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February 16 1999

VILLAGE OF CROTON-ON-HUDSON, NEW YORK

VILLAGE BOARD MEETING MINUTES - TUESDAY, FEBRUARY 16, 1999



A Regular Meeting of the Board of Trustees of the Village of Croton-on-Hudson, NY was held on Tuesday, February 16, 1999 at the Municipal Building, Van Wyck Street, Croton-on-Hudson, NY 10520.

The following officials were present:

        Mayor Elliott                           Trustee Daubney
        Village Manager Herbek          Trustee Grant
        Village Attorney Waldman                Trustee McCarthy
        Treasurer Reardon                       Trustee Watkins

1.  CALL TO ORDER:

    Mayor Elliott called the meeting to order at 8:10 PM.  Everyone joined in the Pledge of Allegiance.


2.  PRESENTATION:

Mayor Elliott introduced Commissioner Landi, Dr. Nevas and a representative from Savin Engineering who were present to give the Board an update on what has been happening at Croton Point.  Michael Kaplowitz, Croton's County Legislator, was also present.

Commissioner Landi stressed that the Croton Capping Project is one of the most important projects to Westchester County and one of the by-products that comes from capping the landfill is methane gas.  He introduced Dr. Nevas to discuss one of the possible solutions for the use of methane gas but stressed that no decision has been made on the final alternative of what to do with the natural gas.  He said we are still in the process of investigating alternatives and no decision will be made in the very near future.

Dr. Nevas briefly discussed what Savin has done to date.  There is an exhaustive analysis and testing being performed to see what potential there is for the gas being produced by the landfill which is about a million cubic feet a day of which about 50% is methane.   He used drawings to help explain the studies which were undertaken.  The conclusions identified four potential alternatives for the village and the county to consider.  The parks around the landfill have some electrical power needs.  The gas can be converted to produce electrical power and the parks can  be supplied with that power.  There are discussions taking place with Metro-North because of their proximity to the landfill to see how they could utilize the gas.

Dr. Nevas explained that after purifying the landfill gas from  50% methane to about 80 to 85% methane, you could use that gas to fuel vehicles.  There is a pilot demonstration facility that has been going on for over a year.  It is a small-scale unit at the east end of the landfill and we have tested two mini-vans the county owns to see  the feasibility of utilizing the cleaned up natural gas as fuel.  The last alternative is the aquaculture hydroponic which is to utilize the gas to heat the water in a tank that would grow a certain type of fish or to grow vegetables in a nursery fashion.

Dr. Nevas continued, the next phase the county did was to purify the gas on a small skid-mounted unit that has been operating at the landfill.  The passenger vehicles were tested and one of the county vehicles was converted.  We want to run tests on that vehicle to see the performance of that vehicle using the landfill gas and take a portion of the gas, convert it to electricity and supply it to the park electrical requirements.

He explained that under Phase 3, the parks generator facility would be completed and bid and there would be a pipe running from the landfill to the Metro-North facility where they would be utilizing the gas as the boiler fuel and the performance of the one vehicle that was converted would be tested using the skid-mounted facility that has been in place.  As part of Phase 3, there would be a proposed 50 x 100 lot of a greenhouse in which the aquaculture and hydroponic facility would be demonstrated.  At the end of this phase which would be 1-1-1/2 years, all of these uses would be summarized, the options would be evaluated, submitted to the county and presented to the village.  At that time, if any of these options appear feasible and approved by the various bodies involved, the county would have to choose whether to go private or public and implement the results.  There would have to be a SEQR process and public hearings and it is a long way off.  What is being proposed is to continue what is happening at the landfill to demonstrate on one large vehicle and to conduct the aquaculture test.

Trustee Daubney asked if it wouldn't be prudent to eliminate things that wouldn't be well received right away and the county wouldn't have to spend the time or the money investigating them.  I think that our community is not really interested in having large trucks refueled at Croton Point.  While you would take only one truck to find out if this is feasible or not, you might find it is feasible but then to Croton, it is infeasible.

Dr. Nevas explained that the compressed natural gas that is being produced would primarily be used for the vehicles that are already traveling along Route 9 going from Yonkers to the Peekskill RESCO facility.  The intent, if it happens, is not to go into the park at all.  The cleaned-up gas would be brought out to Route 9 and have a filling station on Route 9.  Those are not details that have been worked out.

Trustee Watkins asked if it would be only large vehicles that would utilize this converted gas and Dr. Nevas replied that was the current plan.  Trustee Watkins questioned the size of the fleet that was being discussed and Dr. Nevas responded that the number of vehicles traveling the roads from Yonkers and transfer stations in White Plains and Mount Vernon going to RESCO is about 30 to 40 vehicles on a daily basis.  Trustee Watkins stated so the theory would be that these 30-40 vehicles would stop at some location within the village limits and refuel on a daily basis.  Dr. Nevas replied that is correct.

Trustee Grant questioned how the gas would get from Croton Point to the filling station and Dr. Nevas responded it would be double lined pipe from the park to the filling station.

Trustee McCarthy requested that Dr. Nevas share potential locations for the filling station with the Board.  Dr. Nevas stated that he had no idea where it would be because they have not conducted a search for a site where it could be located.  At the moment, we are still studying whether it is technically feasible to run a vehicle of that size.  While it has been proven successful on a passenger vehicle, we are not ready to say that it would be feasible on a large vehicle.

Trustee McCarthy questioned whether it would be correct to say that there may be no location available on Route 9.  Dr. Nevas stated if the test proves to be infeasible, then there won't be any.  Trustee McCarthy stated the question I am asking you is should you determine that there is no location available on Route 9, are you saying that the analysis of this option ends there or are you saying that the county would then have to consider whether to locate the facility at the park.  Dr. Nevas stated he didn't know the answer to that.  When questioned further by Trustee McCarthy, Dr. Nevas agreed that (hypothetically) if no location could be found on Rt. 9, the fueling station would probably be located in Croton Point Park.

Trustee Grant asked the size of the property required and was advised it would be a larger facility than a normal gas station.  There was discussion about where the pipes would go and safety concerns but nothing has been designed so far.

Dr. Nevas also stated that (hypothetically) the pipe would attach to the bridge leading to Croton Point and then from there the pipe would be brought to a location on Rt. 9.

Trustee McCarthy stated I do not believe that county parkland is the appropriate place for such a facility as this.  That parkland is to be used for recreational purposes.  Many representations were made to the people of this community when that dump was closed and I think those representations should be fulfilled.  I don't think that is happening if you are going to propose that you are going to have trash hauling vehicles refueled at either Croton Point Park or on Route 9 within the jurisdiction of this village.

Trustee Watkins addressed Commissioner Landi stating you went to great pains to indicate this evening that no final decisions have been made and while you didn't say this board would have any ultimate decision-making power, you seemed to indicate that you were looking for our input.  I think the input has been expressed tonight and I would echo that input that the concept of 30-40 large waste-hauling vehicles coming into this community on a daily basis is something that is simply not acceptable and I cannot imagine any support from this community.

Trustee McCarthy stated that this Board should pass a resolution this evening that should be transmitted immediately to the County telling them that we are opposed to this proposal.

Mike Kaplowitz, County Legislator, said he has heard the message loud and clear and read a letter he had written to County Executive Andrew Spano on this subject.  He stated he is Chairman of the Committee on the Environment and this proposal is not going to leave his committee.   

Commissioner Landi thanked the Board and acknowledged that the concerns of the Board are well heard and they will continue to work with the village towards an acceptable conclusion of this project.

3.    APPROVAL OF MINUTES:

      Motion was made by Trustee Grant to approve the minutes of the Regular Board Meeting held on February 1, 1999 as corrected.  Trustee Daubney seconded the motion which was approved unanimously.

4.   APPROVAL OF VOUCHERS:

      Trustee Grant made a motion to approve the vouchers as follows, subject to review by the Audit Committee.  The motion was seconded by Trustee Daubney and approved unanimously.

                General Fund            $ 25,409.00
                        Water Fund                  4,350.40
                Capital Accounts            9,370.68
                                        $ 39,130.08

5.   PUBLIC HEARINGS:

a.    Hudson National Amended Special Permit (cont'd.):   Mayor Elliott reopened the Public         Hearing.

Discussion:

Trustee Daubney suggested an addition according to the recommendation of the Recreation Advisory Committee on Page 12 under Public Access.  No. 32 rather than stating village residents, state "school district residents".  Attorney Waldman stated  the language had not been finalized but it has been discussed having wording such as village residents and if the Village Board so decides, school residents, so it is at this board's discretion.

Linda Whitehead stated that the village residents only provision was part of the original Prickly Pear approval and the golf club feels very strongly there is no basis for changing it.

The public hearing was adjourned until the meeting of March 8, 1999 by unanimous approval of the board.

b.    Local Law Introductory #3 of 1999, "Proposed Rezoning of Certain Parcels to Waterfront Development (WD) District".
Discussion:

Manager Herbek outlined the text of the proposed local law and Mayor Elliott opened the floor for public comment.

Adam Wekstein, representing the developer that owns the designated land stated the Planning Board issued a letter of recommendation to this Board with which we wholeheartedly concur.  To set the record straight, there are some references to conditions that may be imposed; among them, completing the trail system and trying to attempt to obtain regular access from the south.  Both of those are part of what we intend to do but we wanted to make clear on the record that both of those are not completely within our control.

Mr. Wekstein suggested that under Section II.  Zoning Amendments, subsection  C the word "structure" be added after the word building in the 1st and 5th lines of the paragraph.

Mayor Elliott and Attorney Waldman had no objection to adding the word "structure" to the text.

John Sarcone asked where the parcels were located and was advised they were in the Half Moon Bay Development.  He asked whether the site plan had been approved already and was advised it hadn't been but that site plan approval rests with the Planning Board.

Mayor Elliott closed the Public Hearing and asked members of the Board for a motion.

After some discussion about the school district anticipated requirements, Trustee Grant made a motion to adopt Local Law #3 of 1999 with the addition of the word "structure".  Trustee Watkins seconded the motion and all voted "aye".

c.     Local Law Introductory #4 of 1999, "Proposed Zoning Text Amendments Regarding Signage".

Manager Herbek explained the purpose and intent of the law and the proposed zoning amendments and Mayor Elliott opened the floor for public comment.

Peter Kempner from the Shop Rite Shopping Center discussed the recent improvements to the shopping center and explained the proposed signage for the shopping center to identify it from Route 9.

Mayor Elliott closed the public hearing and asked the members of the Board for a motion.

Discussion:

Trustee McCarthy questioned the definition of billboard.  David Stolman explained the definition and how it developed.  He suggested changing the wording under Section II. A. to read as follows:  BILLBOARD - The type of sign commonly known as a "billboard"

Trustee Grant made a motion to adopt Local Law #4 with the change in wording.  The motion was seconded by Trustee Watkins, with all voting "aye".

6.  CORRESPONDENCE:

        Manager Herbek read the following correspondence (full text available at the Village Office):

        a.  Letter from Mary Zimmermann, re: resident play - Hudson National Golf Course.

            Trustee Grant commented that it doesn't make sense to her that Hudson National        would object to the request to include school district residents because the whole program is administered by the Recreation Department and Hudson National doesn't know the people.  Attorney Waldman suggested putting it in terms that if the Village Board so decides, school district residents as well.  The motion was unanimously agreed to.

        b.  Letter from Portia Clark, member of the Conservation Advisory Council, re:  public relations information and Gazette column.

        c.  Letter from Martin Smolin, Saw Mill River Audubon Society, re: posting "Kaufman" parcel.

        d.  Letter from Ross J. Pepe, Construction Industry Council, re:  NYS Transportation Budget-funding cuts.  The Board directed the Village Manager to write a letter to the Governor protesting this reduction.

        e.  Letter from NYS Office of Real Property Services, re: revision of Residential Assessment Ratio.

        f.  Letter from Audrey Dinkler, 50 Batten Road, re:  suggestions for waterfront development.


7.      CITIZEN PARTICIPATION:

John Sarcone  asked when the Board had changed the meetings and Mayor Elliott advised that they were still on the 1st and 3rd Mondays of the month but the Board has adjusted the schedule for one or two meetings due to conflicts.

John Sarcone stated that he is totally opposed to the use of Croton Point for anything other than a park as it was intended.

He discussed possible violations at Metro-Enviro regarding the leachate.  Trustee McCarthy stated that there is a provision in the DEC permit that talks about that leachate having to be pumped out and disposed of at certain intervals which raises a question in my mind as to their use of watering down the piles of debris with that leach; whether that is a violation of the DEC permit?

Manager Herbek advised he had requested Metro-Enviro to discontinue the practice, whether it was part of the permit or not and Metro-Enviro has agreed not to use the leach.

Trustee McCarthy requested that Manager Herbek get Metro-Enviro's records of the disposal of the leach.

Ted O'Shafee from Nordica gave the Board some information on fisheries and how destructive they can be with respect to the County's plan for Croton Point Park.

Regina Carroll expressed hope that the citizens will participate and make known their opposition to the County's plans for Croton Point Park..

Ann Di Cioccio stated she would have appreciated knowing representatives of the county were going to be present and said there would have been a lot more people at the meeting if the public had been notified.  Mayor Elliott advised that their attendance was not confirmed until Friday and he would be happy to ask them back again.

Michelle Celarier encouraged citizens to contact Mr. Kaplowitz on Friday to make sure the issue of the County's plans for Croton Point Park is dead.  If it is not, she encouraged them to go to the County Office Building to protest on February 22, 1999 on the 8th floor at 7 PM when the County Board of Legislators is going to meet.

Joel Klein, Old Post Rd. N., stated two alternatives for use of the methane gas appear to be very positive: to fuel the Metro-North heating facility and to generate electricity for the park's electrical system.
RESOLUTIONS:

On motion of TRUSTEE DAUBNEY,  seconded by TRUSTEE GRANT, the

following resolution was adopted by the Board of Trustees of the Village of Croton-on-Hudson, New York by unanimous vote:

        WHEREAS, cities, towns and villages in Westchester County are severely restricted in their revenue base, with real property tax as their main source of revenue constantly rising and putting a disproportionate burden on the property owner; and

        WHEREAS, the County Executive and the Board of Legislators advocated and approved the distribution of sales tax revenue to the cities, towns and villages and school districts, in accordance with Chapter 272 of the Laws of 1991,

        NOW, THEREFORE, BE IT RESOLVED THAT, the Village of Croton-on-Hudson hereby requests our State representatives to support a two-year extension on Article 29, Section  1262-b of the tax law.  Entitled 1991 property Tax Relief Act, which said law presently, has a sunset provision of May 31, 2000;

        BE IT FURTHER RESOLVED, that by copy of this resolution we urge our representatives to support the extension of the 1991 Property Tax Stabilization and Relief Act until such time as New York State Aid to Local Governments is restored.

        b.      On motion of TRUSTEE MC CARTHY, seconded by TRUSTEE DAUBNEY,            the following resolution was adopted by the Board of Trustees of the Village of                 Croton-on-Hudson, New York by unanimous vote:

        WHEREAS, on behalf of WB Arrow, LLC, a New York limited liability company having offices at 570 Taxter Road, Elmsford, New York, the firm of Cuddy & Feder & Worby has prepared the deed of dedication for Indian Summer Drive part of the Arrow Crest Subdivision along with a form TP-584 and form EA-5217 for recording; and

        WHEREAS, all of the construction work on Indian Summer Drive has been completed in a satisfactory manner and inspected by Director of Public Works Ken Kraft and Village Engineer Kary Ioannou,

        NOW, THEREFORE, BE IT RESOLVED THAT the Village of Croton-on-Hudson accepts the dedication of Indian Summer Drive together with the utilities contained therein, including, but not limited to, water and sewer lines, sewer pump, gas, telephone and television cables, as shown on a certain map entitled, "Revised Subdivision Map Arrow Crest, Revising and Amending Filed Map No. 25255 Village of Croton-on-Hudson, Town of Cortlandt, Westchester County, New York", and filed in the Westchester County Clerk's Office on January 16, 1996 as Map No. 25587 and

        BE IT FURTHER RESOLVED, that the Village Manager proceed with the filing of the deeds in the Westchester County Office of Land Records.

c.      On motion of TRUSTEE GRANT, seconded by TRUSTEE MC CARTHY, the
following resolution was adopted by the Board of Trustees of the Village of Croton-on-Hudson, New York by unanimous vote:

        WHEREAS, on behalf of WB Croton, LLC, a New York limited liability company having offices at 570 Taxter Road, Elmsford, New York, the firm of Cuddy & Feder & Worby has prepared the deed of dedication for Newton Court part of the Westwinds Subdivision along with a form TP-584 and form EA-5217 for recording; and

        WHEREAS, all of the construction work on Newton Court has been completed in a satisfactory manner and inspected by Director of Public Works Ken Kraft and Village Engineer Kary Ioannou,

        NOW, THEREFORE, BE IT RESOLVED THAT the Village of Croton-on-Hudson accepts the dedication of Newton Court together with the utilities contained herein, including, but not limited to, water and sewer lines, sewer pump, gas, telephone and television cables, as shown on a certain map entitled, "Final Subdivision Plat, Baltic Estates, Scenic Drive West, Village of Croton-on-Hudson, Town of Cortlandt, Westchester County, New York", and filed in the Westchester County Clerk's Office on July 31, 1996 as Map No. 25772 and

        BE IT FURTHER RESOLVED, that the Village Manager proceed with the filing of the deeds in the Westchester County Office of Land Records.

        d.      BUDGET MODIFICATIONS:

        On motion of TRUSTEE MC CARTHY, seconded by TRUSTEE DAUBNEY, the following resolution was adopted by the Board of Trustees of the Village of Croton-on-Hudson, New York by unanimous vote:

        WHEREAS, the Village Treasurer of the Village of Croton-on-Hudson has determined the need for budget modifications in the following accounts in the 1998-99 General Fund appropriations; and

        WHEREAS, the departments affected have discussed the transfers with the Treasurer and having reviewed the budget request the following budget transfers:
        Fire Department
         1.   Increase  3120.470 by   $ 1,000.00  (Vehicle Repairs)
         2.   Decrease 3120.100 by   $ 1,000.00  (Personnel Services)
         3.   Increase  3410.400 by   $      5.00  (Contractual)
         4.   Increase  3410.470 by   $ 4,000.00  (Vehicle Equipment)
         5.   Increase  3410.470 by   $    18.00  (Vehicle Equipment)
         6.   Increase  3410.260 by   $   605.00  (Communications)
         7.   Increase  3410.422 by   $ 2,500.00  (Truck Supplies)
         8.   Decrease 3410.410 by   $      5.00  (Inspection)
         9.   Decrease 3410.200 by   $ 4,000.00  (Equipment)
        10.  Decrease 3410.250 by   $     18.00  (Extinguishers)
        11.  Decrease 3410.241 by   $   605.00  (Ambulance Gear)
        12.  Decrease 3410.420 by   $ 2,500.00  (Supplies)
        13.  Increase  3410.800 by   $ 2,082.00  (Workmen's Compensation)
        14.  Decrease 9015.800 by   $ 2,082.00  (Police & Fire Retirement)

        NOW, THEREFORE, BE IT RESOLVED that the Village Treasurer amend the 1998-1999 General Fund budget to reflect these changes.

        On motion of TRUSTEE DAUBNEY, seconded by TRUSTEE WATKINS, the following resolution was adopted by the Board of Trustees of the Village of Croton-on-Hudson, New York by unanimous vote:

        WHEREAS, the Engineering/Assessment Department of the Village of Croton-on-Hudson has the need for additional file cabinets for its use; and

        WHEREAS, the department estimated the need at 4 cabinets, which can be purchased from Corporate Express, a vendor under the inter-municipal purchasing agreement let by the Town of Cortlandt for a cost of $3,016.00; and

        WHEREAS, the Engineer and the Assessor, in conjunction with the Treasurer, have reviewed the budget and have requested the following budget transfers to accommodate this purchase:

                1.  Increase  1355.200 by  $ 1,508.00  (Equipment)
                2.  Decrease 1355.400 by  $ 1,108.00  (Contractual)
                3.  Decrease 1355.420 by  $   400.00  (Supplies)

        NOW, THEREFORE, BE IT RESOLVED that the Village treasurer amend the 1998-1999 General Fund budget to reflect these changes.

        On motion of TRUSTEE GRANT, seconded by TRUSTEE DAUBNEY, the following resolution was adopted by the Board of Trustees of the Village of Croton-on-Hudson, New York by unanimous vote:

WHEREAS, the Croton Records Officer asked for and received a $7,105.00 grant from the NY State Archive and Records Department to index the Village's Board minutes; and

WHEREAS, the second half of the funds to accomplish this task have now been received from the State of NY, the Village Treasurer wishes to amend the 1998-99 General Fund Operating budget affecting the following accounts:

        1.  Increase 1460.400 by        $ 2,842.00  (Records Management Contractual)
        2.  Increase     3060   by      $ 2,842.00  (Records Management State Aid)

        NOW, THEREFORE, BE IT RESOLVED that the Village Treasurer amend the 1998-1999 General Fund budget to reflect these changes.


        On motion of TRUSTEE DAUBNEY, seconded by TRUSTEE MC CARTHY, the following resolution was adopted by the Board of Trustees of the Village of Croton-on-Hudson, New York by unanimous vote.

        WHEREAS, the Village of Croton receives funds from MEDIAONE, a cable franchise, to offset the cost of taping the Village Board monthly meeting schedule in the amount of $5,460.00; and

        WHEREAS, the funds to accomplish this task have now been received from MEDIAONE, and the Village Treasurer wishes to amend the 1998-99 General Fund Operating budget affecting the following accounts:

        1.  Increase 1010.111 by        $3.000.00  (Part-Time Personnel to Tape Meetings)
        2.  Increase 1990.424 by        $2,460.00  (Supplies administration)
        3.  Increase     2188   by      $5,460.00  (Cable TV Taping agreement)

        NOW, THEREFORE, BE IT RESOLVED that the Village Treasurer amend the 1998-1999 General Fund budget to reflect these changes.

        On motion of TRUSTEE MC CARTHY, seconded by TRUSTEE DAUBNEY, the following resolution was adopted by the Board of Trustees of the Village or Croton-on-Hudson, New York by unanimous vote:

        WHEREAS, the Village Treasurer of the Village of Croton-on-Hudson has determined the need for budget modifications in the following accounts in the 1998-99 Water Fund appropriations; and

        WHEREAS, the departments affected have discussed the transfers with the Treasurer and  having reviewed the budget, request the following budget transfers:

        1.  Increase  002-8320.120 by  $9,539.00  (Personnel Services)
        2.  Decrease 002-9730.700 by  $9,539.00  (B.A.N. Interest)

        NOW, THEREFORE, BE IT RESOLVED that the Village Treasurer amend the 1998-1999 Water Fund budget to reflect these changes.


        On motion of TRUSTEE GRANT, seconded by TRUSTEE MC CARTHY, the following resolution was adopted by the Board of Trustees of the Village of Croton-on-Hudson, New York by unanimous vote:

        BE IT RESOLVED that the Village Manager is hereby authorized to sign the contract with the County of Westchester for Dobbs Improvements Project in the total amount of $35,000.

        f.  On motion of Trustee McCarthy and seconded by Trustee Daubney the following resolution was adopted by the Board of Trustees of the Village of Croton-on-Hudson, New York by unanimous vote.

For many decades the Village of Croton-on-Hudson and its residents had to endure the carriage of trash from the entrance to the garbage dump that long existed at Croton Point Park. The Croton-on-Hudson Village Board of Trustees has now heard a report from County representatives on research being conducted as to the technological feasibility of using methane gas generated by the Croton landfill to fuel large trash-carrying trucks.

It was further reported that if this use is found to be technologically feasible, then one of the options under consideration by the County is the creation of a facility within the Village of Croton-on-Hudson to fuel such trucks from throughout the county with methane gas from the Croton landfill.

The Board of Trustees of the Village of Croton-on-Hudson hereby expresses in the strongest possible terms its unanimous opposition and that of the entire Croton-on-Hudson community to the prospect of any such facility at any location within the Village and urges the County to stop using public funds to investigate a potential use of methane gas that this community fervently opposes and to kill any such project once and for all.

Discussion:  Manager Herbek was directed to forward this resolution to the County Legislator and the County Executive.

9.  REPORTS:
Manager Herbek stated that he had been informed of a scheduled service outage on the part of Media-One tomorrow morning at 9 AM for 20 minutes to activate a line extension.

Manager Herbek stated the Village of Croton is in the process of assessing its Y2K compliance and he outlined the steps that are being taken to ensure that the Village will be in compliance before the end of the year.

Manager Herbek referred to a suggestion that was previously made by Trustee McCarthy to include the Waterfront Master Plan survey in the newsletter and stated he was able to get that done.  The surveys are in the newsletter and we are encouraging as many people as possible to fill them out and mail them back.

Trustee Watkins reported that this afternoon the Board heard tax grievances.  17 people filed grievances.   He congratulated the Varsity Boys Basketball Team which is now 17 and 2.

Trustee McCarthy thanked Manager Herbek for putting the survey in the newsletter and encouraged everyone to fill out the survey so the Waterfront Committee will have a better idea of everyone's opinion.  She reported her attendance at a Recreation Advisory Board meeting where they showed the initial proposal with regard to Sunset Park.

Trustee Daubney mentioned that the Varsity Boys Basketball Team's present record matches the school record of 17 to 2 so if they win tomorrow, they set a new record.  He also stated that he thought the pamphlet which was sent out was excellent.  It was very informative and he congratulated the Village Office on its contents.  He said on a sad note, the community has lost a really good friend in Don Caliento who died last weekend.

Trustee Grant advised anyone who may be going to the County Meeting that it is easiest to park in the Galleria parking lot and walk across the street.

Mayor Elliott congratulated all the houses of worship in the community, along with the scouts and high school students on the fund-raiser they put on to raise money for relief in Honduras.  He also thanked everyone on the Centennial Committee for the wonderful job they did.
`
Trustee McCarthy made a motion to adjourn, seconded by Trustee Daubney and approved unanimously.

The meeting was adjourned at 11:00 PM.


Respectfully submitted,


________________________
Village Clerk

Local Law 3 1999

Proposed Rezoning of Certain Parcels to Waterfront Development (WD) District and Associated Zoning Text Amendments in Accordance with Article XIV, Amendments and Interpretation, of Chapter 230, Zoning, of the Croton-on-Hudson Village Code.

SECTION  I.   PURPOSE  AND  INTENT

The Waterfront Development District zoning provisions are intended to facilitate the development of property along the Hudson River waterfront which is consistent with the Village's Master Plan, the Village's Local Waterfront Revitalization Program and the Village's Greenway Vision Plan; which enhances and utilizes the potential of the Village's riverfront; which strengthens the physical integrity of the Hudson River waterfront and the economic viability of the Village; which expands the use and public accessibility to the Village's Hudson River waterfront for the purposes of recreation, leisure and year-round residents; and which encourages the development of larger tracts of land as single, unified and comprehensive projects.  

The parcels enumerated below were previously eligible for development in accordance with the provisions of the Riverfront Development Use (RDU) District.  The RDU provisions were repealed by the Croton-on-Hudson Village Board of Trustees in 1989.  The Village Board of Trustees believes that for the reasons enumerated in the paragraph immediately above, it would be appropriate for the subject parcels to be zoned Waterfront Development District.

In addition, included below is a zoning text amendment which states that any building or use constructed in conformance with a site development plan approved pursuant to the RDU provisions, prior to their repeal from Chapter 230, Zoning, of the Village Code, should not be considered non-conforming from a zoning perspective, and that the building or use shall continue to be bound by the approved site development plan.


SECTION  II.   ZONING AMENDMENTS

A.      The zoning of the parcels having the following Village tax map designations is hereby changed to Waterfront Development District:

        1.      78.16-1-4
        2.      78.16-1-6
        3.      78.16-1-7
        4.      78.20-1-2
        5.      78.20-1-1
        6.      78.16-1-3
        7.      78.16-1-3.01
        8.      78.16-1-1
        9.      78.16-1-8

        These parcels are shown on the attached map entitled Proposed Waterfront Development (WD) Zoning District.

B.      The existing text of § 230-54, Interpretation, is hereby labeled § 230-54.A.

C.      A new § 230-54.B shall be added which shall read as follows:

Any building, structure or use constructed in conformance with a site development plan approved pursuant to the Riverfront Development Use (RDU) District provisions, prior to their repeal from this chapter, shall not be considered non-conforming in the context of this article of this chapter.  However, said building, structure or use shall continue to be bound by said approved site development plan.


SECTION  III.   EFFECTIVE  DATE

This local law shall take effect immediately upon its filing with the Secretary of State.



SECTION  IV.   SEPARABILITY

The provisions of this local law are separable and if any provision, clause, sentence, subsection, word or part thereof  is held illegal, invalid or unconstitutional, or inapplicable to any person or circumstance, such illegality, invalidity, unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, subsections, words, or parts of this local law or their application to other persons or circumstances.  It is hereby declared to be the legislative intent that this local law would have been adopted if such illegal, invalid, or unconstitutional provision, clause, sentence, subsection, word or part had not been included therein, and if such person or circumstance, to which the local law or part thereof is held inapplicable, had been specifically exempt therefrom.



docs2\100\cro8-010..dhs.crc

Local Law 4 1999

Proposed Zoning Text Amendments Regarding Signage in Accordance with Article XIV, Amendments and Interpretation, of Chapter 230, Zoning, of the Croton-on-Hudson Village Code.

SECTION  I.   PURPOSE  AND  INTENT

The Village's signage regulations have been found to, in certain cases, permit exceedingly large and thereby objectionable signage.  Although a billboard which advertises a "business, commodity, service, entertainment or attraction sold, offered or existing elsewhere than upon the same lot where such sign is displayed" is prohibited, such a sign advertising a use on the same lot where such sign is displayed is not expressly prohibited.  Further, the provisions of the Zoning Law do not uniformly prohibit a sign from projecting vertically above the roofline or from extending horizontally beyond the limits of the building on which it is mounted.  The proposed amendments herein rectify these problems with the Village's signage regulations.

SECTION  II.   ZONING AMENDMENTS

The definition of the word "billboard" in § 230-4 of the Code is hereby revised to read as follows:

                BILLBOARD – The type of sign commonly known as a "billboard," which directs attention to a business, commodity, service, entertainment or attraction sold, offered or existing on the same lot or elsewhere than on the same lot where such sign is displayed.

B.      A new § 230-44.D is hereby added which shall read as follows:

                D.      No sign shall project vertically above the roofline or extend horizontally beyond the limits of the building on which it is mounted, painted or otherwise attached.  If the building is flat-roofed, the roofline shall be deemed the eaveline for the purpose hereof, except that if a parapet extends across the entire front of the building, the sign may extend to the top of the parapet.  Where this section may be in conflict with other sections of this chapter, this section shall control.

C.      Section 230-15.B(2)(a) is hereby revised to read as follows:

                (a)     The aggregate area, in square feet, shall not be greater than two (2) times the length, in feet, of the wall on which it is placed, except that said aggregate area shall in no event exceed four hundred (400) square feet and the area of any individual sign shall not exceed two hundred (200) square feet.  Further, the smaller dimension of any rectangular sign shall not exceed six (6) feet.

D.      Section 230-16.A(8)(b) is hereby revised to read as follows:

                (b)     The aggregate area, in square feet, of all signs on any wall shall not be greater than two (2) times the length, in feet, of the wall on which they are placed, except that said aggregate area shall in no event exceed four hundred (400) square feet and the area of any individual sign shall not exceed two hundred (200) square feet.  Further, the smaller dimension of any rectangular sign shall not exceed six (6) feet.

SECTION  III.   EFFECTIVE  DATE

This local law shall take effect immediately upon its filing with the Secretary of State.

SECTION  IV.   SEPARABILITY

The provisions of this local law are separable and if any provision, clause, sentence, subsection, word or part thereof  is held illegal, invalid or unconstitutional, or inapplicable to any person or circumstance, such illegality, invalidity, unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, subsections, words, or parts of this local law or their application to other persons or circumstances.  It is hereby declared to be the legislative intent that this local law would have been adopted if such illegal, invalid, or unconstitutional provision, clause, sentence, subsection, word or part had not been included therein, and if such person or circumstance, to which the local law or part thereof is held inapplicable, had been specifically exempt therefrom.



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