Board of Trustees
Village of Tarrytown
Regular Meeting No. 9
September 4, 2007 8:00 p.m.
PRESENT: Mayor Fixell, presiding; Trustees Basher, Butler, Hoyt, McGee, McGovern, and Zollo; Village Administrator McCabe; Village Treasurer Hart; Chief of Police Brown; Recreation Supervisor Arduino; Village Attorney Shumejda; and Village Clerk Booth
The meeting began with the Pledge to the Flag.
MAYOR’S ANNOUNCEMENT OF NEW YORK CONFERENCE OF MAYORS (NYCOM) SERVICE AWARDS TO TWO VILLAGE EMPLOYEES
In recognition of many years of distinguished public service to the Village of Tarrytown, the New York State Conference of Mayors is pleased and honored to publicly acknowledge the dedication and commitment along with congratulations from the Board of Trustees to the following employees: Police Lt. William Herguth – 40 years and Martin Anniccherico (DPW) – 25 years.
REPORTS
Mayor Fixell reported on the following:
- Fordham announced that they are going to sell the Marymount campus. As far as we know, there is no buyer at this point. The property is currently zoned R20, which means 20,000 sq. ft. single-family lots or ½ acre lots. Our Board has taken action and has authorized our consultants to determine how many lots that might mean. The initial look suggests that somewhere around 25-30 maximum, if they develop it all as single family. There are steep slopes, ridgelines, and they’re in the watershed; there are all kinds of restrictions. It is approximately a 25 acre site. The Board is also looking to possibly
landmark Butler Hall and two other buildings. An educational institution is permitted there as a special permit use, which is how they currently operate.
- Mayor Fixell read an excerpt of a letter written to the Mayor and the Board of Trustees from Kevin Plunkett regarding his daughter who was unfortunately hit by a car while on her bicycle at the intersection of Benedict and Loh Avenues on July 6, 2007. She’s ok and they did get a hold of the car that fled the scene. “Tarrytown Police promptly arrived and immediately took charge of the accident scene. Sgt. John Daly and Officers McGee, Nacari, Jones and Barosa expertly attended to my daughter while the Tarrytown Ambulance crew was responding. Carolyn was quite upset, bruised, battered and bleeding and fearful. Sgt.
Daly and his team of officers made sure she was comfortable and immobile so that no additional injuries would occur. After the Tarrytown Ambulance arrived, Sgt. Daly and the police officers conducted a thorough investigation of the witnesses at the scene with the thought they would apprehend the hit and run driver. Thanks to their effort and the efforts of the good Samaritans, later that evening the driver was arrested and prosecuted. I write this letter to acknowledge the excellent police work and to thank Sgt. Daly and Officers McGee, Nacari, Jones and Barosa for their kindness and caring for my daughter’s condition while she was quite distraught. Sgt. Daly and his crew epitomize the professionalism of the entire Tarrytown Police Department under the direction of Chief Scott Brown. All of the Plunketts are grateful for a super police department.”
Trustee Hoyt reported on the following Recreation activities:
- Village Wide Tag Sale to be held on Saturday, September 15th at 11:00 a.m.
- Ferry-go-round to be held on Sunday, September 16th at 11:00 a.m.
- Many fall activities coming up for all residents including our seniors. For more information, please call the Recreation Dept. at 631-8347.
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Trustee Butler stated that the Tarrytown Lakes Committee, chaired by Kathy Knight is currently looking for new members. If anyone is interested on joining this committee, please contact either Kathy Knight or Carol Booth at Village Hall.
Trustee Basher stated that our local schools are opening. Please drive safe and watch for children crossing the street. Please stop for school buses in either direction. Irvington schools open tomorrow and the Tarrytown schools opens on Thursday.
OPPORTUNITY FOR THE PUBLIC TO ADDRESS THE BOARD: SPEAKERS HAVE 5 MINUTES BEFORE YIELDING TO THE NEXT PERSON: THEN 3 MINUTES FOR ADDITONAL COMMENTS
Tori Weisel, 8 Washington Place, stated that she is very interested in the RiverWalk process that has already been started. Particularly, the RiverWalk section that starts at Lyndhurst Estate, goes through Kraft Foods, along the Metro North segment that’s between Paulding and Van Wart Avenues and ends up at Van Wart. She thanked the Board for alerting her and her neighbors about the RiverWalk and also at the February 14th work session, the Board was kind and listened to their concerns. The Board also sent a letter to Westchester County with all of their concerns from steep slopes to erosion to privacy to having trees taken down. She requested that the 4 property owners that are mostly affected by this be looked at as individuals and put in touch with the County. They’re concerned about landscaping and screening and she recommends the Planning Board pay close attention to environmental issues, such as steep slopes and wetlands. She asked about indemnification for the 4
property owners that are being impacted by this because she understands there will be some rock blasting and erosion that may cause problems with these particular properties. She also asked who is going to take care of the landscaping and who is going to patrol the path once it is opened. She requested the County meet with the 4 property owners one on one because each property has its own set of issues. She thanked the Board for all their help and hopes that the Board can arrange the County to work with them individually.
Linda Asher, 92 Paulding Avenue, stated the following concerns: 1) What is the starting date; the finishing date? 2) Will there be any blasting; what kind of machinery will be used; how will you get it to the building site? 3) How long do you anticipate it will take to complete the project? 4) What kind of noise can I expect? 5) Will work take place 7 days a week; during what hours? The land behind her fence falls off sharply down to the railroad tracks and is unstable. She fears erosion. How will this be addressed; will you be building retaining walls on both sides of the RiverWalk? 6) There are some very large natural trees (oaks, sassafras, etc.) behind the fence that act as a windbreak. The side of her house that faces the river is heavily glassed and faces
west. Strong winds blow off the river, especially in the winter. Are those trees going to be removed? 7) She has heard the path will be between 8 ft. and 15 ft. wide. How wide will it actually be; what will it made of; what will it look like; who will maintain it? 8) Who will be responsible for security during construction and after completion? 9) Who will choose and maintain landscaping material? 10) What about any damage to her existing landscaping and fence? She thanked the Board for all their help and any questions the Board can answer would be appreciated. Mayor Fixell stated that the Village will be in charge of maintaining, patrolling and policing the RiverWalk. Village Engineer Michael McGarvey suggested arranging a site visit with Westchester County and addressing all the questions and concerns. Village Administrator Stephen McCabe stated that we will arrange individual meetings with the 4
respective property owners and he suggests getting the questions in writing to the County ahead of time.
Claire Ballantyne, 117 Paulding Avenue, stated that a few of her concerns were security and that she didn’t want her river view taken away.
Lucian Del Priore, 94 Paulding Avenue, stated that he would like a really good idea of what this is going to look like from his property and vice versa. He suggests the County provide architectural drawings of the proposed RiverWalk to homeowners in
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the neighborhoods for their comments, prior to starting construction of the walk. These elevation drawings should specifically show the view of the homes and lots from RiverWalk, and the view of RiverWalk from the decks, windows and lawn areas of the affected homes.
Charles Lickel, 104 Van Wart Avenue, stated that his property line is the closest to the RiverWalk and it is also the site that has the steepest slope that the original design had handicap accessibility. His concerns are both environmental and quality since he has such a clear view of the trail. From an environmental perspective, he is concerned about drainage. The SEQRA report stated that there were no drainage issues. However, in the last year, Metro North Railroad dug a drainage ditch between his property and the railroad line; it doesn’t drain. Still water remains in the ditch and attracts mosquitoes. The path can further damage that drainage issue. It will also impact quite a few trees on his property and he also is concerned about tree roots that could end up in his
house. On the quality side, the original report says it’s going to be asphalt. He doesn’t want a road going along the river. He would rather have something that fits in with the river environment. He would like to ensure the quality of the fencing is suitable as well. There are expensive homes along the river and a chained-linked fence could damage the value of the properties. He would prefer a six-foot wide path, which is more typical for a steep hillside in terms of the planning document that was originally published on the website versus the current plan that was described as an 8 ft. wide path. If it is going to be an 8 ft. trail, the Village should be concerned of bicycles on it and safety issues. The original planning document stated that for bicycles to be valid on the trail, it would need to be at least 10 ft. wide in nature. He stated there are sanitary aspects of keeping the trail clean from trash.
Mayor Fixell stated that it will be our responsibility for our Parks and Recreation to keep it clean. Mr. Lickel continued to state that one thing that was missing from the report which was on the County’s original plans was parking spots. It was mentioned that they were going to have some parking spots just south of Lyndhurst and the recently submitted report stated that no parking would be provided as part of the SEQRA document. He would prefer people parking at the Lyndhurst area versus having them come into Van Wart to park to have trail access. Trustee Basher stated that he would look into the parking situation. He stated that it was the Board’s request to provide parking either at Sunnyside or Lyndhurst.
Madge Halpern, 92 Paulding Avenue, asked if she can speak to someone to find out where and what those wet lands are that are mentioned in the SEQRA report. Trustee Basher stated that this is a key question for the County to prepare answers for us and provide a map to show us where they are.
NEGATIVE DECLARATION REGARDING THE HUDSON RIVER WATERFRONT PARK REDEVELOPMENT PROJECT APPLICATION FOR GRANTS
Trustee Basher moved, seconded by Trustee Zollo, and unanimously carried that the following be approved: Approved: 7-0
WHEREAS, the Proposed Action is to apply for grants to fund and support the Hudson River Waterfront Parks Redevelopment Project, and
WHEREAS, the Proposed Action is limited to the applications to seek grants for the Hudson River Waterfront Parks Redevelopment Project and does not constitute the actual implementation of the proposed new "Scenic Hudson Riverwalk Park", and
WHEREAS, the Proposed Action is an Unlisted action pursuant to the State Environmental Quality Review Law, and
WHEREAS, an Environmental Assessment Form [EAF] was filed and,
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WHEREAS, the Board of Trustees of the Village of Tarrytown is the only agency which has approval authority over the Proposed Action, and is therefore the Lead Agency for the Proposed Action, and
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
1. In accordance with Article 8 of the State Environmental Conservation Law and 6NYCRR Part 617, including without limitations the criteria set forth in 6 NYCRR Part 617.7(c) and based upon review of the Environmental Assessment Form and all other materials that were prepared for the Proposed Action, the Village Board of Trustees hereby determines that Proposed Action will not have a significant adverse impact on the environment, and hereby adopts a Negative Declaration.
AMMENDMENT TO A RESOLUTION REGARDING SURPLUS PROPERTY ON NEPERAN ROAD
Trustee Basher moved, seconded by Trustee Zollo, and unanimously carried that the following be approved: Approved: 7-0
BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown hereby amends the resolution dated March 6, 2006 to accept the revised bid of Chris Rowland to purchase the surplus property on Neperan Road from the Village of Tarrytown for a value of $475,500.00
APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF THE BOARD OF TRUSTEES HELD ON AUGUST 20, 2007
Trustee Zollo moved, seconded by Trustee McGovern, and unanimously carried that the following resolution be approved: Approved: 7-0
BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown hereby approves the minutes of the regular meeting of the Board of Trustees held on August 20, 2007 as submitted by the Village Clerk.
APPROVAL OF THE MINUTES OF A SPECIAL MEETING OF THE BOARD OF TRUSTEES HELD ON AUGUST 29, 2007
Trustee McGee moved, seconded by Trustee McGovern, that the following be approved. Motion carried, all voting “aye” with exception of Trustees Basher and Zollo who abstained. Approved: 5-0
BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown hereby approves the minutes of the special meeting of the Board of Trustees held on August 29, 2007 as submitted by the Village Clerk.
APPROVAL OF AUDITED VOUCHERS #4
Trustee Basher moved, seconded by Trustee Zollo, and unanimously carried that the following resolution be approved:
RESOLVED: The following Abstract bearing No. 4, dated September 4, 2007 containing Vouchers No. 000973 through No. 001125 is hereby ordered paid in the
following amounts as presented:
General $ 273,167.26
Water 19,465.09
Capital 735,998.60
Library 4,004.54
Trust & Agency 82,638.97
Total $1,115,274.46
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The Board was polled all voting “aye” with the exception of Trustee McGee who abstained from Voucher Numbers 000993 and 001101 and Trustee Hoyt who abstained from Voucher Number 001019, 001095, 001033, 001079, and 001125. Motion carried 7-0.
ADJOURNMENT
Trustee Basher moved, seconded by Trustee Hoyt, and unanimously carried, that the meeting be adjourned at 8:38 p.m.
Carol A. Booth
Village Clerk
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