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                  <text>A Regular meeting of the Board of Trustees of the Village of
North Tarrytown was held on Tuesday, February 1, 1994 at 8 PM.
Present:

Mayor Sean Treacy

Greg T. Jeffers
Morris Alter
Nicholas Cicchetti
Michael Hyland
John T. Hayes, Jr.
Trustees
Absent:
Trustee Steven Baderian
Also Present:
Linda E. David, Village Administrator
Donal M. Walsh, Jr. Village Attorney
Lynn Farrell, Acting Attorney

8

Mayor Treacy called the meeting to order with a pledge to the
flag.
Public Hearing
Mayor Treacy read the attached public hearing notice regarding
the adoption of amendments to the zoning code of the Village.
Trustee Hyland moved, second by Trustee Hayes to open the public
hearing, motion carried.
David Stolman of Frederick P. Clark, Associates gave a brief
synopsis of the proposed amendments. He commented that the
purpose of enacting the moratorium on the C-l corridor was so
that more studies could be done. A study was done in December and
there will be a few deletions to the amendments.
Dr. Richard Sweet asked for an explanation of the portion of the
amendments which mentioned auto body shops and asked what power
the Zoning Board had in the interpretation of variances.
David Stolman stated that this will be expanded to include motor
vehicle repair shops and it will be clarified in the code.
Mayor Treacy commented that the Zoning Board has the authority to
interpret the zoning ordinance and to issue variances. Also any
current non-conforming uses will be grandfathered in.
Dr. Sweet mentioned that the Hennessey property is in a C-4
district and not a C-l.
David Stolman stated this would be
corrected.
Mario Selanich suggested that a copies of the code book be made
available to the public at the meeting.
Mayor Treacy commented that it was not possible to make copies of
the whole ordinance since it is a very large book, but anyone can
look at the code book at any time.
There being no further comments, Trustee Hyland moved, second by
Trustee Alter to close the public comment portion of the hearing.
1

�Trustee Hyland asked if a car wash will be permitted in a C-2
district.
David Stolman
restrictions.

stated

as

long

as

it

conforms

to

other

More discussion ensued between the Board and David Stolman
regarding the amendments.
The Mayor read a memo from the Planning Board, a letter addressed
to Dr. Sweet from Jeff Beach from the Department of State and a
letter from
the Westchester County Department of Planning,
letters to be made part of official minutes.
There being no further comments, Trustee Cicchetti moved, second
by Trustee Alter to close the public hearing, motion carried.
The following resolution was then passed: Resolution #02-23-94:
Be it Resolved that the Board of Trustees of the Village of North
Tarrytown does hereby adopt the attached January 28, 1994 draft
Negative Declaration. Trustee Cicchetti moved, second by Trustee
Alter and motion carried 4-0. Trustee Jeffers recused himself
from the vote.
Approval of Minutes
Trustee Hyland moved, second by Trustee Alter to approve the
minutes of January 18, 1994 as written, motion carried 4-0 with
Trustees Jeffers and Cicchetti abstaining.
Trustee Jeffers moved, second by Trustee Alter to approve the
minutes of January 25, 1994, motion carried.
Mayor Treacy commented that this was a work session meeting to
pass resolutions regarding the Village's CDBG grant applications.
Approval of Warrants
Trustee Hyland moved, second by Trustee Hayes to approve the
warrants and authorise the Treasurer to pay the bills, motion
carried. Total of the General Fund is $114,117.66.
Communications,Petitions &amp; Requests
Deputy Clerk read correspondence from Pete Gus Town Tavern, Inc.
informing the Village of their intent to renew their New York
State liquor license.
Mayor Treacy was in receipt of correspondence from Dr. Sweet,
Chairman of the CAC, regarding the LWRP. The CAC strongly
recommends that a Zoning Change Committee be considered so that
our zoning regulations may be kept current with the desires and
goals of the Village and its residents.
The Mayor read a letter from Dr. Masias regarding the parking
situation on Beekman avenue. The businesses along the avenue are
feeding the meters all day, therefore there are no vacant spaces
for customers. There is parking in the Van Tassel garage for the
owners and this would alleviate some of the problem. The Mayor
stated he will send a letter to the merchants regarding this
problem.
2

�The Mayor was in receipt of a check for $10,201. from Continental
Cablevision for our franchise fee ending December 31, 1993.
A letter was received from Lynn Oliva of Westchester County
notifying us that our ISTEA application is being reviewed and
grant awards will be announced in mid February.
The Mayor read correspondence from Scenic Hudson to Andrew
O'Rourke regarding the proposed greenway and pedestrian bridge
across to the Kingsland Point Park.
A letter from Richard Bradspies of 525 Bellwood Avenue was read
regarding the summonses that were issued for not removing the
snow on the sidewalk during a recent storm and that he was unable
speak to the Police Chief about it. The Mayor commented that the
tickets were canceled due to no prior notice given and he will
speak to the Chief.
The Mayor read a letter from the owner of 148 Cortlandt St.
regarding a recent complaint of no heat on January 15th. The
problem was that the oil company could not make their scheduled
delivery due to a problem at a residence earlier. The problem
was taken care of and he thanked Jim Margotta for informing him
of this problem.
Mayor Treacy read a letter from Paul Amenta requesting that the
"No Parking 8AM-12 Noon" for street sweeping on Chestnut Street
be changed to 8AM-9AM since this is a business district. The
Mayor commented that they will discuss this at the work session.
A letter from the PBA was read in response to an article which
appeared recently in the newspaper regarding the utilization of
Auxiliary Police in order to save the village money. The PBA has
asked the Board to meet with them to discuss the Auxiliary Police
situation.
Public Comments-Agenda Items
Trustee Hyland moved, second by Trustee Alter to open the public
comment section, motion carried.
Mario Belanich asked what the $1000. transfer from contingency to
legal advertising was and about the appointment of election
inspectors. The Mayor responded that we have spent alot of money
for legal notices in the newspaper and election inspectors are
appointed every year.
There being no further comments, Trustee Cicchetti moved to close
the public comment section, second by Trustee Hayes and motion
carried.
Mayor's Report
Mayor Treacy reported that with regard to GM, the Village will
appear before Judge Broderick on March 1st.
The Attorney
General's office will be helping the Village with the GM issue.
The Mayor reported that our chances are very good in obtaining
ADA and CDBG grant monies.
3

�The Mayor received correspondence from the Auxiliary Police which
states that Auxiliary Police have been around since 1944 as Air
Raid Wardens and became Auxiliary Police in 1956. There is a need
for them especially for crowd control, suicide watch, security at
school events, on Sundays for those attending church, etc.
The Mayor received a memo from the Police Chief commenting that
he was not in favor of reinstating the Auxiliary Police.
The Mayor and the Administrator met at Van Cortlandt Manor with
other Mayors and Supervisors to discuss ways to increase tourism.
The Mayor reported that we have received a number of grants; a
$10,000. grant for the Hudson River Improvement fund, §7000. for
fire equipment, $7000. for the North Tarrytown Ambulance Corp and
$7000. for senior citizens.
These grants were all obtained
through the efforts of Senator Suzi Oppenheimer.
Trustee Reports
Trustee Jeffers had no report.
Trustee Alter reported on upcoming recreation events, such as ski
trips to Vernon Valley on February 12 and 24th. Teen dances are
also coming up. Registration for TNT baseball will be held on
February 19th and February 26th. The Men's Softball organization
meeting will be held on February 14 at 7 PM.
The Cable meeting scheduled for last Thursday was canceled due to
the weather and will be held this Thursday at 2PM.
Trustee Cicchetti congratulated Detective James Reddy on his
election as PBA President and commented that Detective Reddy has
requested consideration to discuss the upcoming negotiations.
Trustee Hyland commented the reason that he abstained on the
vote for the CDBG grants was because he wanted the infrastructure
to be included in these grants, especially for new water pipes.
Trustee Hayes reported he will get the Library Board minutes and
report back at the next meeting. He had no Fire report.
Administrator's Report
Linda David reported that we have finally received over two
hundred tons of salt at the regular price thanks to Senator
Oppenheimer's help.
She read the Bureau of Fire Prevention agenda which will meet on
February 7th at 8PM, Zoning Board agenda for February 16th. The
Planning Board will meet on February 17th and the Architectural
Review Board will meet on February 2 3rd but there are no agendas
available yet.
Linda David commented that the tree grant application deadline
has been extended to this Friday. We are requesting $7500. for
this grant.
The Mayor commented that trees will be planted all along Route 9
to Route 448 as well as along certain streets in the Village.
4

�m
J3CO&gt;

Resolutions-Attached
Old Business-None
New Business
Trustee Cicchetti commented on the proposed adoption of a
graffiti law. He commented that right now we do have an ordinance
we can use under the Housing Standards Supplement under 3 0A-41
and 30A-69B&amp;C.
Public Comments
Detective James Reddy, President of the PBA stated that he would
like to discuss matters of mutual concern with the (Board and
would like to reconvene the Labor Relations committee.
Mario Belanich asked why we have alternate side of the street
parking in the winter. The Mayor responded in order to remove
the snow. Alternate sides is not just for sweeping.
There being no further comments, Trustee Jeffers moved, second by
Trustee Alter to close the public comment section, carried.
Executive Session
Trustee Hyland moved, second by Trustee Jeffers to adjourn to
executive session to discuss personnel, motion carried.
Brief discussion ensued with Detective Reddy regarding vacant
positions in the Police department and upcoming contracts.
Back in regular session, Trustee Hyland moved, second by Trustee
Alter to adjourn the meeting, motion carried.
Respectfully submitted,
Angela Everett
Deputy Village Clerk

5

�2-

VILIAGE OF NORTH TARRYTOWN
PUBLIC HEARING NOTICE
NOTICE IS HEREBY GIVEN that the Village of North Tarrytown Board
of Trustees will hold a Public Hearing on Tuesday, February 1,
1994 at Village Hall, 28 Beekman Avenue, North Tarrytown, New
York at 8:00 PM, or as soon thereafter as possible, to hear
public comments regarding the adoption of amendments to the
zoning code of the Village of North Tarrytown, to wit:
1.

The names of the respective districts in the General
Description column of the Schedule of Regulations, Parts I
and II pertaining to Section 62-8B would be moved to the
District column and the remainder of the General Description
column would be deleted.

2.

The permitted Principal Uses column pertaining to the C-l
District would be amended.

3.

The definitions in Section 62-4 would be amended.

4.

The permitted Accessory Uses column in Section 62-8.B would
be amended.

5.

Sections 62-19.A and 62-10.A would be amended.

6.

A new section would be added to the code to define motor
vehicle repair shops.

7.

A new section would be added to the code to define mixed use
developments and to include them in the C-l District as
permitted uses.

At such hearing all interested
opportunity to be heard.

persons

will

be given an

A copy of the current Zoning Code, the proposed revisions, and
supporting doumentation are available for public Inspection in
the Village Clerk's office, 28 Beekman Avenue, North Tarrytown,
New York.
Dated: January 18, 1994
By Order of the Board of Trustees
Linda David, Village Clerk

�2 e — &lt;&amp; 4-,

FRI

1 Q S 1 3

PR

C L A R K

A S S O C

P.QS

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ATTACHMENT TO NEGATIVE DECLARATION:
REASONS SUPPORTING DETERMINATION

rraciTi

if

PROPOSED ZONING AMENDMENTS IN CONNECTION WITH THE
C-L HIGHWAY COMMERCIAL DISTRICT PLANNING AND ZONING STUDY
_

i

VILLAGE OF NORTH TARRYTOWN. NEW YORK

|

i
f
The proposed zoning amendments are primarily intended to broaden
the variety of uses currently permitted in the C-l District; limit
and lessen the visual and traffic impacts in the C-l District;
improve errors and omissions, add definitions and improve text in
need of ] clarification in the Village of North Tarrytown Zoning
Code. Tnere should be no significant environmental impacts due to
the adop'tion of the proposed zoning amendments.
i

More specifically:
i

•

The enactment of the proposed zoning amendments, in itself,
will not result in any immediate physical changes to any site
wit'hin the Village. Further, before any action associated
with the zoning amendments cam. take place on any site, site4
specific environmental review would need to be performed for
the specific action.
!

«

The proposed zoning amendments should not result in any impact
to ('unique or unusual land forms found in the Village.

•

The proposed zoning amendments should not have any impact to
protected or unprotected water bodies.
j
The proposed zoning amendments should not have any impact'upon
groundwater or surface water.

»

•

•

Th&lt;^ proposed zoning amendments should not impact or filter
drainage patterns or surface water runoff.
Th4 proposed zoning amendments may beneficially affect air
quality in that traffic may be lessened somewhat if certain
us^s proposed for inclusion in the C-l District' are
established in the future.
Th£ proposed zoning amendments should not have an impapt oh
protected or unprotected plants and animals.
The proposed zoning amendments should have no impact on
agricultural land resources.
j
Th£ proposed zoning amendments should have a positive impact
on the aesthetic resources of the Village to the extent that
the uses proposed to be included in the C-l District generally
ha^e less visual impact than automotive uses.
For i this

�- 2 8 - 9 4

F R I

1 8 : 1 4

FP

CL.ARK

A S S O C

p . 0 e

reajson, the proposed zoning amendments may have a positive
effect on historic resources.
•

The proposed zoning amendments should have no
archaeological resources.

impact on

•

The; proposed zoning amendments should have no impact on open
space or recreational opportunities in the Village.

•

The proposed zoning amendments should have a positive impact
on transportation systems within the Village to the extent
that uses proposed to be included in the C-l District have the
same or less traffic impact than uses currently permitted.

•

The' proposed zoning amendments should have no adverse impacts
on energy consumption in the Village or the State,

•

The proposed zoning amendments should have no impact with
regard to noise, odor or public health and safety.

•

The proposed zoning amendments should have a positive effect
on:neighborhood and community character to the extent that
uses proposed for inclusion in the C-l District have less
visual impact and the same or less traffic impact than uses
currently permitted within the zone.

•

Th4 proposed zoning amendments would broaden the variety of
us4s permitted in the C-l District and would therefore
decrease the reliance on automotive-related uses, thereby
increasing the potential for expansion of the tax base of the
Village, especially in light of the future closing of the
General Motors facility.

•

Th4 proposed zoning amendments should not have any significant
adverse impacts on the C-2 District.

•

Th£ proposed zoning amendments should not have any adverse
impacts on the Hudson River Shoreline Critical Environmental
Aria.

Based oh this information and since a separate and site-specific
environmental assessment is required for projects within the C-l
and C-2 Districts, the proposed zoning amendments are not expected
to have any significant impacts on the environment.

500\not4-003.8jp:ev

2

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I

J*=*N-2:e-&lt;?4

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10:10

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CLARK

ASSOC

P -0 3

SEOR Negative Declaration

Page 2

Reasons Supporting This Determination:
(See 617.6(g) for requirements of this determination; see 617.6(h) for Conditioned Negative Declaration)

See Attachment

I
If Conditioned Negative Declaration, provide on attachment the specific mitigation measures Imposed.
For Further Information:
Contact Person:

Linda David, Village Administrator

Address:

Village Hall, 28 Beekman Avenue, North Tarrytown, NY 10501

Telephone Number:

(914) 631-0533

For Type I Actions and Conditioned Negative Declarations, a Copy of this Notice Sent to:
Commissioner, Department of Environmental Conservation, 50 Wolf Road, Albany, Now York 12233-0001
on 3, Department of Environmental Conservation, 21 South Putt Corners Road, New Paltz, New York 12561
uyor Sean Treacy and VIHage Board of Trustees, Village Hall, 28 Beekman Avenue, North Tarrytown, New York 10591

��3o

I

Meeting Date:
Resolution #:

02-01-94
02-20-94

Be it Resolved that Inspectors of Election for the Village of
North Tarrytown be appointed to serve on Election Day, Tuesday,
March 15, 1994 in accordance with Section 15-116 (1) of the
Election Law.

I

SECONDED: Trustee Alter

MOVED: Trustee Hvland

Meeting Date:
Resolution #:

VOTE:5-0

02-01-94
02-21-94

Be it Resolved the Board of Trustees authorizes the following
budget transfers for the 1993-1994 fiscal year:
TO

FROM
Fire Department
A3410-437
Celebrations
A7550-103
Contingency
A1990-4O0

$1300.00

Fire Department
A3410-200
$1300.00

378.00

Fire Department
Other Expenses 378.00
Village Clerk-Legal Adv.
A1410-416
1000.00

1000.00

Insurance Reserve
A9901-1O0
45,000.00

I

Snow Removal
A5142-100
(Overtime)
A5142-400
(Supplies)

MOVED:Trustee Cicchetti

SECONDED trustee Hayes

25,000.00

20,000.00

VOTE:

7

�Meeting Date:
R e s o l u t i o n #:

02-01-94
02-22-94

WHEREAS, t h e New York C h i r o p r a c t i c Council i s s p o n s o r i n g t h e
t h i r d annual H . O . P . E . DAY ( H e l p i n g Other People E a t ) , on Monday,
February 1 4 , 1 9 9 4 ; and
WHEREAS,
p a r t i c i p a t i n g members o f t h e COUNCIL w i l l open t h e i r
o f f i c e s and c a r e f o r p a t i e n t s f r e e o f monetary charge i n r e t u r n
f o r d o n a t i o n s o f f o o d t o h e l p f e e d t h e hungry of New York S t a t e ;
and
WHEREAS, t h e f o o d c o l l e c t e d by t h e doctor-members of t h e COUNCIL
w i l l be d i s t r i b u t e d by CITY HARVEST, INC.
(or a d i f f e r e n t
n o n - p r o f i t f o o d a g e n c y f o r D i s t r i c t s 6 &amp; 7) a n o n - p r o f i t
o r g a n i z a t i o n ; and
WHEREAS, t h e doctor-members of t h e New York C h i r o p r a c t i c C o u n c i l
"hope" t h e i r p r o v i d i n g of needed c h i r o p r a c t i c c a r e w i l l h e l p t o
f e e d t h e hungry of New York S t a t e ; and
WHEREAS,
i t i s a g e n e r o u s and w o r t h w h i l e c a u s e mounted by t h e
members o f t h e New York C h i r o p r a c t i c Council; and
NOW, THEREFORE BE IT RESOLVED,
t h a t by adoption o f
this
r e s o l u t i o n t h e Board o f T r u s t e e s o f t h e V i l l a g e o f
North
T a r r y t o w n d o e s h e r e b y h e a r t i l y c o n g r a t u l a t e t h e New York
C h i r o p r a c t i c COUNCIL on i t s h u m a n i t a r i a n e f f o r t s t o h e l p t h e
needy and hungry and t h a t February 14, 1994 be declared H.O.P.E.
DAY.
MOVED;Trustee Hyland SECONDED:Trustee Hayes

VOTE:5-0

�Meeting Date:
Resolution #:

02-01-94
01-11-94

Be It Resolved, the Board of Trustees authorizes our Auxiliary
Police Officers to carry firearms pursuant to the Auxiliary
Police Guidance Manual prepared by the New York State Disaster
Preparedness Commission. All Auxiliary Police Officers must be
duly licensed pursuant to Section 400 of the Penal Law and must
satisfy all of the firearms training requirements per the
Municipal Police Training Council.
SECONDED:Trustee Alter
M0VED .Trustee Cicchetti
V O T E . 5-0
Brief discussion ensued. Trustee Hyland commented that the
recommendation from the Police Chief was not against Auxiliary
Police but the carrying of firearms and that 80 hours of training
was required.
Trustee Cicchetti commented this is not a new venture. The
Auxiliary Police have been serving us since 1956. We are just
going back to the way it used to be.

�Meeting Date:
Resolution #:

02/01/94
02/19/94

Be it Resolved that the Assessor of the Village of North
Tarry town has prepared the Tentative Assessment Roll for the
current year; and that said Assessment Roll has been filed with
the Village Clerk at her office in the Municipal Building, 28
Beekman Avenue North Tarrytown, New York, where it may be seen
and examined by any persons at all times during business hours
between 8:30 AM and 4:30 PM until the 15th day of February, 1994
and that on such day in the Board Room, Municipal Building, 28
Beekman Avenue, in said Village, between the hours of 4 PM and 8
PM, the Board of Trustees of said Village will meet for the
purpose of hearing complaints in relation thereto, on the
application of any person conceiving himself aggrieved thereby.

MOVED: Trncfpo H3,iar,H

SECONDED: Trustee Hayes

VOTE: 5-0

�-?//

JAN-31-1994

11:47

FROM

TO

96315880

UUestchester County
ANDREW P. O'ROURKE
County Executive
COUNTY PLANNING BOARD
WILLIAM N. CASSELLA, JR.
Chairman

_.

« - - « « ,

January 31, 1994
Linda David
Village Administrator
Village of North ftarrytown
28 Beekman Avenue
North Tarrytown, New York 10591
Ref. File No. MEN 94-01
Dear Ms. Davids
Thank you for the notice of the February 1, 1994 public hearing to be
held by the Village Board of Trustees a d e e m i n g the following action(s)j
Action(s):

Zoning ordinance amendments concerning the CI and C2
districts

Having reviewed this matter under the provisions of Section 239 L, M
and N of the General Municipal law and Section 277.61 of the County
Administrative Cod©/ we find that this is a matter for local determination
in accordance with your community's planning and zoning policies, subject to
the following comments:
We ccnnend the Village for undertaking a comprehensive assessment of
its Route 9 corridor to develop a pcorjrmn toratijitaiiiadequate traffic flow,
preserve the natural beanty and historic landmarks and preserve the quality
of life of the surrounding historical and residential areas.
The shift in eqphasis from auto-related to mixed-use in the rarHrVir is
consistent with the goals of the Westchester County Planning' Board's
proposed Ifrtterns for WtestchRstex recxanueudations which encourage the
development and strengthening of existing ccranercial centers.

Michaelian Office Building . 143 Martin© A * n u e , White Plains, N.Y. 106O1 • 914 285-.

P. 02

�JAN-31-1994 11:48

TO

FROM

96315880

P.03

Linda David
NTN 94-01

We support the introduction of the "living over the stare" concept in
the onnrridor. The Village may msh to contact the Westchester County
Department of Planning Division of Housing and Oonnunity Development for
information on funding sources that might he available for development of
mixed-use under the proposed zoning amendment:. Biis concept might help to
revitalize this important entrance to the Village.

I

Respectfully,
WESTCHESTER COUNTY PLANNING BOARD

By: JHh^C^^^
+

\

&amp;Z»ZM^

Gerard Mulligan
Deputy Ccnniissioner

GM:cm

I

I

�3
be established that would help minimize the impact of the auto-related uses' on the
surrounding, more sensitive uses.
I suggest that if the Village wants to chango the character and appearance of this section
of the Village, a number of standards should be added to Article V - Supplementary
Regulations section that give the Planning Board the authority, through tho Site Plan
Review procedure, to require various appearance standards be met, concerning such
issues as landscaping, signage, lighting, buffers, fencing, sidewalks, vegetation, etc.
The Village's Zoning Regulations are noticeably absent of any standards concerning
Village character and appearance. The only direct references that I could find for
regulations dealing with such issues are found in § 62-9.C and § 62-30.C
§ 62-9.C Is within Article V - Supplementary Regulations section of the zoning
regulations, In particular, § 62-9.C requires a buffer area oh every lot in a C-l, C-2,
or M zoning district that abuts a residence district and as specified in connection with
certain other uses. The required standards for this buffer strip, i.e. thai it must be 5* in
width, etc., are generally fine as far as buffer strips go, however, buffer strips simply
serve to provide a means of separating land uses. If the Village ifeally wants to deal witli
the bigger issues of Village character and appearance, than § 62-9.C does not go far
enough. Significantly more standards and guidelines could be added to Article V Supplementary Regulations concerning Village character and appearance.
§ 62-30. C is within Article VUI - Site Plan Review secdon of the zoning regulations.
In particular, § 62-30.C gives the Planning Board the authority to require landscaping,
fences, and walls'of the nature described in § 62-9.C (the buffer strip section). The
authority given the Planning Board here is good, however, It is much too limiting by the
reference to § 62-9.C. I would like to see this type of general authority given to the
Planning Board In § 62-30, but with a whole host of standards and guidelines concerning
Village character,and appearance provided in Article V - Supplementary Regulations.
FPCA proposes to add a mixed use (commercial and residential) development category
to the C-l district in order to help meet the need for affordable housing, to help alleviate
the over-crowded aspect of the Village's housing supply, and to provide for a 24-hour
population within the C-l district. I agree wholeheartedly with this suggestion and have
no particular concerns with the specific text proposed.
The remainder of the suggestions made by FPCA serve to implement their already
suggested changes, and to fix various omissions, references, and typographical errors.
I have no particular concerns or comments on these latter proposed changes.
ThanJk-you very much for the opportunity to review and comment on the suggested changes
tho C-l Highway Commercial District. I hope my comments are understandable and useful.

�5
4

Please call me if you have any questions or would like to discuss the C-l district further. Also,
if the Village should desire to pursue any of my comments further, I would be glad to assist in
what ever capacity I can.
Sincerely,

Jeffrey X&gt;. Beach
Coastal Resources Specialist

TOTAL P. 05

�- * *

; » . ,

STATE OF NEW YORK
DEPARTMENT OF STATE
ALBANY, N.Y. 12231-OOOt
GAILS SWAPPER
SCCRCfABYOPST4TC

January 10, 1994
Richard Sweet
Chairman
North Tarrytown Conservation
Advisory Council
309 North Washington Street
North Tarrytown, New York 10591
Re:

Comments on the Proposed Zoning Text Amendments Relating to the C-i Highway
Commercial Zoning District as Prepared by Frederick P. Clark Associates, Inc.

Dear Dick:'
As a follow-up to the CAC meeting January 5th, here is a written synopsis of my comments
on the C-i Highway Commercial Zoning District as prepared by Frederick P. Clark Associates
(FPCA), My comments on based on the seven page memorandum from Frederick P. Clark
Associates, dated December 17, 1993.
1.

FPCA proposes that the "General Description" column in the Schedule of Regulations,
EarjJl of tho zoning regulations be removed; not only for the C-l District, but for all
of the zoning districts. I disagree with this. While I can understand and appreciate their
stated rationale for eliminating this column) I feel that the benefits of explaining the
intended purpose, goals, and nature of each of the zoning districts is extremely important
for everyone that reads and uses the zoning regulations. It is not sufficient, hi my
opinion, to simply list the permitted uses for a particular zoning district and expect
everyone who reads them to know what the legislative intent of that district was and to
visualize what that zoning district will look like. Take for Instance, the purpose section
of the proposed Waterfront Development Zoning District that we are currently working
on. It helps the reader create a mental image of what the authors want to see occur in
that zone. It helps explain, the legislative Intent of the Village for a given zoning
district.
It may not be that a column type format is the best for accomplishing this type of
purpose. Perhaps, a statement of purpose, goals, etc., for each of the zoning districts
could be written and added to Article HI - Districts. Therefore, I suggest that the
"General Description" column be eliminated for each of the zoning district and that In
its place a del ailed purpose section be added to each of the zoning districts identified

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within Article HI - Districts.
FPCA proposes that the C-l Highway Commercial District be converted Into a mixed-use
zoning district. I wholeheartedly agree with this recommendation aod have no concerns
about the specific uses proposed for addition. I do, however, suggest that all of the
zoning districts be farther broken down into: "Permitted Principal Uses'' (currently
exists); and "Special Permit Uses" or "Conditional Permit Uses," wldchever you prefer
to coll them: I suggest the addition of special permit uses because certain kinds of uses,
while desirable in that they fulfill very real community needs, can cause very damaging
effects if not carefully attended to. The special permit use technique identifies such uses,
and provides that they are to be permitted if it is shown that the side effects will be
minimized. Unlike the "as of right" uses listed in the "Permitted Principal Uses"
column, the Issuance of a conditional use or special use penult Involves the exercise of
discretion, reviewing applications on a case-by-case basis to see if general criteria
contained in the district text regulation are complied with.
Thus, for "offices" that might be proposed within the C-l district as a conditional or
special use, the zoning district might provide that before the conditional or special use
permit is issued, the applicant show that there will be "adequate o'ff-street parking." This
Is, of course, a general criteria, not a specific Standard. Yet it would allow the Village
to make a Judgment concerning the amount and quality of parking which will be provided
before the use is approved.
Because the conditional or special uso permits Involve the exercise of discretion and
judgment in reviewing applications on a case-by-case basis to determine whether they
comply with geiferal criteria, the zoning regulations will usually provide that they be
issued by the planning board, the board of zoning appeals, or even by the legislative
body itself. I suggest that the Village's Planning Board be given litis authority and
responsibility.
FPCA proposes that in order to lessen and limit the impact which gasoline service
stations, auto-body repair shops, and uses Involving the sale of new or used automobiles
win have Jn general and upon relatively sensitive uses, the distance requirements between
such uses currently contained in the zoning regulations should be increased. In general,
I have no particular concern with tlds recommendation. However, from what I
understand, the primary goal of the Village in amending the C-l zoning text is to make
those changes that will, over time, allow tills part of the Village to upgrade Its
appearance and add positively to the Village's character. Thus, adding a 100 foot
setback to the existing zoning standard will not accomplish tlds goal.
Further, if the various auto-rclated uses are a problem to surrounding, more sensitive
uses, this Is all the mom reason to create a separate category of uses called "Special
Permit Uses'! or "Conditional Permit Uses'* as discussed above. The auto-related uses •
could then be identified as a Special Permit Uso and general operational criteria could

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PLANNING BOARD

To:

Mayor Treacy and Trustees

From: Planning Board
Date: February 1, 1994
At the Planning Board's January meeting, the Board voted unanimously to accede to the request
of the Mayor and Board of Trustees that they shall be the lead agency on the Route 9 corridor rezoning
proposal.
After hearing those members of the public who were present at the meeting and wished to be heard
and after Board discussion, the Board also voted unanimously to submit for your consideration the
following recommendations:
1. We suggest the name of the district be changed from "Highway Commercial" to "Historic
&gt;mmercial," to emphasize the purpose and goals of the changes.
2. There appears to be considerable misinformation circulating as to the effect of the new zoning,
if adopted. The Mayor and Board should emphasize and publicize the fact that existing businesses will
not be pushed out. We respectfully suggest you call for cooperation and suggestions from the existing property owners, as well as operators of historic properties and other citizens, to join the Village in a cooperative effort to upgrade the existing properties - even under their present uses - and to see how they can
assist in improving the appearance and raising the value of all properties in the area,
3. We encourage you to develop a definition of "junked vehicle", so as to indicate clearly how
long unlicensed, unregistered vehicles may be stored in this area. We also suggest that "fast food" should
be defined,
4.

The Board was strongly in favor of raising the 300* minimum distance requirement to 400'. -

5.

The building department or some other body should be given clear authority over enforcement.

As your work on this matter proceeds, the Planning Board stands ready to assist in any way you
tjm.n appropriate.
™

Sincerely,

George F. Hritz, Chairman
Board Members
Donald Caetano
James Donovan
cc;

Edward McCarthy
Sttvcn Salman

Janet Gandolfo, James Margotta, Susan Portman, Joseph Gulino

Ellen Tsangaris
Roman Windas

�i

i

CONSERVATION ADVISORY COUNCIL (CAC)
VILLAGE OF NORTH TARRYTOWN
28 Beekman Avenue
North Tarrytown, New York 10591
Jan. 14,1694
Village of North Tarrytown
Office of Mayor and Board of Trustees.

I

Subject Zoning and Zoning change.
Gentlemen:
The CAC, for some time, has been involved In preparing a Local Wasterfron!
Revitalizatlon Program (LWRP) for the Village of North Tarrytown. This Is a program which'
involves, among other aspects, an extensive examination of land use considerations for the
entire community. The entire Village has been designated for consideration as our Local
Waterfront Community. Tho Council has been most ably assisted through the efforts and
involvement of Mr. Jeffrey Beach, Coastal Resources Specialist, Department of State, State of
New York. During our most recent meeting of the CAC a discussion of the C-1 Highway
Commercial Zoning District was considered and several points were discussed. Attached
hereto is a copy of the Comments which Jeff sent to me regarding the proposed changes to the
District as detailed in the Memorandum of Frederick P. Clark Associates.
In addition to Jeff Beach's comments I would add an Item which the CAC also considers
to be of great significance. It Is important that the legislative intent of the various zoning areas
of the Village be made as clear and as complete as possible. The simple elimination of the
columnar "General Description" should be replaced with an expanded Article III - Districts
description.
The concept of granting to the Planning Board or other authoritative body, the authority
and responsibility to Issue a conditional use or special permit use on a case-by-case basis to
insure that the Intent and purpose of the zoning regulations be established and maintained.
One very Important feature of the Village's Zoning regulations, at present, has become
very evident during this Highway C-1 consideration as well as past involvements dealing with R5 and possible M districts has been the antiquated and Inadequate zoning procedures and
regulations. Bedford Park, Pocantico Park and the building on Chestnut Street are but a few
examples of what happens when zoning regulations which are outdated, inadequate and
broadly interpreted and which must be allowed to prevail. The establishment of a Committee or
Group with the authority to study, recommend and suggest changes in the zoning regulations to
the Village's legislative body on an on-going, continuous basis would seem to be In order. The
Zoning Change Committee of the past years was a step toward such a concept but that group no
longer functions. We strongly recommend that such a body be considered so the our zoning
regulations may be kept current with the desires and goals of the VHtage and Its residents.

R, Sweet/Chair CAC '

I

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