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Village of Croton-on-Hudson
1 Van Wyck Street
Croton-on-Hudson, NY 10520

Phone: 914-271-4781
Fax: 914-271-2836


Hours: Mon. - Fri., 8:30 am - 4 pm
 
June 18, 2001
A Regular Board Meeting of the Board of Trustees of the Village of Croton-on-Hudson, New York, was held on Monday, June 18, 2001 at the Stanley H. Kellerhouse Municipal Building, Van Wyck Street, Croton-on-Hudson, New York.
The following officials were present:
Mayor Elliott
Village Manager Herbek
Village Treasurer Reardon
Village Attorney Waldman
Trustee Grant
Trustee Harkins
Trustee McCarthy
Trustee Wiegman

1.      CALL TO ORDER:

Mayor Elliott called the meeting to order at 8:00 p.m. Everyone joined in the Pledge of Allegiance.
2.      APPROVAL OF MINUTES:

Trustee Grant made a motion to approve the minutes of the Regular Meeting held on Monday, June 4, 2001, as corrected. Trustee Wiegman seconded the motion. Unanimous approval.
Trustee Grant made a motion to approve the minutes of the Special Meeting held on Tuesday, June 5, 2001. Trustee Wiegman seconded the motion. Vote was taken with Trustees Grant, Harkins and Wiegman voting “aye.” Trustee McCarthy abstained. Motion was passed.
3.      APPROVAL OF VOUCHERS:

General Fund                    $25,469.04
Water Fund                                 1,365.00
Capital Acct.                                 (19.32)
Trust & Agency                     2,710.00
                                        $29,524.82
4.      PUBLIC HEARINGS:

Public Hearings were continued on the proposed Local Laws Introductory Nos. 5 and 6 and opened for Local Law Introductory No. 9. Prior to opening the hearings to the public, Village Manager Herbek, as requested, read the complete text of a letter from former Village Engineer, Phil Tully. (Text available in village office.) Mr. Herbek explained that the announcement of the public hearing had been mailed to all Croton residents because of the difficulty of identifying all property owners in the commercial districts, plus those within a 500 foot radius of the zoning areas to be discussed. He said the letter had contained sufficient information to describe the action.
Ann Gallelli, Chairperson of the Comprehensive Plan Committee (CPC), said the committee wanted to provide more perspective on its mission. CPC member Roger Solymosy read a prepared text, providing a brief history of the committee’s progress. After a comprehensive review of existing material in the village, hiring the consulting firm of Buckhurst, Fish and Jacquemart, interviews with government officials and the Chamber of Commerce, three public workshops, and a survey, Mr. Solymosy said clear desires and views of the public emerged and they were the core of the committee’s decisions. He said the commercial areas in the Upper Village and North Riverside were singled out as historic while the so-called “Grand Union” and Harmon areas are more modern. Mr. Solymosy said that the proposed zoning changes were based on suggestions from the consultants incorporating modern planning ideas.
Peter Caltagirone, Chromoscan, maintained he and others had not been notified about the CMPC’s workshops and considered the changes, particularly in the floor area ratio (FAR), unreasonable and drastic. He considered there should have been an economic impact study.
Mayor Elliott noted that there are always problems with communication but officials had done all they could.
Ms. Gallelli explained the CPC was making the recommendation for the proposed changes at this point because of the moratorium and the concern of the impact on people by extending the moratorium for a further period of time.  She also said she considered the changes in the FAR to reflect the reality of the situation because so much of the Village is “built out.”
Marie Yurchuk, Young Avenue, expressed concern about “research laboratories” being included in Commercial C-2 districts. She also considered that it was not necessary to allow hotels to be built in the Village.
Ms. Gallelli explained that research laboratories would require special permits and would have to go before both the Village Board and Planning Board who could impose all sorts of conditions. She said the CMPC did not want to shut out future positive possibilities.
Ed Braddick, Young Avenue, asked if the proposed C-2 zoning was less restrictive than C-1. Ms. Gallelli explained C-2 is more restrictive. The proposed C-1 zoning requires site plan approval; C-2 uses would require a special permit-meaning boards could impose certain conditions.
Cynthia Eldridge, the veterinarian clinic on Riverside Avenue, asked if the special permit for animal hospitals would be “grandfathered” if the property was sold to be used for a similar purpose. Ms. Gallelli assured her it would be.
Bob Shepler, Young Avenue, asked the board to leave the Harmon section the way it is and not change it to C-2 zoning.
Kathleen Riedy, 285 Grand Street, considered the decision to make the zoning changes before the Comprehensive Master Plan is complete - is “putting the cart before the horse.” She wanted businesses to have time to review the changes and to have a complete vision of the Plan before the changes are made.
Greg Schmidt, Grand Street, President of the Chamber of Commerce, stressed that he thought the plan should be presented in total before making changes. He considered the proposed changes are making it more difficult to do business in the Village.
Ronnie Napolitani, Nappy Oil Repair, expressed concern about grandfathering non-conforming businesses which don’t have special permits in place and was told by Mr. Solymosy that changes in the law don’t make it legal or illegal.
Jane Laudon, 124 Penfield Avenue, wanted to know if the Duck Pond is in a commercial area and was told it wasn’t.
Dave Goldman, Young Avenue, asked if businesses had to renew special permits. Ms. Gallelli said almost none have to be renewed.
Valerie Leis, Radnor Avenue, Realtor and member of the Visual Environment Board, maintained the board should be talking about what the Village looks like and suggested appointing an Architectural Review Board. She mentioned the theory of “Preserving architectural integrity, but not by zoning.”
Tom Szoboszlai, 1 Eklof Court, member of the Zoning Board of Appeals, asked that if the Moratorium can be extended for the Village’s gateway areas, why couldn’t it be extended for the zones under discussion. He also asked if a study had been made to determine how the changes will work for businesses.  Mr. Szoboszlai considered the special permit process a disincentive to new businesses because it is time-consuming and expensive.
Mayor Elliott acknowledged that it is difficult to find the right balance to protect the Village.
Lawrence Chuilli, owner of property at North Riverside and Brook Street, considered the proposed zoning change would decrease the value of his property and asked the board not to vote on it.
Mark Franzoso wanted to know if the proposed zoning change would effect the size of a building he could construct on the property on Riverside Avenue he had purchased from the DOT. Ms. Gallelli said the size would be guided by the number of parking spaces - 2 per 300 square feet.
Trustee Harkins asked the CPC for a tentative end date for the process.  Ms. Gallelli said she anticipated the proposed plan by September and the goal was to finish by the end of the year.
Trustee McCarthy suggested an amendment and add language to §230-18 Light Industrial C(2) Research Laboratories to “exclude use or process of biological, hazardous or radioactive materials, heavy metals or asbestos.”
Trustee Grant made the motion to accept the amendment, seconded by Trustee Wiegman. It was unanimously approved.
Trustee McCarthy also suggested eliminating §230-17 Commercial C-2 B (6)
Hotels or inns...
Trustee Grant made the motion to adopt Local Law Introductory #5 of 2001, amending the Zoning Law. Trustee Wiegman seconded the motion. It was unanimously approved.  After the law was adopted it became Local Law No. 8 of 2001

Local Law No. 8 of the year 2001.  A local law amending Section 239-18 of the Zoning Law with respect to uses permitted and prohibited, and the requirement of a special permit.

Sec. 1.  Section 230-18 of the Zoning Law, paragraphs A and B are amended, and new paragraphs C, D, and E added, to read as follows:


§ 230_18 Light Industrial LI District
A.      Purpose. The Light Industrial LI District is designed to accommodate such light manufacturing and related uses as are consistent with the needs and welfare of the community.  Uses in this district shall be grouped according to compatibility and performance in order not to create a nuisance to the community or the adjacent users.

B.      Permitted Uses. No building or premises shall be used and no building or part of a building shall be erected which is arranged, intended, or designed to be used, in whole or in part, for any use, except the following:
        (1)     Business and professional offices, including related showrooms.
        (2)     Railroad lines and stations.
        (3)     Motor vehicle parking structures and parking lots, conforming to §~230_51 F hereof.
C.      Special Permit Uses. Subject to the issuance of a special permit therefor by the Village Board of Trustees, and excluding those uses prohibited under paragraph E. of this Section, the following uses:
        (1)     Light manufacturing, assembling, converting, altering, finishing, cleaning or any other processing of products.
(2)     Research and design and development laboratories excluding laboratories that use or process biological, radioactive and hazardous materials, heavy metals, or asbestos.
        (3)     Storage and dispensing of motor fuel and lubricants, but only as part of motor vehicle parking lots and of structures for the parking of motor vehicles.
        (4)     Hotels, inns, and restaurants.
        (5)     Occasional retail sales incidental to the conduct of any of the uses permitted under this subsection and subject to such frequency and other conditions as may be imposed by the Village Board of Trustees.
        (6)     Utilities, including but not limited to structures for the provision of electricity, gas, and water; radio and television transmission stations; telephone, telegraph, and cablegram facilities.
        (7)     Warehousing and wholesaling; freight distribution centers and terminals; except that any handling, storage, or distribution of flammable, combustible, explosive or hazardous materials shall be prohibited.
D.      The above uses shall comply with the area and bulk standards listed in Section 230_37 including the minimum lot size of three (3) acres, except that the Village Board of Trustees may, by the issuance of a special permit, allow a lot area of less than three (3) acres but not less than one (1) acre.
E.      Prohibited Uses. Solid and liquid waste transfer and storage stations and landfills (including construction and demolition materials) are prohibited. For the purposes of this section, solid and liquid wastes are defined as follows:
All putrescible and non_putrescible materials or substances that are discarded or rejected as being spent, useless, worthless, or in excess to the owners at the time of such discard or rejection, including but not limited to liquids, garbage refuse, industrial, commercial and household waste, sludges from air or water treatment facilities, rubbish, tires, ashes, contained gaseous material, incinerator ash and residue and construction and demolition debris. In addition:
1.      A material is "discarded" if it is abandoned by being:
a.      disposed of;
b.      burned or incinerated, including being burned as a fuel for the purpose of recovering useable energy; or
c.      accumulated, stored, or physically or chemically, or biologically treated (other than burned or incinerated) instead of being disposed of.

2.      A material is "disposed of" if it is discharged, deposited, injected, dumped, spilled, leaked or placed into or on any land or water.

Sec. 2.  The present paragraphs C through K of Section 230-18 are relettered paragraphs F through N.

Sec. 3.   This local law shall be effective upon filing in the office of the Secretary of State.   

During discussion about Local Law Introductory #6 of 2001 by the trustees, Trustee McCarthy recommended eliminating §230-17 Commercial C-2 B (2) Research Laboratories and Trustee Harkins agreed. She also suggested eliminating §230-17 Commercial C-2 B (6) Hotels or inns... It was also suggested that §230-17 Commercial C-2 B (8) Light manufacturing... be removed. The CMPC agreed to the suggestion that it be moved from C-2 to C-1.
Trustee Wiegman suggested “4-7pm” in §230-17 Commercial C-2 B (9) (f) be changed to “5-7pm.”
Local Law Introductory # 6 was unanimously adopted, becoming Local Law No. 10 of 2001.

Local Law 10 of the year 2001.  A local law making certain amendments to Sections 230-16, 230-17, and 230-52 of the Zoning Law and to amend the Zoning Map regarding C-1 and C-2 districts.

Sec. 1.  Section 230-16 of the Zoning Law, paragraphs A, B, and C are amended to read as follows.  The existing paragraph B is re-lettered D and the existing paragraph C is re-lettered E.

§ 230_16  Commercial C-1
A.      Permitted Uses.  In a Commercial C-1 District, no building or premises shall be used and no building or part of building shall be erected which is arranged, intended or designed to be used, in whole or in part, for any purpose, except the following:

(1) Retail stores and banks.

(2) Personal service establishments, such as, but not limited to, barbershops, beauty parlors, and tailor shops.

(3) Business, professional or government offices.

(4) Service establishments furnishing services other than those of a personal nature.

(5) Theaters and restaurants.

(6) Outlets and pickup stations for laundries and cleaning establishments, excluding washing of wearing apparel on the premises.  Cleaning of wearing apparel or household effects on the premises shall be permitted only if noncombustible solvent is used, except for the incidental removal of spots with combustible solvent.

(7) Newspaper printing, including incidental job printing, provided that no more than 10 employees are engaged in such production or processing.

(8) Schools and places of worship.

(9) Signs, accessory to an establishment located on the same lot, provided that such signs shall be limited as set forth in § 230-44.



B.      Special Permit Uses.  Subject to the issuance of a special permit by the Village Board of Trustees, the following uses:
(1)     Light manufacturing, assembling, converting, altering, finishing, cleaning, or any other processing of products where goods so produced or processed are to be sold at retail on and off the premises, provided that:
(a)     An area fully covered from any street and equal to not more than fifty percent (50%) of the total floor area shall be used.
(b)     Not more than ten (10) employees are engaged in such production or processing.
(2)     Social clubs or other organizations not conducted for profit which cater to their members and their guests or which are organized to promote general civic matters.
(3)     Public utility structures.
(4)      Day-care centers, subject to the following conditions and limitations:
(a)     There shall be no more than one (1) day care center per lot.
(b)     The limits of any outdoor play area or recreation area shall not extend closer than twenty (20) feet to any residential property line.
(c)     The day-care center shall comply with all applicable conditions and limitations of the New York State Department of Social Services relating to the operation and licensing of day care centers and shall have all required licenses and certificates.
(5)     Mixed occupancy in accordance with the provisions of § 230-42.1herein and subject to the issuance of a special permit by the Board of Trustees.   
C.      Prohibited Uses.  Solid and liquid waste transfer and storage stations and landfills (including construction and demolition materials) are prohibited.  For the purposes of this section, solid and liquid wastes are defined as follows:  All putrescible and non_putrescible materials or substances that are discarded or rejected as being spent, useless, worthless, or in excess to the owners at the time of such discard or rejection, including but not limited to liquids, garbage refuse, industrial, commercial and household waste, sludges from air or water treatment facilities, rubbish, tires, ashes, contained gaseous material, incinerator ash and residue and construction and demolition debris. In addition:
(1) A material is "discarded" if it is abandoned by being:
a.      disposed of;
b.      burned or incinerated, including being burned as a fuel for the purpose of recovering useable energy; or
c.      accumulated, stored, or physically or chemically, or biologically treated (other than burned or incinerated) instead of being disposed of.

(2) A material is "disposed of" if it is discharged, deposited, injected, dumped, spilled, leaked or placed into or on any land or water.

Sec. 2.  Sections 230-17 of the Zoning Law, paragraphs A, B, C and E are amended to read as follows.  
§ 230_17  Commercial C-2
A.      Permitted Uses.  No building or premises shall be used and no building or part of building shall be erected which is arranged, intended or designed to be used, in whole or in part, for any purpose, except the following:

(1) Any use permitted in a Commercial C-1 District, as set forth in § 230-16-A, and subject to the regulations therefor, but no retail stores shall be permitted except by special permit of the Village Board of Trustees. Such retail stores in all former C1 districts prior to the date of the adoption of this section shall be deemed to have special permits, however, any retail store with a current special permit requiring periodic renewal shall continue to require renewal in accordance with its terms.

B.      Special Permit Uses.  Subject to issuance of a special permit by the Village Board of Trustees, the following uses:
(1)     Motor vehicle service stations, subject to the following regulations:
(a)     The minimum lot size for such service stations shall be twenty thousand (20,000) square feet, and the minimum street frontage shall be one hundred fifty (150) feet.
(b)     Entrance and exit driveways shall have an unrestricted width of not less than sixteen (16) feet, shall be located not nearer than ten (10) feet from any property line and shall be so laid out as to avoid the necessity of any vehicle entering the property to back out across any public right-of-way or portion thereof.
(c)     Vehicle lifts or pits shall be located within a building fully enclosed on all sides.
(d)     All service or repair of motor vehicles, other than minor servicing or repairing, shall be conducted in a building fully enclosed on all sides.  Minor services shall not include change or replacement of petroleum-based products.
(e)     The storage of gasoline or flammable oils in bulk shall be located fully underground in conformance with applicable government standards, and not nearer than thirty-five (35) feet to any property line other than the street line.
(f)     No gasoline pumps shall be located nearer than fifteen (15) feet to any street line.
(g)     No building permit for a motor vehicle service station shall be issued within a distance of two hundred (200) feet of any school, church, hospital, or place of public assembly designed for the simultaneous use and occupancy by more than one hundred (100) persons, said distance to be measured in a straight line between the nearest points of each of the lots or premises, regardless of the district where either premises is located.
(h)     No building permit for a motor vehicle service station shall be issued within a distance of two thousand (2000) feet from any other motor vehicle service station in operation prior to the submission of such application.  Said distance to be measured in a straight line between the nearest points of each of the lots of premises, regardless of the district where either premises is located.
(i)     The following activities shall not be permitted in a motor vehicle service station:  painting and body work.
(j)     Vehicles which are dismantled, disabled or wrecked and which are awaiting repair must be stored in buildings fully enclosed on all sides, except that the outdoor storage may be permitted upon application to and approval by the Village Engineer.  Application shall consist of a plot plan, drawn to scale, which shall specifically designate any areas to be used for parking or storage of dismantled, disabled or wrecked vehicles or trash.  Application for plot plan approval must be made within four (4) months from the effective date of this chapter.  The Village Engineer may approve such outside storage upon the installation of such additional screening or other protective measures as he may deem necessary to assure that the vehicles so stored are not visible from any location outside the subject premises.  Vehicles regulated by this Subsection B(1)(j) and which are not awaiting repair may not be stored on the premises.
(k)     Areas used for outdoor storage of vehicles referred to in subsection (j) above and areas used for storage of parts or trash must be adequately screened as prescribed under § 230_52 hereof.  
(l)     Subject to the issuance of a special permit by the Board of Trustees and site plan approval by the Planning Board, the sale of used cars or rental of vehicles shall be allowed if the service station is in compliance with the conditions set forth in Subsection B(1)(b) through (i) above and the additional conditions set forth below.  The initial permit shall be for a period of two years, with subsequent renewals, subject to compliance with the approved site plan, for five-year periods.
1.      The maximum number of vehicles or trailers on a site shall be one per 300 square feet of usable space, with adequate access aisles provided, except for vehicles which can be removed from the site without requiring that another vehicle be removed.
2.      The site plan shall specifically designate any areas to be used for parking or storage of vehicles or trailers, disabled vehicles awaiting repairs and trash.
(2)     Social clubs or other organizations not conducted for profit which cater to their members and their guests or which are organized to promote general civic matters; bowling alleys, billiard halls, miniature golf courses and similar amusement establishments, provided that their size and scale are appropriate to the proposed site as determined, if necessary, by a parking and traffic study.
(3)     Storage or repair garages.
(4)     Animal hospitals.
(5)     Hotels or inns, provided that there shall not be more than twenty (20) rental rooms or units per acre and the building or part of the building containing rooming units have no individual cooking units except coffee makers, be for transient occupancy not exceeding 14 days, and have a manned entrance or entrances through a common lobby.
(6)     Public utility structures.
(7)     Automobile sales and service agencies for the sale of new automobiles, accessories and customary accessory uses are hereby authorized.  Used car sales and automobile rentals are permitted only as an accessory use to new car sales, as described in following subsection 230-17.B.(10).  Such automobile sales and service agencies must be franchised dealers or factory owned dealers of new automobiles and all operations must be conducted from the same site subject to the following rules, regulations, and conditions:
(a)     The minimum lot size for such sales and service stations shall be forty thousand (40,000) square feet, and the minimum street frontage shall be one hundred fifty (150) feet, and the minimum lot depth shall be two hundred (200) feet.  Where the district extends for more than 1,000 feet along a state highway, the lot must have a minimum of two hundred (200) feet frontage.  No automobiles sales and service agency may be within five hundred (500) feet of another sales and service agency.
(b)     Entrance and exit driveways shall have an unrestricted width of not less than thirty (30) feet, shall be located not nearer than ten (10) feet from any property line nor closer than seventy-five (75) feet to any intersecting street line.
(c)     No building housing an automobile sales agency shall be closer than thirty (30) feet from a residential district line at the rear or side yard.  Sales and service shall be conducted in a building completely detached from any other.
(d)     One (1) gasoline pump may be permitted incidental to the use of the premises, but commercial sales of gasoline to the general public are prohibited.  No pumps can be located in a front yard.  Side or rear yard locations may be approved at the discretion of the Planning Board.
(e)     All services or repair of motor vehicles, and storage of dismantled, disabled, or wrecked motor vehicles shall be conducted in a building fully enclosed on all sides.  No outdoor storage of partially dismantled or wrecked motor vehicles is permitted.
(f)     No loading, unloading, or transfer operations shall be permitted on any public street or at the curb between 7-9am and 5-7pm.
(g)     No building permit for an automobile sales and service agency shall be issued within a distance of five hundred(500) feet of an existing motor vehicle sales and service agency unless the following conditions can be met:
1.      The proposed building shall contain a minimum of fifteen thousand (15,000) square feet on one (1) level.
2.      The minimum street frontage shall be two hundred (200) feet.
3.      The proposed building shall be set back no less than thirty (30) feet from the property line.
4.      No vehicle shall be parked at any time within fifteen (15) feet of any front, side, or rear property line.
(h)     No unregistered automobiles may be parked on the street at any time.
(i)     No parking of vehicles in the buffer between the building and side and rear lot lines adjoining residential districts.
(j)     The parking of all automobiles offered for sale shall be prohibited within public rights-of-way.
(k)     The storage of gasoline or flammable oils in bulk shall be located in conformance with applicable government standards and, in any event, not nearer than ten (10) feet to any street line or thirty-five (35) feet to any lot line other than the street line.
(l)     No gasoline pumps shall be located nearer than twenty-five (25) feet to any street line.
(m)     The site plan for such automobile sales and service agencies must show the following features:
1.      Parking of automobiles laid out on the site to provide for automobile circulation so that vehicles are not required to wait on the street or block the right-of-way before gaining entrance.
2.      Delineated display areas.
3.      Provision for employee parking must be noted; one parking space per 1.5 employees.
4.      Fencing and/or landscaping must comply with landscape standards in Section 230-52.
5.      Access drives from abutting streets shall be so located as to avoid unsafe conditions and traffic congestions.  Access to automobile dealerships is prohibited from a residential street.
6.      Outdoor lighting shall be that generally necessary for security purposes.  Lighting for illuminating an outdoor sales area shall be restricted to the front one-third (1/3) of the lot depth.  Said lighting shall be reduced to security lighting at the close of business.  All outdoor area lighting shall be so directed that no illumination glare extend beyond the lot lines.
10.     Mixed occupancy in accordance with the provisions of § 230_42.1 herein and subject to the issuance of a special permit by the Board of Trustees.  
C       All permitted uses and all storage accessory thereto, other than off-street parking and gasoline pumps, miniature golf courses and similar amusement establishments and public utilities and structures, shall be carried on in buildings fully enclosed on all sides.
E       All dumpsters and refuse storage areas shall be fully screened from the street and adjacent properties.
F.      Prohibited Uses.  Solid and liquid waste transfer and storage stations and landfills (including construction and demolition materials) are prohibited.  For the purposes of this section, solid and liquid wastes are defined as follows:  All putrescible and non_putrescible materials or substances that are discarded or rejected as being spent, useless, worthless, or in excess to the owners at the time of such discard or rejection, including but not limited to liquids, garbage refuse, industrial, commercial and household waste, sludges from air or water treatment facilities, rubbish, tires, ashes, contained gaseous material, incinerator ash and residue and construction and demolition debris. In addition:
(1) A material is "discarded" if it is abandoned by being:
d.      disposed of;
e.      burned or incinerated, including being burned as a fuel for the purpose of recovering useable energy; or
f.      accumulated, stored, or physically or chemically, or biologically treated (other than burned or incinerated) instead of being disposed of.

(2) A material is "disposed of" if it is discharged, deposited, injected, dumped, spilled, leaked or placed into or on any land or water.
Sec. 4.   Zoning Amendments
A.      The zoning of the parcels having the following Village tax map designations is hereby changed to C-1.
1.      67.20-4-37
2.      67.20-4-38
3.      67.20-4-39
4.      67.20-4-40
5.      78.8-3-1
6.      78.8-3-2
7.      78.8-3-3
8.      78.8-3-4
9.      78.8-3-5
10.     78.8-3-6
11.     78.8-3-7
12.     78.8-3-8
13.     78.8-3-60
14.     78.8-3-61
15.     78.8-3-62
16.     78.8-3-63
17.     78.8-3-64
18.     78.8-3-65
19.     78.8-3-66
20.     78.8-3-67
21.     78.8-3-72
22.     78.8-3-76
23.     78.8-3-77
24.     78.8-3-78
25.     78.8-3-79
26.     78.8-3-80
27.     78.8-3-81
28.     78.8-5-40
29.     78.8-5-41
30.     78.8-5-42
31.     78.8-5-43
32.     78.8-5-59
33.     78.8-5-60

B.      The zoning of the parcels having the following Village tax map designations is hereby changed to C-2.
1.      79.9-1-30
2.      79.9-1-53
3.      79.9-1-54
4.      79.9-1-66
5.      79.9-1-67
6.      79.9-1-77
7.      79.13-1-63
8.      79.13-1-64
9.      79.13-1-65
10.     79.13-1-66
11.     79.13-1-68
12.     79.13-1-69
13.     79.13-1-70
14.     79.13-1-71
15.     79.13-1-72
16.     79.13-1-73
17.     79.13-1-74
18.     79.13-1-86
19.     79.13-1-87
20.     79.13-1-88
21.     79.13-1-89
22.     79.13-1-90
23.     79.13-2-21
24.     79.13-2-22
25.     79.13-2-22.1
26.     79.13-2-23
27.     79.13-2-24
28.     79.13-2-25
29.     79.13-2-26
30.     79.13-2-27
31.     79.13-2-28
32.     79.13-2-29
33.     79.13-2-30
34.     79.13-2-31
35.     79.13-2-32
36.     79.13-2-33




Sec. 4.   The title of Section 230-52 of the Zoning Law is hereby amended and Paragraph E is added as follows:
§ 230_52  Supplementary Regulations and Landscape Standards for Parking and Loading Facilities

E.      Landscape Standards.

(1) Parking lots.

(a)     Off-street parking and loading areas shall be curbed and landscaped with appropriate trees, shrubs and other plant materials and ground cover, as approved by the Planning Board, such approval shall be based upon consideration of the adequacy of the proposed landscaping, to assure the establishment of a safe, convenient and attractive parking facility needing a minimum amount of maintenance including plant care, snowplowing and the removal of leaves and other debris.  These standards shall apply to all   proposed parking areas in proposed site plans, except for the following:

[1] Parking spaces accessory to a single- or two- family
      dwelling.
[2] Parking spaces serving a commercial building of less
      than five thousand (5,000) square feet.

(b)     At least one (1) tree not less than two and one-half (21/2) inches caliper, measured three (3) feet above ground level at time of planting, shall be provided within such parking areas for every ten (10) parking spaces.  In all off-street parking areas containing twenty-five (25) or more parking spaces, at least ten percent (10%) of the interior of the parking area shall be curbed and landscaped with trees, shrubs and other material.

(c)     Raised planting islands at least six (6) feet in width shall be provided to guide vehicle movement and to separate opposing rows of parking spaces so as to provide adequate space for plant growth, pedestrian circulation and vehicle overhang.  Such raised planting islands and the landscaping within them shall be designed and arranged in such a way as to provide vertical definition to major traffic circulation aisles, entrances and exits, to channel internal traffic flow and prevent indiscriminate diagonal movement of vehicles, and to provide relief from the visual monotony and shadeless expanse of a large parking area.  Curbs of such islands shall be designed so as to facilitate surface drainage and prevent vehicles from overlapping sidewalks and damaging landscaping materials.

The Planning Board may accept an alternative to the interior landscape requirements if it finds that an applicant has submitted a superior landscape plan.

(d)     All maintenance equipment, including accessories, shall be stored in enclosed structures only, which shall conform to the architectural theme of the development.

(2)     Screening and buffer areas.

(a)     Landscaped areas.  All portions of multifamily and nonresidential properties which are not used for  buildings, structures, off-street parking and loading areas, sidewalks, or similar purposes shall be suitably landscaped and permanently maintained with the planting of trees and shrubbery, as approved by the Planning Board as part of the site plan, so as to minimize erosion and storm water runoff and harmoniously blend such uses with the residential character of the village as a whole.

                           (b)  Buffer areas.

(1) On all multifamily and nonresidential developed properties,  a landscaped buffer area shall be required to screen and protect neighboring properties from the view of uses and parking areas on the site.

        (a)  This buffer  shall be at least ten (10) feet in depth  along  any lot line  and along any street.

    (b)  It shall be of evergreen planting of such type, density, and height, which in the judgment of the Planning Board, will effectively screen the activities on the lot from view of persons standing on adjoining properties.  The plan and specifications for such planting shall be filled with the approval plan for the use of the lot.

(2)   A wall or fence, of location, height and design approved by  the  Planning Board may be substituted for the required planting.

       (a) Modifications.  Where the existing topography and/or  landscaping provides adequate screening,  the Planning Board, may modify the planting and/or  buffer area requirements.


(b)  Maintenance and responsibility.  All planting shown                                                           on an approved site plan or special permit plan,
including planting within a street right-of-way, shall
be maintained by the property owner in a vigorous
condition throughout the duration of the use, and plants not so maintained shall be replaced with new plants at the beginning of the next immediately following growing season.

                       (3)  All new plant materials shall be consistent with the
                             existing vegetation of the site and the surrounding areas.
  Plant  materials judged to be inappropriate by the Planning
  Board will not be approved .


Sec. 5.   This local law shall be effective upon filing in the office of the Secretary of State.   
Local Law Introductory No. 9 of 2001 was also passed unanimously.

Local Law No. 9 of the year 2001.  A local law to increase the income level for partial real estate tax exemption for persons sixty-five years of age or older.

Section 1.      Section 35-2.  Extend of exemption is hereby amended to provide the following sliding scale option.

TOTAL INCOME                                            PERCENTAGE OF TAX
EXEMPTION ALLOWED

$0              to              $20,500                         50%
$20,501 to              $21,499                         45%
$21,500 to              $22,499                         40%
$22,500 to              $23,499                         35%
$23,500 to              $24,399                         30%
$24,400 to              $25,299                         25%
$25,300 to              $26,199                         20%
$26,200 to              $27,099                         15%
$27,100 to              $27,999                         10%
$28,000 to              $28,899                          5%

Section 2.  This local law shall take effect on January 1, 2001.
6.      CITIZEN PARTICIPATION:

Because of the lateness of the hour, and one of the residents, Dominic Mamone was attending the meeting with two young children, Mayor Elliott changed the agenda to allow him to speak.
Mr. Mamone, 41 Old Post Road North, described the flooding problems after the storm the previous Saturday night. He reported a lot of damage, despite his efforts after Tropical Storm Floyd to protect the banks of the stream with rocks. He also said that the pipes on either side of the road on private property were much smaller than the one under the road. Mr. Mamone considered there may be more run off than previously because of the construction of the golf course and new houses.
Village Manager Herbek said he understood the golf course was deluged by over five inches of rain during the storm. He considered the area where the damage occurred a combination of public and private property in terms of solutions and that an engineer should probably be retained. Mr. Herbek pointed out there had been equivalent problems in other areas of the Village such as on Albany Post Road and Riverside Avenue.
Pat Zanfardino, 45 Thompson Avenue, who also owns property on the stream near Old Post Road North, noted a definite change in the water flow. He told the trustees that he now has a problem renting apartments on the property because of the damage caused by flooding.
Fran Allen said that the Water Control Commission should be involved.
Mr. Mamone said he did not think a survey by an engineer would change the flow of water.
7.      RESOLUTIONS:

Also noting the lateness of the hour, Mayor Elliott, re-arranged the agenda to accommodate the public.
a.      On motion of Trustee Grant, seconded by Trustee McCarthy, the following resolution was adopted unanimously by the Board of Trustees of the Village of Croton-on-Hudson, New York:


WHEREAS, in December 1975, Samuel Rubin donated a 20-acre parcel of land, having the Village tax map designation of Section 67.12-1-13, to the Cortlandt Conservation Association with certain deed restrictions that the land be used as a wildlife and plant sanctuary, and for conservation education, and that in the event the Cortlandt Conservation Association was unable or unwilling to comply with the deed restrictions, that the parcel be transferred to an organization with similar goals that would honor the donor’s request, and

WHEREAS, in a memorandum, dated December 15, 1989 between the Village of Croton-on-Hudson and the Cortlandt Conservation Association, it was agreed that the property be deeded to the Village with the condition that the property be re-zoned as PRE, and

WHEREAS, in January 1990, the Village of Croton-on-Hudson accepted the property from the Cortlandt Conservation Association along with the original deed restrictions intact, and

WHEREAS, in 1994, the Croton Arboretum and Sanctuary, Inc., formed to establish and maintain a nature preserve on the site, signed a 5-year lease with the Village which in addition to the original deed restrictions, committed the Croton Arboretum and Sanctuary to obtain professional assistance in designing and creating a public park and educational facility on the site and the lease was subsequently revised to a 20-year lease, and

WHEREAS, the property has actually been exclusively used as parkland and has been opened to the public as parkland since the Village acquired the property and particularly since the Croton Arboretum and Sanctuary acquired possession,

NOW THEREFORE BE IT RESOLVED: that the Board of Trustees reaffirms and declares the property is, and has been, used exclusively as parkland, and

BE IT FURTHER RESOLVED: that the Board of Trustees confirms and declares that the Village has dedicated this property as parkland and reaffirms that dedication.

b.      On motion of Trustee Grant, seconded by Trustee Wiegman, the following resolution was adopted unanimously by the Board of Trustees of the Village of Croton-on-Hudson, New York:

WHEREAS, in a letter dated March 23, 2001, Zarin & Steinmetz, Attorneys at Law, on behalf of Allied Waste Industries, Inc., requested a renewal of their Special Permit which was due to expire on May 5, 2001; and

WHEREAS, at a special meeting of the Board of Trustees held on April 23, 2001, the Board of Trustees granted a sixty-day extension of the previous special permit in order to have time to consider the renewal of the Special Permit; and

WHEREAS, Work Session was held on April 30, 2001 to discuss this matter; and

WHEREAS, a Public Hearing was held on May 7, 2001 to consider this matter; and

WHEREAS, the Board would like to have more time to consider this matter,

NOW THEREFORE BE IT RESOLVED: that the Village Board of Trustees does hereby grant another sixty-day extension of the special permit to Allied Waste Industries.

5.      CORRESPONDENCE:

Village Manager Herbek read the following correspondence (full text available at the Village Office):
(a)     Governor George Pataki, re: NY State Grant to establish Hudson River Water Trail.

Mayor Elliott asked Village Manager Herbek to explore ways to participate in the program.
(b)     Steve Samuels, Cleveland Drive re: permission to hold a Block Party

On a motion of Trustee Grant, seconded by Trustee McCarthy, permission was unanimously granted.
RESOLUTIONS (continued)

c.      On motion of Trustee Grant, seconded by Trustee Wiegman, the following resolution was adopted unanimously by the Board of Trustees of the Village of Croton-on-Hudson, New York:

WHEREAS, the Chief of Police wishes to fill the Police Officer positions in his department as expeditiously as possible; and

WHEREAS, he has interviewed a candidate who is a Deputy Sheriff from Dutchess County; and

WHEREAS, the Personnel Office from Westchester County has indicated that Aaron Bernhardt has successfully completed all training requirements and a permanent appointment period from Dutchess County;

NOW THEREFORE BE IT RESOLVED:  that Aaron Bernhardt is hereby appointed as a Police Officer at the annual salary of $32,000., effective July 6, 2001.

d.      On motion of  TRUSTEE Grant,  seconded by  TRUSTEE Wiegman,  the  

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

WHEREAS, Diana Saltel, representing Westchester County, appeared before the Village Board at a May 14, 2001 work session to make a presentation with regard to the proposed Westchester County Greenway Compact Plan, and

WHEREAS, the Board of Trustees may wish to implement the plan as part of the Village’s zoning regulations and subdivision regulations,

NOW THEREFORE BE IT RESOLVED: that a public hearing is hereby called for August 6, 2001 at 8:00PM in the Meeting Room of the Municipal Building to consider the approval of Local Law Introductory Number 11 of 2001, a local law to adopt the Westchester County Greenway Compact Plan.

Discussion:  Trustee McCarthy asked Village Attorney Waldman to give an opinion on this law before the Public Hearing.

REPORTS:
Trustee Grant made the statement that she took serious exceptions to comments made at a previous meeting by Maria Cudequest and wanted the opportunity to refute all of them. Trustee Grant said she considered the questioning of her integrity and that of other members of the board was an outrageous attack and that she would not let them go unanswered.
6.      CITIZEN PARTICIPATION:

Paul Rogowski, Georgia Lane, asked why the residents had not been notified about the change in route of the Millennium Pipeline. Trustee Grant said a chronology of Village’s involvement with the pipeline had been prepared.  Trustee McCarthy informed Mr. Rogowski that nobody had a clear idea where the pipeline was going at earlier meetings. Village Manager Herbek said the Village had worked with the 9/9A Coalition.
Karen Jescavage Bernard, Quaker Bridge Road, observed she was relieved about the insistence on a supplemental Draft Environmental Impact Statement on the separate Taconic Route. Joel Klein advised that papers had been filed with the Federal Energy Regulatory Commission (FERC) the previous week through the Village’s Millennium Pipeline lawyer. Mr. Klein did not think it was realistic to expect FERC to address the SDEIS because the Commission will be under a lot of pressure to expedite the process.
Ms. Jescavage Bernard pointed out there has been no discussion regarding the aquifer, public parks, or wildlife staging areas. She also mentioned the possibility of another heavy storm during construction of the pipeline and the possible consequences. She asked if presentations could still be made to FERC.
Fran Allen said the deadline to submit material to New York State regarding the local waterfront revitalization issues was at hand and that the information will also go to FERC. She said there are possible mitigation issues such as the arboretum, the well fields and the Croton River. Ms.  Allen gave the opinion that the Millennium Pipeline Company doesn’t understand about the Croton River.
Maria Cudequest, 84 Grand Street, read a lengthy prepared statement criticizing the Village Board on its handling of the Millennium Pipeline Project.
Mr. Klein replied to Ms. Cudequest’s speech, maintaining she had used incomplete, outdated and inaccurate information.
REPORTS:
Trustee McCarthy said she did not want to address issues presented by Ms. Cudequest because of the lateness of the hour. She noted that the storm on the previous Saturday night had also further washed out Steve Giordano’s property in Harmon.
Trustee Grant said she was concerned about the friction between board members and hoped they could find a way to be more positive.

On the motion of Trustee Grant, seconded by Trustee Wiegman, and unanimously approved, the meeting was adjourned at 1:20 a.m.
Respectfully submitted,
Lyn Roessler, Secretary
Richard F. Herbek, Village Clerk