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January 19, 1999
Regular Board Meeting
January 19, 1999
Page 1

A Regular Meeting of the Board of Trustees of the Village of Croton-on-Hudson, NY was held on Tuesday, January 19, 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
                                                Trustee Watkins
        Absent: Treasurer Reardon


1. CALL TO ORDER:

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


2. APPROVAL OF MINUTES:

Trustee McCarthy made a motion to approve the minutes of the Regular Board Meeting held on December 21, 1998 as corrected.  Trustee Watkins seconded the motion.  The Board voted for unanimous approval.

Trustee Grant made a motion to approve the minutes of the Regular Board Meeting held on January 4, 1999 as corrected.  Trustee McCarthy seconded the motion.  Votes were taken, with Trustees Grant, McCarthy and Watkins voting aye.


3. 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 McCarthy and approved unanimously.

                General Fund                    $  40,398.82
                Water Fund       3,046.37                                       
                Capital Accounts        16,727.05
                Trust & Agency   3.235.44                                            
                                                 $ 63,407.68





PUBLIC HEARINGS:
Mayor Elliott opened the Public Hearing on Local Law Introductory #9 of 1998,  making certain amendments to the Zoning Law concerning non-conforming use and special permits.

There were no comments from the floor.

Trustee Grant made a motion to approve a resolution adopting Local Law Introductory #9 of the 1998.  Trustee Watkins seconded the motion.

Discussion:
Trustee McCarthy stated that this is a bad policy; it is not desirable to allow enlargement or extensions of a nonconforming use;  Section 1 should not be approved; she has no problem with Section 2 but feels adopting section 1 opens the Village up to lawsuit challenges.  Trustee Watkins stated that he is in favor of giving the Board flexibility.  Trustee Watkins asked Village Attorney Waldman if, there is an existing special use permit and, if the holder of a special permit wishes to change the use, can they not simply apply for a new special permit.  Village Attorney Waldman replied that if they applied for a new special permit it would be for the classic change in use permit;  the new non-conforming use would still have to be housed within in the same boundaries,  the same sized building, etc and that the concept of enlarging or extending has a physical sense to it; a classic change of use permit from one non-conforming use to another non-conforming use would permit an enlargement or extension.  Trustee Grant stated that if this law is passed and someone is in a RB district and comes in to expand, would the neighbors have the opportunity to object.  Village Attorney Waldman replied that they would have the opportunity as this would be a special permit and a public hearing will be held.

Trustee Grant amended her motion to split the resolution into Sections 1 and 2 and have two separate votes.  Trustee Watkins seconded the amended motion.

Vote was taken on Section 2 – All Trustees voted “aye”.
Vote was taken on Section 1 – Trustees Grant and  Watkins voted “aye”;
Trustees McCarthy and Daubney voted “nay”; Mayor Elliott voted “aye”

        
Mayor Elliott opened the Public Hearing on Hudson National Golf Course Amended Special Permit.

1.      Gene Perl asked where the Village stands with Hudson National; what permits are to be issued, C of O, and what is the current status.
Village Attorney Waldman replied that the special permit that is before the      Board is an amendment to the Special Permit issued in 1994, designed to retain the historical continuity but being updated with changes that have been made or are to be made since the 1994 permit; also pending is an amended site plan which is before the Planning Board and is also coming to a conclusion; regarding the C of O, there is still work to be done on the Clubhouse and this has not been issued.  Village Attorney Waldman added that the Board cannot undo what was done; such as the Village cannot now decide that they no longer want a Golf Course on this site.  Gene Perl asked if the Village Board has lost their leverage to assure that which it wants to be done will be done?  Ann Gallelli, Planning Board Chair, replied that having the site plan in place provides the leverage to assure what needs to be done is done.  Trustee McCarthy stated that the Village has the power to enforce the permit to the extent they overstep the limitations set forth in the permit, the Village Board can take action against them.  Trustee Grant stated that the actual golf course has been done according to plan even though certain items have not been completed such as the Club House.  Village Manager Herbek added that  the Village Engineer acts as the enforcement agent for the Village.

William Broudy, Finney Farm Rd. asked if this special permit  is to be voted on tonight.  Mayor Elliott replied that he would like to adjourn the Public Hearing to a future meeting to allow full review of changes.  William Broudy noted that in the 1994 document, item #15-ground water & surface water monitoring sites, 15A3- and asked how close to the pool is sampling of surface water to occur.  Ann Gallelli replied that  this is a specific test monitoring point that has been identified on the site plan and has been used for monitoring for several years now.   William Broudy asked, regarding the  monitoring of wells, does that include drinking water wells of about 10 households on Finney Farm Road?  Ann Gallelli replied that it  includes several drinking water wells and some ground water wells and not all are on Finney Farm Road; there is a 5 year monitoring plan, but the 5 year clock has not started yet until all water quality basins are considered to be in compliance.  William Broudy stated that  Finney Farm residents are looking for gravity fed water system, with hydrants and individual meters to replace the old water system they are now using.  Mayor Elliott replied that it has always been the intent that, as the Village comes to the close of the permit process, an attempt will be made to find a mutually agreeable way to improve the water system.
Janet Nelson, Finney Farm,  asked if there  now should be a meeting to discuss final plan approval.  Mayor Elliott replied that it is coming close to this and  a meeting will be scheduled at the appropriate time.
Karen Jescavage-Bernard, representing the Arboretum, asked if provision for a meter reader been incorporated into the Special Permit and will it designate a reader or readers.  Ann Gallelli replied that this is not a part of the special permit.  Village Attorney Waldman added that this is in the amended site plan agreement and it does not have to be in both plans and would not necessarily name the people.  Karen Jescavage-Bernard asked where the Village is in regard to the water agreement with the Arboretum.  Linda Whitehead replied that she will get Village Attorney Waldman her comments for review at a later date.   Karen Jescavage-Bernard asked if all members of the Board review all comments of the draft before taking a vote.  Village Attorney Waldman replied that he would expect this statement is correct with respect to the amended site plan because that is the document that refers specifically to the water supply to the Arboretum rather than the special permit.  Ms. Jescavage-Bernard noted that the Arboretum was not notified of this Public hearing, but  should be on the notification list even thought the Arboretum is a tenant, not a property owner.
Janet Nelson stated that a high-pitched noise is coming from the air conditioning unit; she has written several times to ask that this noise be attended to and be included in some document.  She continued that she would like a statement put in one of the documents that they will build a structure around the unit and if the air conditioner fails it  must be turned off  until it is fixed.  Ms. Nelson added that she feels air conditioning units should be on the ground, not on the roof of a building.  Village Attorney Waldman replied that this is a part of enforcement and the principle is expressed in the wording of the existing special permit.  Trustee McCarthy added that specific issues and problems should be addressed in some document, that the general language covers situations that may or may not exist, but specific issues are not documented.
Bernard Hoffer, Finney Farm stated that there is a problem with the  billing and metering of water to individual houses; the bills received are not accurate, are incomplete, inconclusive and the residences should have meters.  Mayor Elliott replied that the Village is aware of this and he does anticipate that they will be able resolve all outstanding issues.  Trustee McCarthy asked if it would be appropriate for the Board to discuss in a work session, issues that come up to see if they should be included in a document.  Linda Whitehead replied that the Village Board cannot tie the  Finney Farm water supply to the special permit for the Golf Course; that Hudson National is willing to sit down and talk to residents of Finney Farm Road and  can move on to this after the Golf Course use issue is resolved.
Gene Perl stated that there may be a link that has not been talked about,  to water leaks and breaks and a potential of surface and ground water  getting into the water supply.  Linda Whitehead replied that they are testing surface and ground water and no contamination has shown up.

Mayor Elliott adjourned the Public Hearing and will reopen it at the meeting to be held on February 16, 1999.  



5.  CORRESPONDENCE:

Village Manager Herbek read the following correspondence (full text available at the Village Office):
A letter from Barbara Z. Monohan, Westchester Taxi & Limousine Commission, informing the Village that Crown Car Service, 168 Grand Street, has applied for a base station permit.
Letters from Phyllis Morrow and Carl Grimm regarding the Picture Tunnel and Waterfront Improvement; these will be passed on to the Village Engineer.
A letter from Stanley J. Ligay Jr., 14 Amber Drive, regarding Sewer charges at Scenic Ridge.    Mayor Elliott asked that Village Manager Herbek look into this further.  Village Manager Herbek added that he will take this up with the Town of Cortlandt and the Town Attorney and will get back to the Board.  Village Attorney Waldman stated that it should be determined what the joint commissioners of a joint sewer district do; it may be more than just setting rates.
Notice of Negative Declaration for Half Moon Bay application for site plan approval.
Final Hudson River Estuary Boating Access needs and Opportunities Plan and  Generic Environmental Impact Statement prepared by the Hudson River Estuary Management Program and the NYS Bureau of Fisheries.  This statement will be kept on file at the Village Office.


CITIZEN PARTICIPATION:
1.      Karen Jescavage-Bernard stated that she was at the Village Engineer and Village Manager’s offices and received differing responses to the policy for request for information and she asked what the policy is regarding requests for information and when is the staff to be informed of the policy.  Village Manager Herbek replied that he has made it clear in staff meetings held immediately after the Board Meeting held two meetings ago.  Village Manager Herbek read his memo regarding the policy; all documents have been provided to Ms. Jescavage-Bernard and all requested items have been given for review.  Karen Jescavage-Bernard gave an analysis of  responses to her requests.  Trustee Grant stated that all files should be open to the public without having to fill out a foil.  Mayor Elliott replied that Village Manager Herbek’s policy will be the interim policy until a policy has been written with approval of the Board.  Trustee McCarthy added that the Board members should read the statute on this.  Mayor Elliott replied that this will be brought up in a work session.  Trustee Grant stated that the Village is sending the wrong message to people in the Village when files are not available and requests should not have to be approved by the Village Manager.   Village Manager Herbek added that most foil requests are received from people outside of the Village who are filing claims or working on law suits.

Ann DiCioccio asked if any recommendations have been received on whether or not air, soil and debris can be tested at Metro Enviro.  Village Manager Herbek replied that Mike Lee has sent in his recommendations.  Village Manager Herbek read Mr. Lee's letters dated January 5,1999 and January 15, 1999.  Trustee McCarthy stated that she had a problem with Mr. Lee’s response to the question posed by the Board and the Village has no way to determine what is coming into the site as much of the material is preprocessed.  Trustee McCarthy added that she has asked a resident for a copy of a report from Maurice Hinchey, Chair of NYS Assembly of Environmental Conservation Committee on Organized Crime Involvement in the Waste Hauling Industry, and requested that Mike Lee come and discuss his response and the report.  Trustee Daubney stated that the committee members have been told they cannot look at a pile of debris to determine if asbestos is present and he has no confidence Joe Sperber could do this.  Trustee Daubney added that the issue is that this individual has been involved in environmental issues at another location.  Mayor Elliott agreed that Mike Lee should come in and address this and answer all questions.


RESOLUTIONS:

a.      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, the Village Board is considering the adoption of a new zoning district to be called “Waterfront Development District” and has scheduled a public hearing on this matter for February 2, 1999; and

WHEREAS, certain parcels of land were formerly eligible for development in accordance with the provisions of the Riverfront Development Use (RDU) District which provisions were repealed by the Village Board of Trustees in 1989 and;

WHEREAS, the Village Board of Trustees believes that it would be appropriate for the subject parcels to be zoned to the proposed Waterfront Development District Zone and;

WHEREAS, this matter must be referred to the Westchester County Planning Board in accordance with the provisions of the Westchester County Administrative Code and New York State General Municipal Law


NOW THEREFORE BE IT RESOLVED: that a public hearing is hereby called for February 16, 1999 to consider Local Law Introductory # 1 of 1999, a local law entitled “Proposed Rezoning of Certain Parcels to Waterfront Development 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.” and

Be It Further Resolved: that this proposed local law is hereby referred to the Westchester County Planning Board and the Village Planning Board for their comment and review.



b.      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 Village’s signage regulations have been found to, in certain cases, permit exceedingly large objectionable signage; and

WHEREAS, the Village wishes to make certain changes to its zoning laws with respect to billboards; and

WHEREAS, the Village also wishes to make certain other changes to the provisions of its zoning laws with respect to the location of signs on buildings; and

WHEREAS, the Village engaged the firm of Frederick P. Clark Associates, Inc. to draft the proposed revisions to rectify these problems with the existing signage provisions of the Zoning Law;

NOW THEREFORE BE IT RESOLVED: that a public hearing is hereby called for February 16, 1999 in the Meeting Room of the Municipal Building to consider Local Law Introductory # 2 of the year 1999, entitled “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.” and

BE IT FURTHER RESOLVED: that the Village Manager is hereby directed to refer these proposed zoning law changes to the Village Planning Board and the Westchester County Planning Board in accordance with the provisions of Article XIV of the Village Zoning Law.


c.&d.           On motion of  TRUSTEE Grant,  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 Village of Croton-on-Hudson on October 17, 1997 applied for funding through the Clean Water/ Clean Air Bond Act for a Wastewater Treatment Plant Improvement Project to install a sanitary sewer main from Municipal Place to the Village owned SEPRIEO Property along the Village’s waterfront; and

WHEREAS, a grant in the amount of $200,000 has been approved by the New York State Department of Environmental Conservation for this project with the Village’s contribution estimated to be $35,294; and

WHEREAS, it is necessary for the Village to enter into a contract with the New York State Department of Environmental Conservation for this grant;

NOW THEREFORE BE IT RESOLVED that the Village Manager is hereby authorized to sign Contract C300755 between the New York State Department of Environmental Conservation (NYSDEC) and the Village of Croton-on-Hudson in the amount of $200,000 for this Wastewater Treatment Plant Improvement Project; and

BE IT FURTHER RESOLVED that the Village Treasurer amend the 1998-99 General Fund Budget as follows:

Increase   9950.900  by    $ 35,294.00    ( Contractual )
Decrease  1990.400  by    $ 35,294.00    ( Contingent Account )

and establish a new account in the Capital Fund as follows: 003-8120.200-9899-0015



e.      On motion of  TRUSTEE Grant,  seconded by  TRUSTEE Watkins,  the  
following resolution was adopted by the Board of Trustees of the Village of Croton-on-Hudson, New York.  Vote was as follows:  Trustees Grant and Watkins, “aye”, Trustees McCarthy and Daubney, “nay”, Mayor Elliott “aye”.

 BE IT RESOLVED: that the annual Village Election of the Village of Croton on Hudson, NY, shall be held Tuesday, March 16, 1999, at the following polling place:

        Community Room, Municipal Building

in the Village of Croton on Hudson, at which election the polls will be open from
6 a.m. to 9 p.m.



f.      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 for approval.

WHEREAS, the Village is desirous of entering into an agreement for a parking violations collection service designed to collect unpaid overdue delinquent parking summonses issued within the Village; and

WHEREAS, L.E.S. represents that it possesses the experience and expertise and is ready willing and able to perform such services and those related to under the terms and general provisions of the proposed agreement; and

WHEREAS, the Village has utilized the services of L.E.S. over the last several years and the Village is satisfied with the results of the contract for parking violations collection services;

NOW THEREFORE BE IT RESOLVED: that the Village Manager is hereby authorized to sign the contract with Law Enforcement Systems, Inc. for parking violations collection services in accordance with the terms of the contract through December 31, 1999



REPORTS:

Village Manager Herbek:
1)      recommendation to adopt a new policy for handicapped zone parking fines
had a photograph of what the new entrance sign will look like
announced that there will be a work session on Monday night and asked that there be an Executive Session at 7:30 PM to discuss the issue of collective bargaining.  Trustee Grant made a motion to approve this Executive Session; Trustee Watkins seconded the motion; unanimous approval.
        
Trustee Watkins:
asked if an entrance sign will go on Rt. 129.  Village Manager Herbek replied that he hopes to get another sign up next year; can decide on where it will go.
noted that there is debris on Rt. 9 and 129 and asked if it can be cleaned up and will the State give a hand.

Trustee McCarthy:
proposed to discuss at a work session telephone participation and also discuss changing citizen participation format at Board meetings so that Citizen Participation time would occur at the beginning, middle and end of the meeting.
stated regarding the issue of property improvement without proper permits, information has been received from the Municipal Law Resource Center and the ZBA will address this issue

Trustee Daubney
reported that the Library has received a several hundred thousand dollar donation from an estate and will also get some money from the sale of Ottinger property.  
stated that the Asbury Methodist Church is looking for additional handicapped parking in back; a letter is forthcoming.
asked for a footbridge update.  Village Manager Herbek replied it is pretty well shut down for the winter; the contractor is in a bankruptcy situation; they are waiting for additional fencing work over the pedestrian bridge and he will look into this.

Trustee Grant:
asked Village Manager Herbek to look into the removal of material stockpiled on the waterfront property.  Village Manager Herbek replied that he is aware of this and it is being resolved.
reported that the Village Teen Council met today; they are a very active, assertive group and have discussed the possibility of a photography club.
Noted that the Martin Luther King service was beautiful and thanked the Interfaith Council and Clergy for their participation.

Mayor Elliott:
added his thanks to the Interfaith Council for their inspiring service
stated that Temple Israel’s 50th Anniversary is forthcoming
gave congratulations to DPW for their efficient removal of snow

Trustee Daubney made a motion to adjourn; seconded by Trustee Grant; approved unanimously.  

Meeting was adjourned at 11:00 PM



Respectfully submitted,



Phyllis A. Bradbury, Secretary




Village Clerk/Acting Clerk
Local Law 1 1999

A local law to make certain amendments to the Village Zoning Law concerning nonconforming uses and special permits.

Section 1.      Section 230-53-A (1) is hereby amended to add “except that in an RB District nonconforming office or retail store use may be enlarged or extended by special use permit issued by the Village Board of Trustees.”  at the end of the sentence.

Section 2.      Section 230-55 is hereby amended to delete the third sentence which reads “When a special permit has been granted and filed, the use permitted thereby shall, subject to any terms and conditions of the special permit be deemed a conforming use in the Zoning district in which it is located.”

Section 3.      This local law shall become effective upon filing in the office of the Secretary of State.