https://sleepyhollow.localarchives.org/files/original/b6e76bc10ef9612073a394e1a07d58a6.pdf 14fe8710775016e84e943f8e17961741 PDF Text Text i A Special Public Hearing was held on Tuesday, March 29, 1994 to hear and consider amending and strengthening Local Law #4 of 1993 Chapter 17A, entitled "Environmental Protection and Abandoned Industrial Property Reclamation". Present: Mayor Sean Treacy Greg T. Jeffers Morris Alter Nicholas W. Cicchetti David Maloy Michael Hyland Trustees Also Present: Linda E. David, Village Administrator Donal M. Walsh, Jr. Village Attorney Stephen Kass, Attorney Absent: Trustee John T. Hayes, Jr. Mayor Treacy called the Public Hearing to order with a pledge to the flag at 7:15 PM. Trustee Hyland moved, second by Trustee Maloy to open the public hearing, motion carried. Mayor Treacy read the public hearing notice and asked Stephen Kass, Attorney representing us in the GM lawsuit to give an explanation of the proposed amendments. Stephen Kass stated that this is an overall attempt to improve the law. He gave an explanation of each of the proposed amendments to the existing law. Trustee Cicchetti asked who would define the proposed new Environmental Review Board members. terms of the Mr. Kass commented that the appointments would be made by the Mayor but no specific term is written in the amendment; this would be the time to add it. Mayor Treacy stated that he would like to have terms of five years so that the members would not be changing constantly. He suggested the initial appointments be (2) members for (3) year terms, and (3) members for (5) year terms so as to stagger the terms. Trustee Hyland stated that the appointments by the Mayor should be made with the consent of the Board. He asked Mr. Kass if the time limit had been extended for when the existing structure should come down. Stephen Kass responded that the proposed revised provision has a two tier process; first part is related to contamination of the existing structure of the facility, second part comes in at the end of five years which states that it must be taken down in any event if it's abandoned. 1 �There is a provision in the law to stretch that out to "ten years. This is to make it clear that we are dealing with two different kinds of public concerns; first is the contamination now, the second is the environmental impact on the long term effect from an abandoned large facility. Trustee Alter wanted to know what would happen if there was a difference of opinion between the Review Board and the owner. Stephen Kass commented that it can be challenged. Trustee Maloy asked about the definition of abandonment; could property be considered not abandoned if someone just drove a car around the property. Stephen Kass commented that they have not defined the term abandonment; there is a definition "termination of operation" which they have not changed. The Review Board could look at the facts and make a judgment in each individual case. Trustee Hyland moved, second by Trustee Maloy to open the hearing to public comments, motion carried. Walter Ceconi asked if members of the Review Board needed to be certified people in the Environmental Protection law. He felt that we need people on the Board who are knowledgeable about the environment. Stephen Kass commented that they are usually residents of North Tarrytown; one must be a member of the Conservation Advisory Committee and one must be a member of the Planning Board. If an owner is challenging the Review Board's decision, the owner has an obligation to provide qualified environmental consultants. Lydia Michalides asked how it being demolished even if that the village spent alot is there anything we can do long will GM plant be closed without it is not contaminated. She commented of money in keeping the plant open; about that. Mr. Kass stated in response to the first question, six years after the termination of operation, unless an extension was granted and that could be up to an additional ten years. This law is not just for General Motors, it is intended to forestall environmental problems in the abandonment of environmental projects such as General Motors. Donald Stever, the attorney who drafted the original law, stated that those kinds of issues are not something that this law can effectively deal with; it deals with environmental problems and land use problems. Mr. Ceconi asked if there was a natural disaster such as an earthquake, would the Review Board make a decision in that case. Mayor Treacy commented that there are other laws on the books that protect us in that area. 2 �Donald Stever applauded these amendments because it strengthens the law and urged the Board to adopt it. He cautioned that when the Board amends the law to make it easier to get an exemption, you must be very careful that the zoning ordinance ^nd other local land use ordinances are structured in such a way that you can prevent the "nuisance use" of 25% of the property. Mayor Treacy commented the Local Waterfront Redevelopment Project is nearing completion and this would address that problem. He thanked Donald Stever for all his help in drafting the original reclamation law. Urs Furrer asked for a definition of structure. Stephen Kass commented that structure would include any plant or improvement on the premises, this will be in the new draft. Dr. Richard Sweet asked when does the clock start running with regard to the property being abandoned. Mr. Kass commented it is the date of termination of operations. Mario Belanich asked why this meeting was called tonight and will these amendments be adopted tonight. Mayor Treacy commented that we want to strengthen our local law and he hoped that the Board would pass these amendments tonight. Mr. Belanich asked if someone else buys the property for the purpose of building cars, would this be allowed. Stephen Kass commented yes if they started within the five years providing no contamination was found within two years. Frank Rey complimented the attorney for all his efforts but wanted to know if we consulted with the State. Mayor Treacy stated that we have been in contact with the DEC and have found out information that will be helpful in our case. Mr. Rey asked if the reassessment of the building could be tied into this law somehow. Mr. Kass answered no. Mr. Furrer asked lawsuit. Mr. one and the if this law would have any affect on the Kass commented that these amendments do not pertain to any lawsuit, but relate to the overall operation of the statue felt if these amendments were passed they would be helpful in lawsuit. There being no further comments, Trustee Hyland moved, second by Trustee Alter to close the public hearing, motion carried. 3 �I k I Mayor Treacy read the attached Negative D e c l a r a t i o n and attached R e s o l u t i o n #03/40/94 was then passed. Resolutions-Attached There being no further business, Trustee J e f f e r s moved, second by Trustee Alter to adjourn the meeting, motion c a r r i e d . R e s p e c t f u l l y submitted, Angela Everett Deputy Village Clerk I I �Meeting Date: Resolution #: 03-29-94 03-40-94 Be It Resolved the Board of Trustees of the Village of North Tarrytown does hereby adopt the attached Negative Declaration with regard to the proposed amendments to Chapter 17A: Environmental Protection and Abandoned Idustrial Reclamation Law. MOVED; Trustee Alter Meeting Date: Resolution #: SECONDEDt Trustee Cicchetti VOTE; 03-29-94 03-41-94 Be It Resolved, that the Mayor and Board of Trustees does hereby adopt the amendments (see attached) to the Environmental Protection and Abandoned Industrial Property Reclamation, Chapter 17A of the Village of North Tarrytown. MOVED: Trustee Alter Meeting Date: Resolution #: SECONDED: Trustee Cicchetti VOTE; 5-0 03-29-94 03-42-94 Be It Resolved, that the Mayor and Board of Trustees does hereby authorize the Village to seek Environmental Audit proposals for the Riverfront Park, Sleepy Hollow Landing. MOVED; Trustee Alter Meeting Date: Resolution #: SECONDED; Trustee Cicchetti VOTE: 5-0 03-29-94 03-43-95 Be It Resolved, that the Village of North Tarrytown intends to declare itself lead agency for review of the Riverfront Park and Promenade Project. Notice of said resolution will be sent to all required agencies. MOVED; Trustee Malov SECONDED: Trustee Alter VOTE; 5-0 �1?^ SEQR 617.21 Appendix F State Environmental Quality Review NEGATIVE DECLARATION Notice of Determination of Non-Significance Project Number__ Date 3 / 2 9 / 9 4 This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Conservation Law. The N o r t h T a r r y t o w n V i l l a g e B o a r d o f T r u s t e e s , as lead agency, has determined that the proposed action described below will not have a significant effect on the environment and a Draft Environmental Impact Statement will not be prepared. Name of Action: Amendments t o Chapter 17A of t h e Code of t h e V i l l a g e o f North Tarrytown: Environmental P r o t e c t i o n and Abandoned I n d u s t r i a l Property Reclamation SEQR Status: Type I II _JL Unlisted Conditioned Negative Declaration: Yes X No Description of Action: Proposed amendments to the Code of the Village of North Tarrytown, Chapter 17A: Environmental Protection and Industrial Property Reclamation, to clarify the circumstances in which the Law applies and to modify the Law's affirmative obligations and the penalties imposed for its violation. I Location: (Include street address and the name of the municipality/county, A location map of appropriate scale also recommended.) Village of North Tarrytown, Westchester County, New York ���The proposed amendments will have no impact on agricultural land resources, since the law itself only applies to industrial facilities. The proposed amendments should have a positive impact on the aesthetic resources of the Village. The amendments would require the demolition, removal and proper disposal of dangerous, unsafe or environmentally threatening industrial structures. By requiring the removal of such structures, the proposed amendments are meant to avert the problems of visual blight and other threats to public health, safety and the environment caused by abandoned hazardous industrial facilities. The proposed amendments will have no adverse impacts on historic or archaeological resources. • The proposed amendments will have no adverse impacts on open space or recreational opportunities in the Village. • The proposed amendments will have no adverse impacts on transportation systems within the Village. • The proposed amendments will have no adverse impacts on energy consumption in the Village or the State. • The proposed amendments will have no adverse impacts with regard to odor. The proposed amendments will have no adverse impacts with regard to noise. The proposed amendments should have a positive impact on public health. The removal of hazardous substances and/or buildings can only be considered a benefit to public health and safety. The proposed amendments will have no adverse impacts on local neighborhood or community character. The removal of any existing hazards, as intended in the existing law and proposed amendments, will also improve the potential for development and for the broadening of the tax base in the Village. Based on this information, and since a separate site-specific environmental assessment is required for projects which are covered by the existing law and the proposed amendments thereto, the proposed amendments to Chapter 17A: Environmental Protection and Abandoned Industrial Property Reclamation of the Code of the Village of North Tarrytown are not expected to have any significant impacts on the environment. 500\notA-013.sJp.crc 2 �(e Amendments to Chapter 17A of the Code of the Village of North Tarrytown, the Environmental Protection and Abandoned Property Reclamation Law. Preamble The Board of Trustees of the Village of North Tarrytown hereby amends Chapter 17A of the Code of the Village of North Tarrytown, the Environmental Protection and Abandoned Property Reclamation Law (the "EPL"), to clarify the circumstances in which the Law applies and to modify the Law's affirmative obligations and the penalties imposed for its violation. BE IT ENACTED by the Board of Trustees of the Village of North Tarrytown as follows: 1. Section 17A-2 of the EPL is hereby amended by deleting the definitions of "Operator," "Owner" and "Transfer of Ownership or Operation" included therein and inserting in lieu thereof the following: "OPERATOR — A person or organized business enterprise exercising financial and management control over the operations of an industrial facility." "OWNER — A person or entity holding fee title to an industrial facility or possessing a leasehold interest in an industrial facility pursuant to a lease having a term of more than twenty-five (25) years. The term shall not include a governmental entity holding title or indicia of title solely incident to an industrial revenue bond financing arrangement or a payment in lieu �ii 377 of taxes arrangement; nor shall it include an entity holding indicia of ownership solely to protect a security interest or a person holding indicia of title as owner trustee or owner participant under a finance lease." "TRANSFER OF OWNERSHIP OR OPERATION — The transfer of either (1) title to or the owner's leasehold interest in an industrial facility by sale, lease, assignment, gift or other means or (2) a controlling interest in a corporation, partnership, joint venture or other entity the principal asset of which is an industrial facility, whether such transfer takes the form of a stock sale, gift, assignment, corporate reorganization, merger, consolidation or a combination or series of the foregoing." 2. The title of section 17A-3 is hereby amended by deleting the word "objections" and inserting in lieu thereof the word "obligations". 3. Section 17A-3(B) is hereby amended by: (a) inserting the phrase "Unless exempt under section 17A-5 hereof," at the beginning of the introductory paragraph of such subsection; (fe) deleting the phrase "one hundred eighty" from the introductory paragraph of such subsection (B) and inserting in lieu thereof the phrase "ninety (90)"; 2 �(c.) inserting the word "or" immediately preceding the word "disposed" in paragraph (1) of such subsection (B) and deleting the phrase "or incorporated into any structure on the facility." from such paragraph; (d) inserting the phrase ", satisfactory to the Environmental Review Board," after the word "investigation" in paragraph (2) of such subsection (B) and after the phrase "sampling and analysis" in paragraph (3) of such subsection (B); (e) inserting the phrase "physical structures and" after the phrase "complete investigation of the" in paragraph (2) of such subsection (B); (£) inserting the phrase "or in the physical structures at any concentration" after the phrase "greater than background" in paragraph (3) of such• subsection (B); and (g) deleting paragraphs (4) and (5) of such subsection in their entirety and inserting in lieu thereof new paragraphs (4), (5), (6) and (7) of such subsection to read as follows: "(4) Following completion of its obligations under Subsections B(2) and B(3) of this section, the owner and operator (or transferee) shall submit the site assessment conducted thereunder to the Environmental Review Board. If the site assessment (or, in the event the owner, operator or transferee 3 �fails to conduct such assessment in a manner reasonably satisfactory to the Environmental Review Board, such additional information as the Environmental Review Board shall have available to it) indicates that (a) the condition of the structure or structures included in the facility; or (b) the presence of sufficient quantities or concentrations of hazardous substances in the soil or groundwater of the facility (or any adjacent or other properties contaminated by such substances as a result of operations or ' activities at the facility) or beneath or incorporated into any structure or structures at the facility is such as to render the soil, groundwater or such structure or structures, in whole or in part, dangerous, unsafe or a significant threat to health or the environment, the Environmental Review Board may, after affording the owner and operator (or transferee) a reasonable opportunity to be heard and to present objections, direct the owner and operator (or transferee) of such industrial facility to take all remedial actions necessary to remove such hazardous substances from affected portions of the facility or the premises so contaminated so that the levels of such substances remaining in the environment after remedial 4 �activity is complete do not exceed background levels. Such directive may also include the demolition, removal and proper disposal of any dangerous, unsafe or environmentally threatening structure (or part thereof) where, in the judgment of the Environmental Review Board, such action is necessary to adequately protect public health, safety and the environment. "(5) If the owner or operator (or transferee) shall object to any directive issued by the Environmental Review Board pursuant to Subsection B(4) of this section, the objecting party may, by notice given within 15 days from the date of such directive, appeal such determination of the Environmental Review Board to the Village Trustees, who shall, after affording such party a further opportunity to be heard and to present objections to such directive, either affirm, modify or rescind such directive. "(6) In the event that the owner or operator (or transferee) shall fail to take such actions as may be directed by the Environmental Review Board pursuant to Subsection B(4) of this section or, in the event of an appeal to the Village Trustees pursuant to Subsection B(5) of this section, by the Trustees, the Village may commence proceedings in a court of competent jurisdiction to compel the performance of the remediation, demolition, removal and disposal specified 5 �-3j=~/ I by the Environmental Review Board or the Trustees, as the case may be, or to collect the costs of such remediation, demolition, removal and disposal from the owner and operator (or, at the option of the Village, such transferee)." "(7) The Village has determined that, in the event of termination of operations, the continuing presence of unused and abandoned structures, even if not sufficiently contaminated or in such condition as I to require their immediate demolition and removal pursuant to Subsection B(4), nevertheless poses a significant long-term threat to public health, safety and the environment. Accordingly, if five years after the date of termination of operations, such structures remain on the facility, the owner (or transferee) shall, not later than twelve (12) months thereafter, demolish all such structures on the facility site and remove all personal property and debris from the site, including all foundations, tanks and subsurface structures, regrade the site and eliminate all man-made hazards and structures. I 4. Section 17A-3(C) is hereby amended by inserting the phrase "(or transferee)" immediately after the phrase "owner or operator" in the first and third sentences of such section. 5. Section 17A-3(D) is hereby amended by inserting the phrase "(or transferee)" immediately after the phrase "owner or operator" in such section. 6 �9- 6. Section 17A-4(B) of the EPL is hereby amended to read as follows: "B. The owner and operator (or transferee) shall at the same time also provide to the Village of North Tarrytown a performance bond in an amount sufficient, in the judgment of the Environmental Review Board, to cover the estimated costs of site characterization and hazardous substance removal and disposal." 7. Section 17A-5(A) is hereby amended by deleting subsection 17A-5(A)(1) in its entirety and renumbering the remaining subsections accordingly. 8. Section 17A-5(A)(2) of the EPL is hereby amended by deleting the phrase "seventy-five percent (75%)" from such Section and inserting in lieu thereof the phrase "twenty-five percent (25%)". 9. Section 17A-5(B) of the EPL is hereby amended by deleting subsection 17A-5(B)(2) and (3) in their entirety and renumbering the remaining subsections accordingly. 10. Section 17A-6 of the EPL is hereby amended to read as follows: "A. The Village may seek civil injunctive relief in the Supreme Court to compel the performance of any duty imposed hereunder." "B. Any party who fails to comply with the provisions of this chapter shall be liable for a penalty of not more than $5,000 for 7 �I I -*k$ each offense. If the violation is of a continuing nature, each day during which the violation continues shall constitute an additional and separate offense. The Village shall collect penalties in a special proceeding in a court of competent jurisdiction." 11. Section 17A-7(B) is hereby amended by (a) adding the phrase M(or transferee)" immediately after the phrase "owner and operator" in such section and (b) changing the phrase "Paragraph B(5)" to read "Paragraphs B(4) and B(7)" in such section. 12. Section 17A-7(C) is hereby amended by changing the phrase "Paragraph B(5)" to read "Paragraph B(4)" in such section. 13. Section 17A-8 is hereby amended to read as follows: "The Environmental Review Board shall be composed of five (5) residents of the Village of North Tarrytown, one (1) of whom shall be a member of the Village of North Tarrytown Conservation Advisory Committee and one (1) of whom shall be a member of the Village of North Tarrytown Planning Board. The members of the Environmental Review Board shall be appointed by the Mayor with the approval of the Trustees for terms of five (5) years, except that two (2) of the initial members of such Board shall serve for terms of three 8 �(3) years each and the remaining "three (3) initial members shall serve for terms of five (5) years each. The Environmental Review Board is authorized to adopt rules and procedures necessary for its proceedings under this chapter. 14. Except as amended hereby, the EPL shall remain in full force and effect as on the date hereof. In the event any portion of these amendments is held to be invalid or unenforceable for any reason, the portions of these amendments not affected by such holding shall remain in full force and effect. 15. These amendments shall take effect upon filing in the office of the Secretary of State. 8118:048 9 �PUBLIC HEARING NOTICE VILLAGE OF NORTH TARRYTOWN PLEASE TAKE NOTICE, that the Board of Trustees of the Village of North Tarrytown will hold a public hearing on Tuesday, March 29, 1994 at 7 o'clock p.m. in Village Hall, 28 Beekman Avenue, North Tarrytown, New York to hear and consider amending and strengthening Local Law #4 of 1993, Chapter 17A of the code of the Village of North Tarrytown, entitled " Environmental Protection and Abandoned Industrial Property Reclamation". A copy of said proposed local law is available in the office of the Village Clerk. All taxpayers, residents and parties in interest are entitled to attend and be heard at said hearing. By Order of the Board of Trustees Linda E. David, Village Clerk Dated: March 19, 1994 �3f£ I NORTH TARRYTOWN POLICE DEPT MONTHLY REPORT MARCH I 1994 PARKING 671 TOTAL- 923 I METERS 252 �I I 1 . a >• ©. _ \z > U > K> u < o u S3 co *^ co > u. o a 3 2 2 Si ! > �J?J^F I 8 I §1 § * = • m 5 R) a S �3^ ALARM RESPONSE REPORT 03/01/94 - 03/31/94 04/08/ 94 Property Name Account Number Page 1 Date Time Event Error Assigned Officer Addr No Street Classification 448 BEDFORD RD ALARM FALSE COLUMBUS CONSTRUCTIO 03/27/94 1105 94-01420 Y PO CHECCHI,BO 28 BEEKMAN AV ALARM BURGLAR VILLAGE HALL 03/31/94 2005 94-01494 PO CAMP,GREGO 113 BEEKMAN AV ALARM BURGLAR BEEKMAN AV ALARM BURGLAR BEEKMAN AV ALARM BURGLAR BEEKMAN AV ALARM BURGLAR BRYAN #8 BRYAN #8 BRYAN #8 BRYAN #8 03/01/94 1107 03/15/94 0605 03/15/94 0903 03/17/94 0808 94-01058 PO OJITO,J0SE 94-01239 PO HROTKO,FRA 94-01241 PO PELLEGRINO 94-01278 PO OJITO,J0SE 94-01243 PO BIZZARR0,M 113 113 113 113 BEEKMAN AV ALARM BURGLAR 474 BELLWOOD AV ALARM BURGLAR 6 BIRCH ALARM BIRCH ALARM Unit AT JEWELRY JEWELRY JEWELRY JEWELRY BRYAN JEWELRY 03/15/94 1003 03/22/94 1523 CLOSE BURGLAR CLOSE BURGLAR AT 7 BIRCH CLOSE ALARM BURGLAR AT 95 COLLEGE AV ALARM BURGLAR 111 03/10/94 1633 03/10/94 1904 AT 1 94-01340 PO LOMBARDS V 94-01176 03/10/94 1830 PO PELLEGRINO 94-01184 SGT BOOTH,WILL 94-01183 PO BIZZARR0,M 03/26/94 1200 94-01403 PO CHECCHI,BO DEPEYSTER ST ALARM FALSE 03/06/94 2028 94-01126 Y PO CORONA,FRA 103 FARRINGTON AV ALARM BURGLAR 03/27/94 1200 94-01421 PO CHECCHI,BO 262 FARRINGTON AV ALARM BURGLAR 03/31/94 1802 94-01490 PO CAMP,GREGO 257 HARWOOD AV ALARM BURGLAR ISO 03/08/94 1220 94-01150 SGT FERGUSON,G 214 HIGHLAND AV ALARM FIRE AT 03/07/94 2308 94-01140 PO CAMPBELL,B 16 HUDSON ST ALARM BURGLAR 03/25/94 0241 94-01375 PO OJITO,J0SE 6 RJM TOWING & COLLISI PEARSON,JOHN #0 STARR AUTO REPAIR #25 �- ^ CD I ALARM RESPONSE REPORT 03/01/94 - 03/31/94 04/08/94 Addr No Street Classification Unit 21 KINGSLAND RD ALARM BURGLAR AT 126 MILLARD AV ALARM BURGLAR AT 174 MILLARD AV ALARM BURGLAR AT 210 N BROADWAY ALARM BURGLAR 1 N BROADWAY ALARM BURGLAR 283 N BROADWAY ALARM BURGLAR 262 PIERSON AV ALARM BURGLAR 92 POCANTICO ST ALARM FALSE 175 VALLEY ST ALARM BURGLAR 180 VALLEY ST ALARM BURGLAR Property Name Account Number Date Time Event Error Assigned Officer 94-01484 PO CAMPBELL, B 03/31/94 1326 03/01/94 0931 94-01057 PO CAMPBELL,B 03/25/94 1636 94-01383 PO CORONA,FRA SLEEPY HOLLOW HIGH S 03/28/94 2154 94-01445 PO OJITO,JOSE 1 ATC TRAVEL #055 03/07/94 0538 94-01127 PO CAPPELLO,P REAR DEL RIO COLLISION 03/13/94 1930 94-01224 PO CAPPELLO,P 03/28/94 0349 94-01425 PO LOMBARDI,V 03/31/94 1419 94-01486 Y PO CORONA,FRA 03/03/94 1826 94-01087 PO BENITEZ,AN 03/05/94 2158 94-01116 PO BENITEZ,AN AT MIKE'S DELI SUMMARY Total Alarm Calls: Total Sent in Error: Page 2 28 3 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Board of Trustees Meeting Minutes & Resolutions-1994 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_TRUST_1994-03-29 Subject The topic of the resource Board of Trustees Minutes-1994 Date A point or period of time associated with an event in the lifecycle of the resource 1994 Rights Information about rights held in and over the resource Village of Sleepy Hollow All Rights Reserved. Type The nature or genre of the resource Text