEAL OF OTHER LAWS

All ordinances or parts of ordinances in conflict with the provisions of this local
law are hereby repealed to the extent necessary to give this local law full force and effect
during the effective period.
Vm.

EFFECTIVE DATE

This local law shall take effect immediately, as provided by law, and shall remain in
force for a consecutive period of ninety (90) days from its effective date. This local law is
subject to review and renewal by resolution of the Board of Trustees for additional thirty
(30) day maximum periods.

MOVED:

SECONDED;

VOTE:

TRUSTEE HYLAND MOVED TO TABLE THIS RESOLUTION UNTIL THE WHOLE
BOARD IS PRESENT, SECOND BY TRUSTEE HAYES AND MOTION CARRIED5-0.

6

�Meeting Date:
Resolution #:

08-17-93
08-102-93

Be It Resolved the Board of Trustees authorizes the Village
Administrator to sell the following surplus equipment to the
highest bidder:
1974 - Elgin Dump Truck
Vin #: 22671DCA14697 - Orange
1978 - Elgin Pelican Sweeper
1985 - Chevrolet Celebrity 4 Door
Vin #: 1G1AW19R3FG136030 - Dark Blue
1984 - Chevrolet Impala 4 Door
Vin #: 2GIAL696OE9273130 - Blue/White
1986 - Chevrolet Caprice 4 Door
Vin #: 1G1BL6965GX178359 - White
MOVED: Trustee Hayes
Meeting Date:
Resolution #:

SECONDED: Trustee Hyland

VOTE: 5-0

08-17-93
08-103-93

Be It Resolved the Board of Trustees authorizes the Mayor to sign
an agreement with the North Tarrytown Municipal Employees Unit
for the period June 1, 1993 through May 31, 1994 providing for a
4% salary increase and other terms and conditions of employment
for the members of said unit.
MOVED: Trustee Hyland
Meeting Date:
Resolution #:

SECONDED: Trustee Jeffers

VOTE:5-0

08-17-93
08-104-93

Be It Resolved the Board of Trustees approves a four percent
salary increase for all non-union employees effective June 1,
1993.
MOVED: Trustee Hyland
Meeting Date:
Resolution #:

SECONDED:Trustee Hayes

VOTE: 5-0

08-17-93
08-105-93

Be It Resolved the Board of Trustees hereby approves the
appointment of Michelle DeAcutis to the position of Recreation
Leader from the civil service Eligible List No: 68-869 effective
August 17, 1993. Said appointment is subject to final approval
by the Westchester County Civil Service Commission and Personnel
Office.
MOVED: Trustee Hyland

SECONDED: T r u s t e e

H

*yes

VOTE: 5 ~°

�Meeting Dates
Resolution #:

08-17-93
08-106-93

Be It Resolved the Board of Trustees awards the bid for the
purchase of parking meters to
POM, Inc.
for the price of $190.68
f a s the lowest bidder.
MOVED; Trustee Hyland

Meeting Date:
Resolution #:

SECONDED {Trustee Jeffers

VOTE:__5-0

08-17-93
08-107-93

Be It Resolved the Board of Trustees approves the professional
service employment of James Hart, 33 Kendall Avenue, North
Tarrytown, at the rate of $2 5. per hour to provide accounting,
computer and financial analysis services to the Village.
MOVED: Trustee Hayes
Meeting Dates
Resolution #:

SECONDEDs Trustee Cicchettiyorpgs

5-0

08-17-93
08-108-93

Be It Resolved the Board of Trustees authorizes the Mayor to
execute an agreement with Frederick P. Clark Associates, Inc. for
professional services to study the C-l Highway Commercial
District along Route 9 and make recommendations to the Board of
Trustees for the future zoning of that corridor.
MOVEDS Trustee Hvland
SECONDED3Trustee CJ£CJlfiJLLffOTB* 4-Q
Trustee Jeffers abstained.
Meeting Dates
Resolution #:

08-17-93
08-109-93

Be It Resolved the Board of Trustees schedules a public hearing
for Tuesday, September 7, 1993 to consider creating a full stop
intersection on Clinton Street at Depeyster Street both north and
south bound.
MOVED8 Trustee Hyland

Meeting Date:
Resolution #8

SECONDED:Trustee Haves

VOTE8 5-0

08-17-93
08-110-93

Be It Resolved the Board of Trustees schedules a public hearing
for Tuesday, September 7, 1993 to consider creating alternate
side parking regulations for Continental Street and Pleasant
Street on Tuesdays and Thursdays between the hours of 9:00 AM and
Noon for the purpose of street cleaning.
MOVED: TrnafPP HylflnH

SECONDED:Trustee Hayes

V O T E : 5-0

�ftr

Meeting Date: 08-17-93
Resolution #: 08-111-93
WHEREAS, the Board of Trustees determines that there are no other
involved agencies with regard to the Interim Zoning law of the
Village of North Tarrytown,
THEREFORE, BE IT RESOLVED, that the Board of Trustees declares
itself lead agency for the SEQR process.
MOVED: Trustee Cicchetti

SECONDED:Trustee Hayes

VOTE ._4-0

Trustee Jeffers abstained.
Meeting Date:
Resolution #:

08-17-93
08-112-93

WHEREAS, pursuant to Article 8 of the Environmental Conservation
Law (State Environmental Quality Review Act), the Board of
Trustees of the Village of North Tarrytown has declared itself
lead agency with regard to the adoption of an Interim Zoning Law
of the Village of North Tarrytown; and
WHEREAS, the Board of Trustees has reviewed the proposed action
and held a public hearing on August 17, 1993 at 28 Beekman
Avenue, North Tarrytown, New York pursuant to a duly published
notice and has reviewed the EAF submitted by Frederick P. Clark
Associates;
NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees
determines that the proposed action will not have a significant
effect on the environment and a Draft Environmental Impact
Statement will not be prepared; and
BE IT FURTHER RESOLVED, that the Board of Trustees adopts and
incorporates the attached statement of reasons for negative
declaration as part of this resolution.
MOVED: Trustee Hyland

^SECONDED: Trustee Hayes

Trustee Jeffers abstained.

VOTE: 4-0

�A^.

14-16-2 (2/87)-7c

_ _ _

617.21
Appendix A
State Environmental Quality Review

SEQR

FULL ENVIRONMENTAL ASSESSMENT FORM
Purpose: The full EAF is designed to help applicants and agencies determine, in an orderly manner, whether a project
or action may be significant. The question of whether an action may be significant is not always easy to answer. Frequently, there are aspects of a project that are subjective or unmeasureable. It is also understood that those who determine
significance may have little or no formal knowledge of the environment or may be technically expert in environmental
analysis. In addition, many who have knowledge in one particular area may not be aware of the broader concerns affecting
the question of significance.
The full EAF is intended to provide a method whereby applicants and agencies can be assured that the determination
process has been orderly, comprehensive in nature, yet flexible to allow introduction of information to fit a project or action.
Full EAF Components: The full EAF is comprised of three parts:
Part 1: Provides objective data and information about a given project and its site. By identifying basic project
data, it assists a reviewer in the analysis that takes place in Parts 2 and 3.
Part 2: Focuses on identifying the range of possible impacts that may occur from a project or action. It provides
guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentiallylarge impact. The form also identifies whether an impact can be mitigated or reduced.
j
Part 3: If any impact in Part 2 is identified as potentially-large, then Part 3 is used to evaluate whether or not thel
impact is actually important.
|

DETERMINATION OF SIGNIFICANCE-Type 1 and Unlisted Actions
Identify the Portions of EAF completed for this project:

B

Part 1

£28

Part 2

DPart 3

Upon review of the information recorded on this EAF (Parts 1 and 2 and 3 if appropriate), and any other supporting
information, and considering both the magitude and importance of each impact, it is reasonably determined by the
lead agency that:
&amp;

A. The project will not result in any large and important impacts) and, therefore, is one which will not
have a significant impact on the environment, therefore a negative declaration will be prepared.

D

B. Although the project could have a significant effect on the environment, there will not be a significant
effect for this Unlisted Action because the mitigation measures described in PART 3 have been required,
therefore a CONDITIONED negative declaration will be'prepared.*

D

C. The project may result in one or more large and important impacts that may have a significant impact
on the environment, therefore a positive declaration will be prepared.
" A Conditioned Negative Declaration is only valid for Unlisted Actions

Interim Zoning Law of the Village of North Tarrytown
Name of Action
Board of Trustees of the Village of North Tarrytown
Name of Lead Agency
William T. Regan

Village Administrator

Print or Type Name of Responsible Officer in Lead Agency

Title of Responsible Officer
Jim Donovajynfl,**'

Signature of Responsible Oii\cer in Lead Agency

X*

Signature of ^fepa^r (If different from responsible officer)

Date

1

�t*t-

PART 1 —PROJECT INFORMATION
Prepared by Project Sponsor
NOTICE: This document is designed to assist in determining whether the action proposed may have a significant effect
on the environment. Please complete the entire form, Parts A through E. Answers to these questions will be considered
as part of the application for approval and may be subject to further verification and public review. Provide any additional
information you believe will be needed to complete Parts 2 and 3.
It is expected that completion of the full EAF will be dependent on information currently available and will not involve
new studies, research or investigation. If information requiring such additional work is unavailable, so indicate and specify
each instance.
NAME OF ACTION

I n t e r i m Zoning" Law of t h e V i l l a g e of North Tarrytown
LOCATION OF ACTION (Include Street Address, Municipality and Count/)

C - l , Highway Commercial p o r t i o n of the Route 9 C o r r i d o r , North Tarrytown, Westchester
BUSINESS TELFPHONE County
V i l l a g e of North Tarrytown Board of T r u s t e e s
( 914 ) 631-1440

NAME OF APPLICANT/SPONSOR
ADDRESS

V i l l a g e H a l l , 28 Beekman Avenue
CITY/PO

STATE

NY

North Tarrytown
NAME OF OWNER (If different)

ZIP CODE

10591

BUSINESS TELEPHONE

(

)

ADDRESS
CITY/PO

STATE

ZIP CODE

DESCRIPTION OF ACTION

A l o c a l law which r e g u l a t e s , for an i n t e r i m p e r i o d , t h e i s s u a n c e of b u i l d i n g permits
and c e r t i f i c a t e s of occupancy, t h e a p p r o v a l of s u b d i v i s i o n p l a t s and the approval of
s i t e plans and s p e c i a l p e r m i t s in the a r e a d e s i g n a t e d a s C - l , Highway Commercial l o c a t e d
in the Route 9 C o r r i d o r .
Please Complete Each Question—Indicate N.A. if not applicable
A. Site D e s c r i p t i o n

**Not

Applicable

- See

Attachment**

Physical setting of overall project, both developed and undeveloped areas.
1. Present land use:
Durban
Dlndustrial
DCommercial
OResidential (suburban)
DForest
DAgriculture
DOther
2. Total acreage of project area:
acres.
APPROXIMATE ACREAGE
Meadow or Brushland (Non-agricultural)
Forested
Agricultural (Includes orchards, cropland, pasture, etc.)
Wetland (Freshwater or tidal as per Articles 24, 25 of ECL)
Water Surface Area
Unvegetated (Rock, earth or fill)
Roads, buildings and other paved surfaces
Other (Indicate type)
:

_______

_

PRESENTLY
acres
acres
acres
acres
. acres
acres
acres
acres

DRural (non-farm)

AFTER COMPLETION
acres
-__»»___»
acres
_____________________ acres
_
acres
«
acres
acres
,
, acres
acres

3. What is predominant soil type(s) on project site?
,
a. Soil drainage;
D W e l l drained
% of site
DModerately well drained
% of site
DPoorly drained
% of site
b If any agricultural land is involved, how many acres of soil are classified within soil group 1 through 4 of the NYS
Land Classification System? __________ acres. (See 1 NYCRR 370).
4. Are there bedrock outcropping* on project site?
a What is depth to bedrock?

DYes
DNo
(in feet)
2

�5. Approximate percentage of proposed project site with slopes:

DO-10%
D 1 5 % or greater

%

D10-15%_
%

%

6. Is project substantially contiguous to, or contain a building, site, or district, listed on the State or the National
Registers of Historic Places?
DYes
DNo
/ . Is project substantially contiguous to a site listed on the Register of National Natural Landmarks?
8. What is the depth of the water table?

DYes

DNo

(in feet)

9. Is site located over-a primary, principal, or sole source aquifer?

DYes

DNo

10. Do hunting, fishing or shell fishing opportunities presently exist in the project area?

DYes

DNo

11. Does project site contain any species of plant or animal life that is identified as threatened or endangered?
DYes
DNo
According to _ _
____
L__
Identify each species
•
,
„_
12. Are there any unique or unusual land forms on the project site? (i.e., cliffs, dunes, other geological formations)
DYes
DNo
Describe
13. Is the project site presently used by the community or neighborhood as an open space or recreation area?
DYes
DNo
If yes, explain
fl
14.

Does the present site include scenic views known t o be important t o the community?
DYes
DNo

fl
|

15. Streams within or contiguous to project area:
a. Name of Stream and name of River to which it is tributary
16. Lakes, ponds, wetland areas within or contiguous to project area:
a. Name

b. Size (In acres)

17. Is the site served by .existing public utilities?
DYes
DNo
a) If Yes. does sufficient capacity exist t o allow connection?
DYes
b) If Yes, will improvements be necessary to allow connection?
DYes

DNo
DNo

18. Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law, Article 25-AA,
Section 303 and 304?
DYes
DNo
19. Is the site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Article 8
of the ECL, and 6 NYCRR 617?
DYes
DNo
20. Has the site ever been used for the disposal of solid or hazardous wastes?

B. P r o j e c t D e s c r i p t i o n

**Not

Applicable

-

See

DYes

DNo

Attachment**

1. Physical dimensions and scale of project (fill in dimensions as appropriate)
a. Total contiguous acreage owned or controlled by project sponsor
.b. Project acreage to be developed:

acres initially;

c. Project acreage to remain undeveloped
d. Length of project, in miles:

acres.
___

seres ultimately.

acres.
(If appropriate)

e. If the project is an expansion, indicate percent of expansion proposed
f. Number of off-street parking spaces existing
g. Maximum vehicular trips generated per hour

,.

(upon'completion of project)?

h. If residential: Number and type of housing units:
One Family
Two Family
Initially

%;

; proposed

Multiple Family

Condominium

.

Ultimately
i. Dimensions (in feet) of largest proposed structure ________ height;
j . Linear feet of frontage along a public thoroughfare project will occupy is
3

width;
?

length.
ft

�/ ^

n

2. How much natural material (i.e., rock, earth, etc.) will be removed from the site?
3. Will disturbed areas be reclaimed?

DYes

DNo

_

.

tons/cubic yards

DN/A

a. If yes, for what intended purpose is the site being reclaimed?
b. Will topsoil be stockpiled for reclamation?

DYes

„

DNo

c. Will upper subsoil be stockpiled for reclamation?

DYes

DNo

4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site?.__

acres.

5. Will any mature forest (over TOO years old) or other locally-important vegetation be removed by this project?
DYes
DNo
6. If single phase project: Anticipated period of construction __
7. If multi-phased:
a. Total number of phases anticipated

months," (including demolition).

_____ (number).

b. Anticipated date of commencement phase 1

month

year, (including demolition).

c. Approximate completion date of final phase

month

year.

d. Is phase 1 functionally dependent on subsequent phases?
8. W i l l blasting occur during construction?

DYes

DYes

DNo •

9. Number of jobs generated: during construction

DNo

—

; after project is complete

10. Number of jobs eliminated by this project
11. Will project require relocation of any projects or facilities?
12. Is surface liquid waste disposal involved?

DYes

DYes

DNo

If yes, explain

DNo

a. If yes, indicate type of waste (sewage, industrial, etc.) and amount _____

____

b. Name of water body into which effluent w i l l be discharged
13. Is subsurface liquid waste disposal involved?

DYes

DNo

Type .

u

14. W i l l surface area of an existing water body increase or decrease by proposal?
Explain
;
15. Is project or any portion of project located in a 1O0 year flood plain?
16. W i l l the project generate solid waste?

DYes

a. If yes, what is the amount per.month

DNo

___ tons
DYes

_

DNo

; location

:

d. Will any wastes not go into a sewage disposal system or into a sanitary landfill?
e. If Yes, explain

:
DYes

b. If yes, what is the anticipated site life? «

tons/month.
years.

DYes

DNo

19. Will project routinely produce odors (more than one hour per day)? DYes
20. Will project produce operating noise exceeding the local ambient noise levels?
21. Will project result in an increase in energy use?

DYes

DNo
DYes

DNo

DNo

If yes , indicate type(s)

_______________________________

22. If water supply is from wells, indicate pumping capacity _____
Total anticipated water usage per day

_ gallons/minute.

gallons/day.

24. Does project involve Local, State or Federal funding?
If Yes, explain

DNo

DNo

a. If yes, what is the anticipated rate of disposal? ____

23.

DYes

_

17. Will the project involve the disposal of solid waste?

18. Will project use herbicides or pesticides?

DNo

DNo

b. If yes, will an existing solid waste facility be used?
c. If yes, give name

DYes

, ,
DYes

DYes
,

DNo
______________

4

�f
25. Approvals Required:

Submittal'
Date

Type
City, Town, Village Board

QYes

DNo

City, Town, Village Planning Board

DYes

DNo

City, Town Zoning Board

DYes

DNo

City, County Health Department

DYes

DNo

Other Local Agencies

DYes

DNo

Other Regional Agencies

DYes

DNo

State Agencies

DYes

DNo

Federal Agencies

DYes

DNo

C. Zoning and Planning Information

_

.

.__

**Not Applicable - See Attachment**

1 . Does proposed action involve a planning or zoning decision?

DYes

DNo

If Yes, indicate decision required:
Ozoning amendment

Ozoning variance

Dnew/revision of master plan

Dspecial use permit

Dresource management plan

Osubdivlsion

Dsite plan

Dother

2. What is the zoning classification(s)of the site?
3. What is the maximum potential development of the site if developed as permitted by the present zoning?

H

*
4. What is the proposed zoning of the site?
5. What is the maximum potential development of the site if developed as permitted by the proposed zoning?

6. Is the proposed action consistent with the recommended uses in adopted local land use plans?

DYes

DNo

7. What are the predominant land use(s) and zoning classifications within a V* mile radius of proposed action?

8. Is the proposed action compatible with adjoining/surrounding land uses within a V* mile?

DYes

DNo

9. If the proposed action is the subdivision of land, how many lots are proposed? .
a. What is the minimum lot size proposed?

'

:.

10. Will proposed action require any authorization(s) for the formation of sewer or water districts?

DYes

DNo

1 1 . Will the proposed action create a demand for any community provided services (recreation, education, police,
fire protection)?
DYes
DNo
a. If yes, is existing capacity sufficient to handle projected demand?

DYes

DNo

12. Will the proposed action result in the generation of traffic significantly above present levels?
a. If yes, is the existing road network adequate to handle the additional traffic?

DYes

DYes

DNo

DNo

D. Informational Details
Attach any additional information as may be needed to clarify your project. If there are or may be any adverse™
impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate or
avoid them.

E. Verification
I certify that the information provided above is true to the best of my knowledge
Applicant/Sponsor hiame V ^ l a g e o f N o r t h T a r r y t o w n Board o f T r u s t e e s

D M e

8/13/93

Vice

SionaturP ^ ^W /*Tirn t r ^ r - t
Title
P r e s i d e n t /Environmental Planning
Jim Do^va/i fof the V i l l a g e of North larTytovn Board or lVtieC0&lt;?S
17 the acrVpnjs in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding
with this assessment.
5

�/J7

Part 2—PROJECT IMPACTS AND THEIR MAGNITUDE
Responsibility of Lead Agency
Ceneral Information (Read Carefully)
• In completing the form the reviewer should be guided by the question: Have my responses and determinations been
reasonable? The reviewer is not expected to be an expert environmental analyst.
• Identifying that an impact will be potentially large (column 2) does not mean that it is also necessarily significant.
Any large impact must be evaluated in PART 3 to determine significance. Identifying an impact in column 2 simply
asks that it be looked at further.
• The Example* provided are to assist the reviewer by showing types of impacts and wherever possible the threshold of
magnitude that would trigger a response in column 2. The examples are generally applicable throughout the State and
for most situations. But, for any specific project or site other examples and/or lower thresholds may be appropriate
for a Potential Large Impact response, thus requiring evaluation in Part 3.
• The'impacts of each project, on each site, in each locality, will vary. Therefore, the examples are illustrative and
have been offered as guidance. They do not constitute an exhaustive list of impacts and thresholds to answer each question.
• The number of examples per question does not indicate the importance of each question.
• In identifying impacts, consider long term, short term and cumlative effects.
Instructions (Read carefully)
a. Answer each of the 19 questions in PART 2. Answer Yes if there will be any impact.
b. Maybe answers should be considered as Yes answers.
c. If answering Yes to a question then check the appropriate box (column 1 or 2) to indicate the potential size of the
impact If impact threshold equals or exceeds any example provided, check column 2. If impact will occur but threshold
is lower than example, check column 1 .
d. If reviewer has doubt about size of the impact then consider the impact as potentially large and proceed to PART 3.
e. If a potentially large impact checked in column 2 can be mitigated by changes) in the project to a small to moderate
impact, also check the Yes box in column 3. A No response indicates that such a reduction is not possible. This
must be explained in Part 3.

I M P A C T O N LAND
1 . Will the proposed action result in a physical change to the project site?
ENO
DYES
Examples that would apply to column 2
• Any construction on slopes of 15% or greater, (15 foot rise per 100
foot of length), or where the general slopes in the project area exceed
10%.
• Construction on land where the depth" to the water table is Jess than
3 feet.
• Construction of paved parking area for 1.000 or more vehicles.

2

1
Small to
Moderate
Impact

Potential
Large
Impact

D

D

D Y es

DNi

D

D

DYes

DN&lt;

n

DYes

DNo

DYes

DNO

Can Impact Be
Mitigated By
Project Change

• Construction on land where bedrock is exposed or generally within
3 feet of existing ground surface.

D

D
D

|» Construction that will continue for more than 1 year or involve more
than one phase or stage.

D

D

DYes

DNO

I» Excavation for mining purposes that w o u l d remove more than 1,000
\ons of natural material (i e., rock or soil) per year.
• Construction or expansion of a sanitary landfill.

D

D

DYes

DNO

D
D
D

D
D
D

DYes
DYes

DNO

DYes

DNo

D

D

DYes

• Construction in a designated floodway.
• Other impacts
2

_____

D'NO

Will there be an effect t'. ...iy unique or unusual land forms found on
the site? (i.e., cliffs, dunes, geological formations, etc)_vrvO
DYES

• Specific land forms:

O N I

�ir

1
Small to
Moderate
Impact

2
Potential
Large
Impact

D
D

D
D

D
D
D

D
D
D

DYes

DNo

DYes

DNo

DYes

DNo

D

D

D Y es

DN(

D
D

D
D

DYes

DNo

DYes

DNo

D
D

D
D

DYes

DNo

DYes

DNO

•

D

DYes

DNO

• Construction or operation causing any contamination of a water
supply system.

D

D

DYes

DNO

• Proposed Action w i l l adversely affect groundwater.
• Liquid effluent will be conveyed off the site to facilities which presently
do not exist or have inadequate capacity.

D
D

D
D

DYes
DYes

DNO

• Proposed Action w o u l d use water in excess of 20,000 gallons per
day.

D

D

• Proposed Action w i l l likely cause siitation or other discharge into an
existing body of water to the extent that there will be an obvious visual
contrast *o natural conditions.

D

D

• Proposed Action w i l l require the storage of petroleum or chemical
products greater than 1,100 gallons.

D

D

• Proposed Action will allow residential uses in areas without water
and/or sewer services.

D

D

• Proposed Action locates commercial and/or industrial uses which may
require new or expansion of existing waste treatment and/or storage
facilities.

D

D

• Other

D

D

DYes

DNO

D

DYes

DNo

I M P A C T ON WATER
3. W i l l proposed action affect any water body designated as protected?
(Under Articles 15, 24, 25 of the Environmental Conservation Law, ECL)
KINO
DYES
Examples that would apply to column 2
• Developable area of site contains a protected water body.
• Dredging more than 100 cubic yards of material from channel of a
protected stream.
• Extension of utility distribution facilities through a protected water body.
• Construction in a designated freshwater or tidal wetland.
• Other impacts:

!

A. W i l l proposed action affect any non-protected existing or new body
of water?
E'NO
DYES
Examples that would apply t o column 2
• A 1 0 % increase or decrease in the surface area of any body of water
or more than a 10 acre increase or decrease.
• Construction of a body of water that exceeds 10 acres of surface area.
• Other impacts:
5. W i l l Proposed Action affect surface or groundwater
quality or quantity?
DNO
Examples that w o u l d apply t o column 2

__

Can Impact Be
M i t i g a t e d By
Project Change

DYes

DNo

DYes

DNo

DYES

• Proposed Action w i l l require a discharge permit.
• Proposed Action requires use of a source of water that does not
have approval to serve proposed (project) action.
• Proposed Action requires water supply from wells with greater than 45
gallons per minute pumping capacity.

impacts:

Will proposed action alter drainage flow or patterns, or surface
water runoff?
2?NO
DYES
Examples that w o u l d apply to column 2
• Proposed Action w o u l d change flood water flows.
7

DNO

6

^ _ L

�ys'x

2

Can Impact Be
Mitigated By
Project Change

Small to
Moderate
Impact

Potential
Large
Impact

D
D
D
D

D
D
D
D

DYes
DYes
DYes
DYes

DNo
DNo
DNo
DNo

D

D

DYes

DNo

D

D

DYes

DNo

D

D

DYes

DNO

D

D

DYes

DNo

• Proposed action will allow an increase In the density of industrial'
development within existing industrial areas.

D

D

DYes

DNo

• Other impacts:

D

D

DYes

DNo

• Reduction of one or more species listed on the New York or Federal
list, using the site, over or near site or found on the site.

D

D

DYes

DNo

• Removal of any portion of a critical or significant wildlife habitat.

D
D

D
D

DYes
DYes

DNo
DNo

D

D

DYes

DNo

Proposed Action would substantially interfere with any resident or
migratory fish, shellfish or wildlife species.

D

D

DYes

DNo

Proposed Action requires the removal of more than 10 acres
of mature forest (over 100 years of age) or other locally important
vegetation.

D

D

DYes

DNo

D

D

DY es

- Proposed Action may cause substantial erosion.
• Proposed Action is incompatible with existing drainage patterns.
• Proposed Action will allow development in a designated floodway.
• Other impacts:

-

IMPACT ON AIR
. Will proposed action affect air quality?
C5NO
DYES
Examples that would apply to column 2
Proposed Action will induce 1,000 or more vehicle trips in any given
hour.

i

Proposed Action will result in the incineration of more than 1 ton of
refuse per hour.
Emission rate of total contaminants will exceed 5 lbs. per hour or a
heat source producing more than 10 million BTU's per hour.
Proposed action will allow an increase in the amount of land committed
to industrial use.

.

IMPACT ON PLANTS AND ANIMALS
. Will Proposed Action affect any threatened or endangered
species?
KINO
Exampies that would apply t o column 2

OYES-

• Application of pesticide or herbicide more than twice a year, other
than for agricultural purposes.
• Other
9

impacts:

___—

;

Will Proposed Action substantially affect non-threatened or
non-endangered species?
CS3NO
Examples that would apply to column 2

DYES

IMPACT ON AGRICULTURAL L A N D RESOURCES
10

Will the Proposed Action affect agricultural land resources?
ENO
DYES
Examples that would apply to column 2
• The proposed action would sever, cross or limit access to agricultural
land (includes cropland, hayfields, pasture, vineyard, orchard, etc.)
6

D N O

�s i

*

1
Small to
Moderate
Impact
« Construction activity w o u l d excavate or compact the soil profile of
agricultural land.
• The proposed action w o u l d irreversibly Convert more than TO acres
of agricultural land or, if located in an Agricultutal District, more
than 2.5 acres of agricultural land.
• The proposed action would disrupt or prevent installation of agricultural
land management systems (e.g., subsurface drain lines, outlet ditches,
strip cropping); or create a need for such measures (e.g. cause a farm
field to drain poorly due t o increased runoff)
• Other impacts: _ _ _

IMPACT O N AESTHETIC RESOURCES
1 1 . Will proposed action affect aesthetic resources?
__NO
DYES
(If necessary, use the Visual EAF Addendum In Section 617.21,
Appendix B.)
Examples that would apply t o column 2
• Proposed land uses, or project components obviously different from
or in sharp contrast to current surrounding land use patterns, whether
man-made or natural.
• Proposed land uses, or project components visible to users of
aesthetic resources which w i l l eliminate or significantly reduce their
enjoyment of the aesthetic qualities of that resource.
Project components that will result in the elimination or significant
screening of scenic views known to be important to the area.
• Other impacts: _ _
_

IMPACT ON HISTORIC A N D A R C H A E O L O G I C A L RESOURCES
12. Will Proposed Action impact any site or structure of historic, prehistoric or paleontological importance?
KINO
DYES
Examples that would apply to column 2
• Proposed Action occurring wholly or partially within or substantially
contiguous to any facility or site listed on the State or National Register
of historic places.
• Any impact to an archaeological site or fossil bed located within the
project site.
• Proposed Action will occur in an area designated as sensitive for
archaeological sites on the NYS Site Inventory.
• Other impacts:

D
D
D
D

D

D

D
D

D

D
D
D

IMPACT ON OPEN SPACE AND RECREATION
13

Will Proposed Action affect the quantity or quality of existing or
future open spaces or recreational opportunities?
Examples that would apply to column 2
CXNO
DYES
* The permanent foreclosure of a future recreational opportunity.
A major reduction of an open space important to the community.
• Other impacts:

9

D
D
D

�1
Small to
Moderate
Impact

2
Potential
Large
Impact

D
D
D

D
D
D

DYes
DYes
DYes

DNo
DNo
DNo

D

D

DYes

DNo

• Proposed Action w i l l require the creation or extension of an energy
transmission or supply system to serve more than 50 single or two family
residences or to serve a major commercial or industrial use.

D

D

DYes

DNo

• Other impacts:

D

D

DYes

DNo

D

D

DYes

DNo

D
D

D
D

DYes
DYes

DNo
DNo

• Proposed Action will remove natural barriers that would act as a
noise screen.

D

D

DYes

DNo

• Other

D

D

DYes

DNo

• Proposed Action may cause a risk of explosion or release of hazardous
substances (i.e. oil, pesticides, chemicals, radiation, etc.) in the event of
accident or upset conditions, or there may be a chronic low level
discharge or emission.

D

D

DYes

ONo

• Proposed Action may result in the burial of "hazardous wastes" in any
form (i.e. toxic, poisonous, highly reactive, radioactive, irritating,
infectious, etc.)

D

•

DYes

DNo

• Storage facilities for one million or more gallons of liquified natural
gas or other flammable liquids.

D

D

DYes

DNo

• Proposed action may result in the excavation or other disturbance
within 2,000 feet of a site used for the disposal of solid or hazardous
waste.

D

D

DYes

DNO

• Other impacts;

D

D

DYes

DNo

I M P A C T O N TRANSPORTATION
14. Will there be an effect to existing transportation systems?
GflNO
Examples that w o u l d apply to column 2

DYES

• Alteration of present patterns of movement of people and/or goods.
• Proposed Action w i l l result in major traffic problems.
• Other impacts:

__

__

Can Impact Be
Mitigated By
Project Change

IMPACT ON ENERGY
15. W i l l proposed action affect the community's sources of fuel or
energy supply?
(3NO
-DYES
Examples that w o u l d apply to column 2
• Proposed Action w i l l cause a greater than 5% increase in the use of
any form of energy in the municipality.

NOISE A N D ODOR IMPACTS
16. W i l l there be objectionable odors, noise, or vibration as a result
of the Proposed Action?
BNO
DYES
Examples that w o u l d apply to column 2
• Blasting within 1,500 feet of a hospital, school or other sensitive
facility.
• Odors w i l l occur routinely (more than one hour per day).
• Proposed Action w i l l produce operating noise exceeding the local
ambient noise levels for noise outside of structures.

impacts:

,

__________

I M P A C T ON PUBLIC H E A L T H
17. Will Proposed Action affect public health and safety?
BNO
Examples that w o u l d apply to column 2

..

DYES

_

10

�IMPACT ON G R O W T H A N D CHARACTER
O F C O M M U N I T Y OR N E I G H B O R H O O D
18. W i l l proposed action affect the character of the existing community?
G9NO
DYES
Examples that would apply to column 2

Small to
Moderate
Impact

• The permanent population of the city, town or village in which the
project is located is likely to grow by more than 5%.

D

DYes

DNo

• The municipal budget for capital expenditures or operating services
will increase by more than 5% per year as a result of this project.
• Proposed action will conflict with officially adopted plans or goals.

D

DYes

DNO

Can Impact Be
Mitigated By
Project Change

D
D
D

D
D
D

DYes

DNO

DYes
DYes

DNO
DNO

• Development will create a demand for additional community services
(e.g. schools, police and fire, etc.)

D

D

D Y es

DNO

• Proposed Action will set an important precedent for future projects.

D
D
D

D
D
D

DYes

DNO

DYes

DNo,

DYes

DNO

• Proposed action will cause a change in the density of land use.
• Proposed Action will replace or eliminate existing facilities, structures
or areas of historic importance to the community.

• Proposed Action will create or eliminate employment.
• Other

impacts:

19. Is there, or is there likely to be, public controversy related to
potential adverse environmental impacts?
QDNO
DYES

If Any Action in Part 2 Is Identified as a Potential Large Impact or
If You Cannot Determine the Magnitude of Impact, Proceed to Part 3

Part 3 T - E V A L U A T I O N O F T H E I M P O R T A N C E O F I M P A C T S
Responsibility of Lead Agency
Part 3 must be prepared if one or more irnpact(s) is considered to be potentially Urge, even if the impact(s) may be
mitigated.
Instructions
Discuss the following for each impact identified in Column 2 of Part 2:
1 . Briefly describe the impact.
2 . Describe (if applicable) how the impact could be mitigated or reduced to a small to moderate impact by project changefsj
3

Based on the information available, decide if it is reasonable to conclude that this impact is important.
To answer the question of importance, consider:
• The probability of the impact occurring
• The duration of the impact
• lis irreversibility, including permanently lost resources of value
• Whether the impact can or will be controlled
• The regional consequence of the impact
• Its potential divergence from local needs and goals
• Whether known objections to the project relate to this impact.
(Continue on attachments)

11

�I

ATTACHMENT
FULL ENVIRONMENTAL ASSESSMENT FORM
Local Law /V- of 1993
Interim Zoning Lav of the Village of North Tarrytown
The Proposed Action is a local law which regulates the issuance of
building permits and certificates of occupancy, the approval of
subdivision plats, site plans and special permit uses in the area
of the Village designated as the C-l, Highway Commercial portion of
the Route 9 Corridor. The law, if approved, would regulate these
activities for a period of 90 days, beginning on the effective date
of the law, and would be subject to review and renewal by the Board
of Trustees.
The C-l District/Route 9 Corridor, comprised of 13.9 acres, is
especially important to the Village in terms of its historic,
educational and commercial value (see Figure 1) . This area is also
environmentally valuable as a large portion of it and much of the
adjacent area has been designated a Critical Environmental Area in
terms of the State Environmental Quality Review (SEQR) process by
Westchester County.
The Village of North Tarrytown Board of
Trustees is concerned about development trends in the area and
wishes to preserve its historic character.
In reviewing the current zoning, the Board has found that the C-l
District may not be meeting its originally intended objectives and
goals, since it was formulated and adopted in the 1950s. Also,
since the time the existing zoning was enacted, there have been
many environmental, physical, social and economic changes in the
Village and in the region as well as changes in community
priorities. In addition, the 13-year-old "Master Plan-Census Tract
116," prepared in 1980 by Raymond, Parish, Pine &amp; Weiner, Inc., may
no longer reflect the goals and objectives of the Village today due
in part to the aforementioned changes.
The Board of Trustees
wishes to explore the possibility of amending both the zoning and
subdivision regulations in order to fulfill the current Village
objectives outlined in the proposed local law.
Accordingly, the Board has hired a consultant to study the existing
pattern of development and to review current regulations involving
the subject area. Findings and recommendations will be presented
to the public in informational meetings and public hearings. The
Board will then determine whether the zoning and subdivision
regulations need to be amended.
The proposed Interim Zoning Law provide s that no building permits
or certificates of occupancy be issued, no preliminary or final
approval for subdivision plats be granted and no site plan or
special permit approvals be issued while this study is being
conducted.
The law does, however, allow for exceptions and
provides the Board with the right to vary or modify any provision
in the law.

�The Proposed Action allows the Board time to conduct the review and
studies and, in the meanwhile, provides the public with appropriate
and reasonable protection from activities which may be contrary to
the objectives expressed by the Village in the proposed local law.
Since this is a legislative action which only temporarily regulates
the issuance of building permits, certificates of occupancy and the
granting of approvals of site plans, subdivisions and special
permits, it will have no direct impacts on the environment. The
Board has the right to vary the law, and any modifications or
variances which allow potential development would be subject to
SEQR on a site-specific basis.

500\not3-057.sjp:ev

2

�C-1 DISTRICT/ROUTE 9 CORRIDOR
Village of North Tarrytown, N„Y.
^
FREDERICK P. CLARK ASSOCIATES, INC.
PI«nnlng/D»v»lopm»nt/Envlionmenl/'t!«n*pofUlion

Scale: r m 400' (Approx.)

&lt; ^ L

1

""^""~-J

N

I

I

L——J

c

.

1

DISTRICT
wiw

niw

Figure 1

���I

ATTACHMENT
NEGATIVE DECLARATION
Local Law ttf. of 1993
Interim Zoning Lav of the Village of North Tarrytovn
The Proposed Action is a local lav which regulates the issuance of
building permits and certificates of occupancy, the approval of
subdivision plats, site plans and special permit uses in the area
of the Village designated as the C-l, Highvay Commercial portion of
the Route 9 Corridor. The lav, if approved, vould regulate these
activities for a period of 90 days, beginning on the effective date
of the law, and would be subject to review and renewal by the Board
of Trustees.
The C-l District/Route 9 Corridor, comprised of 13.9 acres, is
especially important to the Village in terms of its historic,
educational and commercial value (see Figure 1) . This area is also
environmentally valuable as a large portion of it and much of the
adjacent area has been designated a Critical Environmental Area in
terms of the State Environmental Quality Review (SEQR) process by
Westchester County.
The Village of North Tarrytown Board of
Trustees is concerned about development trends in the area and
wishes to preserve its historic character.
In reviewing the current zoning, the Board has found that the C-l
District may not be meeting its originally intended objectives and
goals, since it was formulated and adopted in the 1950s. Also,
since the time the existing zoning was enacted, there have been
many environmental, physical, social and economic changes in the
Village and in the region as well as changes in community
priorities. In addition, the 13-year-old "Master Plan-Census Tract
116," prepared in 1980 by Raymond, Parish, Pine &amp; Weiner, Inc., may
no longer reflect the goals and objectives of the Village today due
in part to the aforementioned changes.
The Board of Trustees
wishes to explore the possibility of amending both the zoning and
subdivision regulations in order to fulfill the current Village
objectives outlined in the proposed local law.
Accordingly, the Board has hired a consultant to study the existing
pattern of development and to review current regulations involving
the subject area. Findings and recommendations will be presented
to the public in informational meetings and public hearings. The
Board will then determine whether the zoning and subdivision
regulations need to be amended.
The proposed Interim Zoning Law provides that no building permits
or certificates of occupancy be issued, no preliminary or final
approval for subdivision plats be granted and no site, plan or
special permit approvals be issued while this study is being
conducted.
The law does, however, allow for exceptions and
provides the Board with the right to vary or modify any provision
in the law.

�I Li

5

I
The Proposed Action allows the Board time to conduct the review and
studies and, in the meanwhile, provides the public with appropriate
and reasonable protection from activities which may be contrary to
the objectives expressed by the Village in the proposed local law.
Since this is a legislative action which will, for a limited time,
prohibit the issuance of building permits and certificates of
occupancy and the granting of approval of subdivisions, site plans
and special permits (unless the board varies the law), it will have
no impact on land, water, air, plants and animals, agricultural
land resources, aesthetic resources, historic and archaeological
resources, open space or recreational resources, transportation,
noise or odor, public health, or growth or character of the
neighborhood. It will, in general, have no significant impacts on
the environment.
This Negative Declaration indicates that no environmental impact
statement need be prepared and that the SEQR process is complete,

I
500\not3-059.*Jp:ev

I
2

�r

C-1 DISTRICT/ROUTE 9 CORRIDOR
Village of North Tarrytown, N.Y.
FREDERICK P. CLARK ASSOCIATES, INC.
PI»nnlnj)/D«v»lopm»nt/Envlionm»nl/Ti«n»poM«tlon

Scale: 1" - 400' (Approx.)

N

|

| C-1 DISTRICT
Figure 1

�K*4

On Tuesday, August 17, 1993 at 10:00 AM a public opening of bids
took place in Village Hall for the furnishing and delivering of
new parking meters.
The following bids were received and opened by William T. Regan,
Village Administrator/Village Clerk:
1.

POM, Inc.

$190.68

2. Meter Products, Inc.

245.00

3. Duncan Industries

231.71

�/Cs~

Sean Treacy, Mayor
William T. Regan
Administrator
Donai M. Walsh. Jr.
Village Counsel
Angela Everett
Deputy Village Clerk
Frank Anzovino
Treasurer

TRUSTEES
Morris Alter
Steven D. Baderian
Nicholas W. Cicchetti
John T. Hayes, Jr.
Michael Hyland
Greg T. Jeffers

HISTORIC PAST - GREAT FUTURE
Minutes for August 31, 1993
The Board of Trustees met on August 31, 1993 commencing at
7:00 PM.

The Mayor advised the Board it would be necessary to go

into Executive Session to discuss potential litigation with
General Motors regarding the Village's Environmental Protection
and Abandoned Property Reclamation Law.

Motion made by Trustee

Hyland and seconded by Trustee Alter, passed unanimously.
Discussion ensued on General Motors proposal to avoid
litigation regarding the Village's environmental law.
taken in Executive Session.

No action

Motion made by Trustee Hyland and

seconded by Trustee Cicchetti to close the Executive Session,
passed unanimously.
In open session, the Board decided to schedule a special
work session for September 9th at 7:00 PM to tentatively discuss
additional information from General Motors.
Motion made by Trustee Cicchetti and seconded by Trustee
Alter to schedule a public hearing for September 21, 1993, 8:00
PM, to consider General Motor's proposal and the rescinding of
the Village's Chapter 17A, Environmental Protection and Abandoned
Property Reclamation Law:

AYES:

Baderian, Mayor Treacy; NAYS:

Trustees Cicchetti, Alter,

Trustees Jeffers, Hyland and

Hayes.
28 Beekman Avenue, North Tarrytown, New York 10591
(914) 631-1440

�I.

Minutes
August 31, 1993
Page Two
Motion made by Trustee Alter and seconded by Trustee
Cicchetti to authorize the Mayor to sign a tolling agreement with
General Motors tolling the time for General Motors to challenge
the Village's environmental law through October 15, 1993: AYES:
Trustees Alter, Cicchetti, Baderian, Hayes and Mayor Treacy;
NAYS:

Trustees Jeffers and Hyland.

Meeting adjourned at approximately 9:30 PM.

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