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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
 
March 19, 2001
A Regular Meeting of the Board of Trustees of the Village of Croton-on-Hudson, NY was held on Monday, March 19, 2001 at the Municipal Building, Van Wyck Street, Croton-on-Hudson, NY 10520.

The following officials were present:

        Mayor Elliott                           Trustee Grant
Village Manager Herbek          Trustee Harkins
        Treasurer Reardon                       Trustee McCarthy
        Village Attorney Waldman                Absent:  Trustee Watkins
                                                
1. CALL TO ORDER:

Mayor Elliott called the meeting to order at 8:05 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 Board Meeting held on February 20, 2001 as corrected.  Trustee Harkins seconded the motion.  The Board voted unanimous approval.

Trustee McCarthy made a motion to approve the minutes of the Special Meeting held on March 9, 2001; seconded by Trustee Grant; unanimous approval.


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    $ 47,889.25
                Water Fund      14,760.54                                       
                Trust & Agency    1,084.00
                        $ 63,733.79

3a.     
Several young residents and adults were present to express their opinion regarding construction of a skateboard park in the Village:
Kellan Davidson, 6 Glengary Rd. asked where do the young people go to do what they want to do; there should be something for the bigger kids to do; they would be happy to help build the park, but they should have professional help.
Ethan Silverstein presented the Board with a petition with 70 signatures of those who are for building a skateboard park
A young resident stated that older kids should have someplace to skate other than the streets, which are dangerous.

PRESENTATION:  Renata Chinich made a presentation before the Board asking that a Skateboard Park be constructed in the Village.  She stated that funding for this was included in this year’s budget.  She gave the background of the sport of skateboarding and said that it won’t do to close one’s eyes to the fact that it is now an established sport.  Ms. Chinich added that the adolescents also need a safe place to socialize.

Gary Cohen, a member of the Little League Board, stated that the town is equipped to service traditional sports such as baseball and soccer, but it is not equipped to service the most popular sport that these kids have embraced -skateboarding.  He added that he has been to the Mt. Kisco skateboard facility which has small space available and has more kids in it than the entire 25 acres of the park combined; this is a very effective use of space.
Dan Potts stated that he skateboards and some places he goes, people yell at him and tell him that he can’t skateboard and asked why he can’t have a place to skateboard.
Adam Elias said that when he skates in the street, people chase him and he wonders where else can he skate and he thinks it is a good idea to have a skateboard park.
Sam Ettenberg said that it is hard to skate on the sidewalk and there is no place else to go that is easier
Marlon Chinich said that there is lots of space for other sports, but no space for skateboarding; they should also have a place to go.
A young person stated that two summers ago he made bike jumps and a bulldozer came and knocked it down; he wants to do this again in a safe space.
Mayor Elliott stated that the Community should be very proud of all the young people who came tonight and they way they handled themselves.  He added that there has been $75,000 allotted for the skateboard park and the question has been where to put it; the people coming and speaking tonight should move this process along; he welcomed suggestions from any residents as to a location.
Renata Chinich stated that the Seprieo property is a beautiful, scenic area and she goes there herself, but the fact remains that the property is littered with metal debris and poisonous vegetation, but a skateboard park would not take up much space; it does not have to detract from the scenery, it can be an open structure with beautiful lines.  Mayor Elliott replied that the concern about this property is that it is too remote for people to use, but if everyone thinks it is appropriate, it can be reconsidered.  Renata Chinich added that another suggestion for the park is the Duck Pond, which does not seem to want to be a duck pond anymore.
Andrea Naitove suggested the CET parking lot Village owned property should be considered; since the youths who will be using the Skateboard Park are also students who are in school; they would not be a disturbance when school is in session.
Other suggestions:  The dam has open space which can be flattened out; The Duck Pond smells bad and the ground is soggy, but would be a good place for a skateboard park; the park should be close to where kids live; the compost site is convenient and off Rt. 9-9A, but has no parking area; having a park near a school facility is appealing; some safety issues with CET area, but Village should buy the land; the CET school area is very small, woodsy, has bugs, ticks, is too hot and not the best place-Sepreio would be better; Seprieo and Duck Pond are bigger, better, nicer than CET; take a section of Alexander Field and put a cage around the skateboard park;
Renata Chinich asked who makes the decision about where the Skateboard Park will be located.  Mayor Elliott replied that this decision would be made from suggestions from residents, the Recreation Advisory Board and the Recreation Dept.  He also replied that the Village would hire someone to design the park; this firm or person will listen to the kids and parents.
Trustee McCarthy stated that it is important for the Board to hear from residents about all concerns; Board members have been firmly committed to building the skate park, but the School Board is not in favor of the CET triangle; they should establish a timetable for this project.
Trustee Harkins said that he will recommend tonight a needs assessment for Croton to use as a guideline on how to use space, driven by the needs of the community.  This study has a four-month time frame, but there may be interim solutions for temporary equipment for a skateboard park.
Trustee Grant stated that she probably was the Board member who was most resistant to a skateboard park; she hadn’t thought there were enough kids who would use it, but she may have to re-evaluate her position after seeing the number of kids present tonight and will remain open to any and all ideas.  She added that while she is not against a skateboard park and a timetable is probably a good idea; there are unanswered questions such as where the money will come from, the location at which it will be put, the question of supervision and maintenance and the dollars for that.
Mayor Elliott stated that by the Board’s next work session, he will ask the Recreation Advisory Board and the Recreation Dept. to give a recommendation of cost and location for the skateboard park; this should take just a couple of weeks and they can see where to go from there.
A resident asked that commercial sponsorship be considered to reduce the cost of the park to the Village.  Mayor Elliott replied that this would also be a possibility.


PUBLIC HEARING:
a.      Mayor Elliott opened the Public Hearing for Local Law #3 of 2001, amending the sections in the zoning code regarding signage.

Ann Gallelli, Planning Board Chairperson, stated that they started working on this in 1995 at the request of the Village Board; she gave the background of work, which was begun, put on hold and begun again, up until the present.  Ms. Gallelli added that this work was done by the Planning Board in conjunction with the Chamber of Commerce and the VEB. Ms. Gallelli stated that an area of concern for the Planning Board is the processing of sign applications; the Planning Board also strongly recommends that the VEB be assigned the task of providing a book of suggested sign examples that, once developed, will allow the applicants who utilize these suggestions  be fast-tracked in receiving application approval.

Public comments:
Greg Schmidt, President of the Chamber of Commerce, stated that he and members of the Chamber of Commerce worked with the processes; he thanked the Boards for inviting them into this process.  Mr. Schmidt added that enforcement and visual appearance is important, but there are some questions which the COC has, such as has the Village Engineer looked at and reviewed this law and can he enforce it; has the law been reviewed by the consultant to the Comprehensive Planning Committee; and will there be a timetable for when the book will be ready to enable the fast-track to be implemented.  Mr. Schmidt stated that the COC suggested to take a handful of business throughout the Village and hypothetically apply the law; take pictures of these stores, review with the Village Engineer and say how this store would look like if they came in as a new store.  He concluded that the COC wants to avoid over-kill.
Ted Brumleve, resident and member of the Planning Board, stated that the Planning Board is not interested in creating a box into which everyone will have to conform; they worked hard to make a method that would work for everyone and, at the same time, not forcing expression on commercial institutions; he feels this is a fair, equitable system of looking at each sign type, but is a law that is subject to revision at a later date.

Mayor Elliott closed the Public Hearing.  Trustee Grant made a motion to approve the law, seconded by Trustee McCarthy.

Discussion:  Trustee McCarthy suggested striking reference to “sandwich boards” on Page 4; it was agreed.  Ann Gallelli asked that on Page 5, item 5, add “in respect to the opening, reopening or remodeling of a business”.  The Board agreed upon this change.  Trustee Grant suggested a shorter period of time for Item 5, Page 3, perhaps 10 or 15 days.  Ann Gallelli replied that the 45 days was a compromise, but the Board is the policy-making body.  Trustee McCarthy added that since this is a living, breathing document, and since this is a compromise decision, it should be respected and if found problematic, can be changed in the future.  Ann Gallelli also asked for a change on Page 3, G, to add after movie theaters, “gas station price signs”.  

Trustee Grant made a motion to approve the law, with the changes.   Trustee McCarthy seconded the motion.  Motion was approved, with all voting “aye”.  


Local Law No. 3 of the year 2001.

Section 1.  Section 230-4 is hereby amended:

1.      to delete the definition of SIGN to be replaced with:

“SIGN -- Any structure or part thereof, or any device attached thereto or painted thereon, or any material or thing, illuminated or otherwise, which displays or includes any numeral, letter, word, model, banner, emblem, pennant, insignia, trademark, device or other representation used as or which is in the nature of an advertisement, announcement, designation, display, attraction or directive not required by law of any person, firm, group, organization, commodity, service, profession or enterprise, when placed in such manner that it provides visual communication to the general public out-of-doors, but not including:

A.      Signs maintained or required to be maintained by law or governmental order;
B.      The flag or insignia of any government or governmental agency;
C.      The flag of any civic, political, charitable, religious, fraternal or similar organization, which is hung on a flagpole or mast;
D.      Religious or other seasonal holiday decorations, which do not contain commercial lettering, wording, designs, symbols or other devices.”

2.      to delete the definition of SIGN AREA to be replaced with:

“SIGN AREA -- Includes all faces of a sign measured as follows:

A.      When a sign is on a plate or framed or outlined, all of the area of such plate or the area enclosed by such frame or outline shall be included.  The signage supports which affix the sign to the ground or to a structure shall not be included in the sign area, unless such supports are evidently designed to be part of the sign as defined herein.  Where a sign consists of several individual faces, the sign area shall be the aggregate area of all such faces which can be observed from any one (1) point.
B.      When a sign consists only of letters, symbols, designs or figures engraved, painted, projected or in any manner affixed on a wall, the "area" of such sign shall be deemed to be that of the smallest single basic geometric shape (e.g. square, rectangle, triangle or circle) which encompasses all the letters, symbols designs or figures.”

        
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3.      to add the definition of SIGN, FREESTANDING as follows:

“SIGN, FREESTANDING – A sign which does not depend upon a building for its main support.”

4.      to add the definition of SIGN, PORTABLE as follows:

“SIGN, PORTABLE – Any sign not permanently attached to the ground or other permanent structure, including but not limited to signs designed to be transported on wheels or by other means, blimps, or other similar vessels such as large balloons.”



Section 2.  Article 230-44 A, B, C and D is hereby replaced by Article 230-44 A through Q as follows:

A.      Intent.  The purposes of the signage regulations set forth in this chapter are: to encourage the effective use of signs as a means of communication in the Village; to minimize possible adverse effects of signs on nearby public and private properties; to maintain and enhance the visual and aesthetic environment; to improve pedestrian and vehicular traffic safety; and, to enable the fair and consistent enforcement of these sign regulations by the Village.       
B.      Conformance.  Any sign shall be erected, replaced, moved or modified in conformity with the provisions of this chapter.  All actions related to questions of conformance shall be subject to the review and decision thereon by the Planning Board.  See Subsection K below for the regulation of Temporary Signs.  Where the provisions of Subsections D through O below may be in conflict with the signage provisions relating specifically to the respective zoning districts in Subsection P below, the latter provisions shall apply.
C.      Application Process.
(1)     Except as provided in Subsection K in connection with Temporary Signs, the Village Engineer shall receive, review and comment on conformance for all completed applications to erect, replace, move or modify signs.  The Village Engineer shall then forward applications that are in substantial compliance to the Visual Environment Board (VEB) within five (5) business days for VEB review and recommendation on the issuance of a sign permit.  The Visual Environment Board’s opinion shall be rendered to the Village Engineer and/or Planning Board within twenty-one (21) days of receipt of said application.  If the signage is part of an application for a Site Plan approval or a Change of Use approval, the Planning Board’s decision on the Site Plan shall include its decision on the proposed signage.  
(2)     The payment of an application fee in accordance with the Village’s schedule of fees shall accompany all sign permit applications.
(3)     The Village Engineer and VEB shall maintain a book of photographs and/or drawings representing the types and styles of signs preferred in the Village in order to assist in expediting the application process.
D.      Relationship to Use.  All signs, except for Temporary Signs and except for the kind of billboards permitted in Subsection M below, must pertain to a use conducted on the same property on which the sign is located.
E.      Illumination.  
(1)     Permitted signs may be illuminated, except where this chapter specifically prohibits certain signs from being illuminated.  However, sign illumination shall not be twinkling, flashing, intermittent (except for time / temperature signs), or of changing degrees of color or intensity.  Further, neon signs shall only be permitted on the inside of buildings.  No sign shall contain or consist of Day-Glo-like material.
(2)     All light sources used for illuminating signage shall be shielded and shall not be a source of glare.
(3)     Upon referral by the Village Engineer and/or VEB, the Planning Board may require the submission of an illumination plan and may regulate the number, placement, intensity and hours of illumination of all light fixtures used for signage.
F.      Placement.  No sign shall be located so as to obscure any signs displayed by a public authority, nor shall any sign be placed in such a way as to obstruct proper vehicular sight distance.  Further, signs shall not interfere with pedestrian or vehicular traffic flow, nor shall any sign interfere with any ventilation system, door, window, fire escape or other emergency exit.
G.      Movement, animation, removable letters, lights.  No sign or sign component shall be moving, animated, rotating or revolving.  Further, no sign shall contain removable letters, except for signs associated with educational, religious, or municipal institutions, gas stations,  or with movie theaters.  In addition, light strips and strings of lights shall not be used for advertising or attracting attention to a sign when they do not comprise the text of the sign.
H.      Maintenance and quality of signs.  All signs and components thereof shall be kept in good repair and in safe, neat and clean condition.  All signs and related illumination shall be of a professional quality with respect to such matters as design, painting, lettering, materials and construction.
I.      Nonconforming signs.  All signs that do not conform to the provisions of this chapter shall be subject to the requirements of §§ 230-53 and 230-54 herein.
J.      Projecting signs.  Marquee signs are permitted for theaters only.  For all projecting signs, there shall be at least an eight (8) foot clearance above pedestrian rights-of-way and at least a fourteen (14) foot clearance above vehicular rights-of-way for permitted signs projecting from buildings.  Signs shall not project vertically above the roofline or parapet, or extend horizontally beyond the limits of the building.
K.      Temporary signs.
(1)     Temporary signs are those which are displayed for short periods of time.  Unless specified otherwise below, all temporary signs shall be limited in usage to a maximum of forty-five (45) days.  Signs shall not be considered temporary if they are effectively displayed on an on-going basis, interrupted by short intervals when they are not displayed.
(2)     The following types of temporary signs do not require a signage permit:
(a)     “For Sale”, “For Rent” or “Sold” signs.  No more than two (2) temporary signs, not exceeding six (6) square feet in area each, are allowed for a single lot.  One (1) temporary sign, sixteen (16) square feet in area is permitted for each real estate subdivision, set back at least fifteen (15) feet from the street line upon which the property is located.  This signage usage shall be allowed beyond forty-five (45) days.
(b)     Temporary construction signs.  The architect, engineer and contractors shall each be allowed one (1) sign not exceeding six (6) square feet in area.  Such signs shall be permitted during the entire course of construction, but shall be removed at the end of construction.
(c)     Temporary signs pertaining to election campaigns.  Such signs shall not be subject to the forty-five (45) day limitation in Subsection K (1) above, but shall be removed within ten (10) days after the Election Day.
(d)     Temporary signs pertaining to garage sales, tag sales or other business activities which have a duration of seven (7) calendar days or less.
(e)     Temporary signs pertaining to events of civic, philanthropic, educational or religious institutions shall not be subject to the size limitation contained in Subsection K (4).  

(3)     Payment of a review fee in accordance with the Village’s schedule of fees shall accompany the application for signs which are subject to the issuance of a temporary sign permit.
(4)     Except as provided in Subsections K(2) (a)-(e), temporary signs shall not exceed sixteen (16) square feet in area and shall not be illuminated.
(5)     Temporary signs shall not have an adhesive backing and must be easily removable without residual markings.
(6)     Temporary signs must also conform to all of the other provisions of this chapter, except with respect to being of a professional quality as required in Subsection H, above.  
L.      Freestanding signs.  No freestanding sign shall extend more than ten (10) feet from the ground to the top of the sign, except for a freestanding sign associated with a shopping center or a motor vehicle service station, which shall not extend more than twenty (20) feet from the ground to the top of the sign.
M.      Prohibitions.  The following types of signs and artificial lighting are prohibited:
(1)     Billboards, except for those which are existing on the effective date of these regulations and which are associated with a site which is on the National Register of Historic Places.
(2)     Signs that compete for attention with or may be mistaken for a traffic signal.
(3)     Searchlights, beacons, blimps and permanent balloons.
(4)     Signs attached to or painted on trucks or other large vehicles when the vehicle is obviously marked and parked in such a manner as to advertise or attract attention to an establishment or business.
(5)     Banners, flags, strings of balloons, flags or lights, or similar outdoor advertising, except on a temporary basis with respect to the opening, reopening or remodeling of the business (that is, limited to a maximum duration of forty-five [45] days).
N.      Consistent signage.  Where a building or site is permitted more than one (1) sign by the provisions of this chapter, all new signs shall be consistent relative to one another in terms of size, general shape and, if building-mounted, location on the building (mounting height).  Further, the Planning Board may require the submission of a master signage plan for the site, which shows said consistency.
O.      Window signs.  The combination of permanent and temporary signage applied to or placed within two (2) feet of the interior of any given window shall be considered part of the signage in accordance with the provisions of this chapter.  Further, in no event shall permanent window signage exceed twenty-five percent (25%) of the window on or within which it is located.  Merchandise for sale is not considered part of the signage for purposes of this item.
P.      District standards.  The following signage shall be permitted within the districts listed below and shall be regulated therein, as follows.  Said signage shall also conform to the provisions of Subsections A through O above, as qualified in Subsection B.
                (1)     One-Family Residence RA-40, RA-25, RA-9, RA-5 Districts; Two-Family Residence RB District; Multiple Residence RC District.
                        (a)     With respect to nurseries and the seasonal sale of produce, signs shall conform to Subsection P(1)(e) below.
                        (b)     With respect to funeral homes, there shall be no signs other than those permitted in Subsection P(1)(e) below.
                        (c)     With respect to customary home occupations, no display of signage shall be visible from the street, except as set forth in Subsection P(1)(e) below.
                        (d)     With respect to bed-and-breakfast establishments, one (1) sign designating a bed-and-breakfast establishment shall be permitted, subject to the following conditions:
                                [1]     The area of the sign shall not exceed two (2) square feet.
                                [2]     If freestanding, the overall height of the sign shall not exceed six (6) feet as measured from finished grade to top of sign.  NOTE: Refer to §230-4, the definition of “building,” and § 230-40.A(1)(b) of this chapter.
                                [3]     The sign shall not be internally illuminated.
                                [4]     If externally illuminated, the illumination shall not exceed the equivalent of a one-hundred-watt bulb.
                                [5]     If illuminated, the illumination shall be constant, shall be directed towards the sign and shall be shielded from the view of the street and neighboring properties.
                        (e)     Signs conforming to the following shall be permitted as accessory uses:
                                [1]     One (1) non-illuminated nameplate or professional sign with an area of not over two (2) square feet.
                                [2]     One (1) externally illuminated bulletin board or other announcement sign for educational or religious institutions permitted in § 230-9.A(4) of this chapter, with an area of not over twelve (12) square feet.
                (2)     Limited Office O-1 District.  One (1) non-illuminated sign facing a street and not exceeding an area of five (5) square feet shall be permitted.
                (3)     Limited Office O-2 District.  One (1) sign shall be permitted, provided that such sign is facing a street and as follows:
                        (a)     The aggregate area, in square feet, shall be not greater than one and one-half (1½) times the length, in feet, of the wall on which it is placed.
                        (b)     Such sign shall be parallel or perpendicular to the face of the building and no part thereof, including any illuminating devices, shall project more than twelve (12) inches outward from the face of the wall to which it is applied for parallel signs and no more than thirty-six (36) inches outward from the face of the wall to which it is applied for perpendicular signs.
                (4)     Limited Office O-3 District. The permitted signage shall be the same as permitted in a Limited Office O-1 District.
                (5)     Central Commercial C-1 District.
                        (a)     Signs, accessory to an establishment located on the same lot shall be permitted, provided that such signs shall be limited as set forth in Subsection P(5)(b) below and as follows:
                                [1]     Not more than one (1) such sign, excluding signs in windows, shall be permitted for each tenant on the premises on each façade which fronts on a street.
                                [2]     The aggregate area, in square feet, of all signs on any wall shall be not greater than two (2) times the length, in feet, of the wall on which it is placed.
                                [3]     Such sign or signs shall be parallel or perpendicular to the face of the building and no part thereof, including any illuminating devices, shall project more than twelve (12) inches outward from the face of the wall to which it is applied for parallel signs and no more than thirty-six (36) inches outward from the face of the wall to which it is applied for perpendicular signs.
                                [4]     In addition, where the building is set back from the curb line a distance of twenty-five (25) feet or more, not more than one (1) freestanding sign with a total area on each face of not more than forty (40) square feet may be erected; provided, however, that the Zoning Board of Appeals may, in accordance with the procedure set forth in § 230-75.B of this chapter, authorize the Village Engineer to issue a special permit for the erection or continuance of a freestanding sign with an area on each face not exceeding forty (40) square feet or such lesser area as the Zoning Board of Appeals may prescribe in instances where the building is set back from the curb or edge of traveled way less than twenty-five (25) feet but fifteen (15) feet or more, subject to such conditions as the Board of Appeals may impose and with due regard to safety and other factors set forth in  § 230-75.B where the Board shall find that:
                                        [a]     The building in connection with which such sign is used or to be used was in existence on July 1, 1963, and has not after that date been altered to cause it to be closer to the curb line or edge of traveled way; and
                                        [b]     Other permitted signs are not, because of lack of visibility or other reason, adequate in the determination of the Zoning Board of Appeals and, for that or other reason, the Zoning Board of Appeals deems such sign to be necessary or desirable.
(b)     Motor vehicle service stations.
[1]     Unless otherwise required by law, signs shall be limited to one (1) freestanding sign and one (1) exterior sign on each wall of a building fronting on a street and shall otherwise conform to the conditions for accessory signs set forth in Subsection P(5)(a).
                                [2]     In connection with the sale of used cars or rental of vehicles at a service station.  No temporary signs shall be permitted on the exterior of vehicles.  Signs in the interior of vehicles shall be limited to one (1) per vehicle, not to exceed twelve by fifteen (12 x 15) inches.  Sign printing shall have characters not larger than one (1) inch.
                (6)     General Commercial C-2 District.
                        (a)     Accessory signs shall be as permitted in the Central Commercial C-1 District as set forth in Subsection P(5).
                        (b)     Drive-in theaters.  In lieu of signs other than a sign permitted by Subsection P(5)(a)[4], a drive-in theater may have:
                                [1]     The name of the theater on a sign affixed to the theater screen structure on the reverse side of the screen; and
                                [2]     A supplementary sign on that same face announcing the feature attraction or attractions and containing other information customarily contained in theatrical announcements or the opening or closing date of the theater.
(c)     Motor vehicle sales and service agencies.
[1]     Unless otherwise required by law, signs shall be limited to one (1) freestanding sign and one (1) exterior sign on each wall of a building fronting on a street and shall otherwise conform to the conditions for accessory signs set forth in Subsection P(5)(a).
                                [2]     No temporary signs shall be permitted on the exterior of vehicles.  Signs in the interior of vehicles shall be limited to one (1) per vehicle, not to exceed twelve by fifteen (12 x 15) inches.  Sign printing shall have characters not larger than one (1) inch.
                (7)     Light Industrial LI District.  
                        Accessory signs.  One (1) sign shall be permitted facing each street from which access to the lot is provided.  Such sign shall be applied onto the wall of the building and shall not exceed an area of fifty (50) square feet or an area equal to one and one-half (1½) times the length, in feet, of the wall on which it is placed, whichever is less.  All light sources shall be shielded from the view of adjacent lots and streets and shall, except for lights suitable for security purposes, be extinguished not later than 9:00 p.m.  One (1) identification sign at each point of access to the lot, with an area of not more than three (3) square feet, shall also be permitted.  A single directory sign, not exceeding eight (8) feet in height, may be erected at the entrance of a complex of sites; each listing on such sign shall not exceed eight (8) inches in height and two (2) feet in length.        
                (8)     Waterfront Commercial WC District.
                        Accessory signs.  One (1) sign shall be permitted facing each street from which access to the lot is provided.  Such sign shall be applied onto the wall of the building, if any, and such sign shall not exceed an area of thirty (30) square feet or an area equal to one and one-half (1½) times the length, in feet, of the wall on which it is placed, whichever is less.  If there is no building, one (1) freestanding sign shall be permitted, no higher than ten (10) feet from the ground, no greater than thirty (30) square feet in area, and no closer than twenty-five (25) feet to the nearest lot line.  All light sources shall be shielded from the view of adjacent lots and streets and shall, except for lights suitable for security purposes, be extinguished no later than normal business hours as determined by the Planning Board.      
                (9)     Waterfront Development WD District.
(a) Offices and studios.  Signs for professional offices and studios shall be subject to P(1)(e) of this chapter.
(b) Other uses.  For uses other than specified in P(9)(a) above, one sign shall be permitted facing each street from which access to the lot is provided.  Such sign shall be applied onto the wall of a building, if any, shall not exceed an area of 24 square feet and shall not extend beyond said wall in any direction.  If there is no building, one freestanding sign shall be permitted, shall be no higher than 10 feet above the ground, shall be no greater than 24 square feet in size and shall be no closer than 25 feet to the nearest lot line.  All light sources shall be shielded from the view of adjacent lots and streets and shall, except for lights suitable for security purposes, be extinguished no later than normal business hours as determined by the Planning Board during the site development plan review process.
(c) Directional, trail and project signs.  Signage relating to vehicular, pedestrian and bicycle usage, traffic and parking shall be permitted, as shall an entry sign for the project itself.  The locations, sizes, colors, materials and illumination of said signage shall be subject to the approval of the Planning Board as part of the site development plan review process.
(d) All signs.  All signs shall meet the standards of Section 230-44 of this chapter.  Every effort shall be made to avoid the blockage of views in the placement of signage on the site.
                (10)    Supplementary regulations for any parking spaces adjacent to residence districts.  Identification and directional signs shall not exceed an area of three (3) square feet each and shall be limited to such as are essential for the particular use.
Q.      Modification of requirements.  Where the Planning Board finds that strict compliance with the requirements of §230-44 would cause unusual hardship or difficulty because of the specific circumstances of a particular situation, the Board may modify the requirements of said section so long as the Board finds that the public interest will be protected, and that any such modification will be consistent with the spirit and intent of this chapter.  In permitting any such modification, the Planning Board may attach such conditions as are, in its judgment, necessary to substantially secure the objectives of the requirement so modified.

Section 3.  Chapter 230-9.A.(1) is hereby amended to read:  “The raising of field and garden crops, vineyard and orchard farming, the maintenance of nurseries and the seasonal sale of the products thereof, provided that no building is erected and signs conform with Section 230-44P(1)(e).”

Chapter 230-9.A.(8)(b) is hereby amended to read:  “There shall be no signs other than those permitted in Section 230-44P(1)(e).”

Chapter 230-9.A.(10)(a)[1] pertaining to customary home occupations is hereby amended to read:  “There shall be no signs other than those permitted in Section 230-44P(1)(e).”

Chapter 230-9.A.(10)(h)[11][a] through [e] pertaining to bed-and-breakfast establishments is hereby amended to read:  “There shall be no signs other than those permitted in Section 230-44P(1)(e).”

Chapter 230-9.A.(10)(i)[1] through [3] pertaining to signage is hereby deleted.

Chapter 230-15.A.(3) pertaining to Limited Office O-1 District is hereby deleted.

Chapter 230-15.B. (2)(a) and (b) pertaining to Limited Office O-2 District is hereby deleted.

Chapter 230-15.C pertaining to Limited Office O-3 District is hereby deleted.

Chapter 230-16.A.(8)(a) through (d) pertaining to Central Commercial
C-1 District is hereby deleted.

Chapter 230-16.A.(13)(k) pertaining to motor vehicle service stations is hereby deleted.

Chapter 230-16.A.(13)(n)[2] pertaining to vehicle sales is hereby deleted.

Chapter 230-17.C pertaining to Central Commercial C-2 District is hereby deleted.

Chapter 230-17.E.(1) and (2) pertaining to theaters is hereby deleted.

Chapter 230-18.E pertaining to Light Industrial LI District is hereby deleted.

Chapter 230-19.E pertaining to Waterfront Commercial WC District is hereby deleted.

Chapter 230-31.6 pertaining to Waterfront Development WD District is hereby deleted.

Section 4.  Section 230-68.D.(4)(g) pertaining to site development plans will be replaced with the following:

“The proposed location, direction, power and time of proposed outdoor lighting by means of data, details and an illumination contour plan which shows that lighting equal to or greater than one-half (½) foot candle will not splay off-site.”

Section 5.  This local law shall become effective upon filing in the office of the Secretary of State.

Mayor Elliott opened the Public Hearing for Local Law #4 of 2001, amending Section 230-9 of the Zoning Law, requiring the issuance of a special permit for the expansion, extension, reconstruction, rebuilding or relocation of certain uses and buildings located in RA-40 Districts.

Public comments:
Michael Kenny, 150 Hessian Hills Rd., cited a similar NY Court of Appeals case that he believes shows the Special Permit process is the appropriate one for this type of zoning portion of a code and he is in support of this law.
Steve Saul, Hixson Rd. stated that there should have been a procedure such as this one sooner; there is no harm that could come from appropriate authorities taking a look at any proposed change in the nature of a use of land and urged that this change in the statute be passed.
Carol Chukyo, 17 Glengary , stated that she supported this legislation; that use of open land should be open to public scrutiny especially if a change is a good use of the land.
Andy Kagan, Hixson Road, spoke in support of this change in the law.
Mark Weingarten, Attorney, representing Temple Israel of Northern Westchester, stated that he was retained just recently and did not have an opportunity to review this legislation and did not know until today that this was subject to a Public Hearing tonight; he requested that this item be adjourned so he can have the opportunity to come back in two weeks.
A resident asked why this is restricted to RA40.  Village Attorney Waldman replied that this section appears in the RA40 portion of the code.  The resident added that he is against the adjournment.

Mayor Elliott proposed closing the Public Hearing.

Discussion:  Trustee Grant asked for clarification of the reason for the request for adjournment.  Attorney Weingarten replied that he would like to have the opportunity to review the legislation; it is very possible that they may not object to it; but since there is no application currently pending before the Village, Mr. Weingarten asked, as a matter of good faith, he be given the two weeks to determine whether or not they decide to put something on the record or not.    Mayor Elliott asked the Board if the Public Hearing should be closed and put over to next meeting.  Trustee Grant made a motion to close the Public Hearing.  Trustee McCarthy seconded the motion.  All voted in favor of closing the Public Hearing.

Trustee McCarthy made a motion to approve to Local Law #4, amending Section 230-90 of the Zoning Law.  Trustee Grant seconded the motion; approved unanimously.

Local Law No. 4 of the year 2001.

Sec. 1. Section 230-9 of the Zoning Law is hereby amended as follows:
Deleting parenthetical clause in paragraph 4, and adding the following at end of paragraph 4:  A special permit shall be required for the expansion, extension, reconstruction, rebuilding or relocation of any use or building described in this paragraph (4), notwithstanding that it represents an expansion, extension, reconstruction, rebuilding or relocation of a use or building legally in existence on January 1, 2001.

Sec. 2. This local law shall become effective upon filing in the office of the Secretary of State.


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

A letter from Mary-Jane Smiton and Susan Posmentier, on behalf of the Croton Recreation Department, asking for permission to use Vassallo Park for a Village wide tag sale on Saturday, May 5th with a rain date of Sunday, May 6th.  Trustee Grant made a motion giving permission for the tag sale as noted in the above-mentioned letter dated March 2, 2001.  Trustee McCarthy seconded the motion, approved unanimously.

A letter from Debi Braddick, as follows:
“After eight years of dedicated service Sam Watkins is retiring as a village trustee.  Sam you are a kind, well respected gentle person.  You have at all times demonstrated by example and you have served Croton on Hudson well.  Thank you for being the perfect public servant, your calm and professional business influence will be missed.  I have watched board meetings on cable television and marvel at how you remain so calm and respectful to each and every community person.  Thank you for the many hours that you dedicated to this community and for the time and energy you invested in us.  Last but not least to your wife Bonnie and your children Jared and Maia the biggest kudos they made sacrifices that made this all possible.”

1.A letter from James and Robin Miller regarding the safety of children attending Pierre VanCortlandt Middle School, who are required to cross North Riverside Avenue without the benefit of crosswalks, traffic control devices or crossing guards and urging the Board to provide these children with a safe and reasonable means of access to their school and remedy these problems in a prompt manner.

                2.A letter from Marjorie E. Castro, Superintendent of Schools, as a follow-up to a recent meeting with representatives of the village concerning issues of safety and, as requested, prioritizing sidewalk projects from the perspective of the school district.

                Discussion:  Trustee Grant stated that it is almost impossible to hire school guards and suggested changing the location of the crossing guard from the center of town to N. Riverside Avenue.  Village Manager Herbek stated that he will schedule a meeting; Trustee Harkins stated that he would like to be a part of the discussion as it relates to use of yield-to-pedestrian signage program as recommended by the Chamber.  The Village administration should develop a sidewalk schematic available for public viewing that visually shows the sidewalk program locations and timing.

A letter from Teri Luken, Secretary, Croton Little League, asking permission from the Board for their annual opening day ceremonies and events.  Trustee McCarthy made a motion to grant permission as stated in this letter dated March 12, 2001.  Trustee Grant seconded, the motion was approved unanimously.

A letter from Westchester County Board of Health, with their Draft Scope of Analysis for their proposed Comprehensive Mosquito-borne Disease Surveillance and Control Plan.  Written comments on the Analysis will be accepted by the County until March 30, 2001 and two public scoping meetings will be held on Thursday, March 15th from 2-4 PM and from 7-9 PM in the Little Theater at the Westchester County Center in White Plains, New York.


A letter from Lorna Snipe, Contract Manager, Westchester County, regarding a scoping session held on 2/23/01 at the Village Hall where the FY 2001-2002 projects were reviewed.

5.      CITIZEN PARTICIPATION

Maria Roncoski, Georgia Lane, stated that she had an accident on Radnor Avenue because a village truck was parked and there was no sign up saying work was being done. She said that she couldn’t see that they were cutting down a tree; when she was passing the truck, a large tree fell on her car and she drove over the large tree; one worker was cutting the tree and the other worker that should have been directing traffic, but was moving a cone; she asked that the Village review the safety procedures of the Department so that something like this doesn’t happen again.

Carol Chukyo, 17 Glengary Rd. thanked the Board for passing the zoning regulation.  She added that a stop sign has finally been installed; however, it has been noticed that people are not stopping for the sign; she asked that the Temple remind their members that they need to obey the stop sign.

Mark Weingarten stated that the Temple installed the stop sign last night because it was the first time they were able to put it in the ground; he read a letter that is going out to all members of the Temple regarding traffic and safety and the stop sign.

Joe Streany, speaking for members of the Recreation Advisory Board, stated that they have looked at sites for the skateboard park, there is the possibility of a land swap with the school district; the Duck Pond was looked at.  He stated, regarding commercial sponsorship, that they have had discussion with BMX which is another possibility.  He added that the needs assessment is a critical issue to the Recreation Advisory Board.  Mr. Streany stated that the Seprieo Property may not be suitable because of safety issues. Trustee McCarthy said they should be informed if there are specific areas the Recreation Advisory Board would like the Board to focus on.

Trustee Grant added that prior ideas brought neighbors out in opposition; the Duck Pond may be a good alternative and it is already an established public park.

Tom Szobaszlai stated that the Duck Pond sounds like the right place for the skateboard park; they need to be careful where such a park will be placed; the Duck Pond has lighting and parking already.


RESOLUTIONS

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

        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, villages and school districts, in accordance with Chapter 272 of the Laws of 1991, and;

        NOW THEREFORE, BE IT RESOLVED: That the Board of Trustees of the Village of Croton-on-Hudson, New York, 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, 2002.

        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 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, Sections 5-504, 5-506, and 5-508 of New York State Village Law set forth certain procedures and dates for the adoption of the annual Village budget; and

WHEREAS, Section 5-508.3 provides that a public hearing shall be held upon the tentative budget, as changed, altered or revised, on or before the fifteenth day of April;

NOW THEREFORE BE IT RESOLVED: that a Public Hearing shall be held on the 2001-02 Tentative Budget for Tuesday, April 10, 2001, at 8:00 p.m. in the Meeting Room of the Municipal Building.

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

WHEREAS, the Village Board of Trustees has been concerned with certain of the provisions of the Village Zoning Code concerning the Light Industrial District; and

WHEREAS, this matter has been referred to the Comprehensive Plan Committee for their recommendations; and

WHEREAS, the Comprehensive Plan Committee in conjunction with their consultant, Buckhurst Fish & Jacquemart and the Village Attorney Seymour Waldman have made several recommendations; and

WHEREAS, these recommendations have been reviewed by the Village Board of Trustees and the Planning Board; and

WHEREAS, the Village Attorney has placed these recommended changes into Local Law Format;

NOW THEREFORE BE IT RESOLVED: that the Village Board of Trustees hereby calls for a Public Hearing on April 16, 2001 to discuss Local Law Introductory #5 of 2001 amending Section 230-18 of the Zoning Law with respect to uses permitted and prohibited, and the requirement of a special permit.

 
d.      On motion of TRUSTEE Grant, seconded by TRUSTEE Harkins, the  
following resolution was adopted by the Board of Trustees of the Village of Croton-on-Hudson, New York with the following vote:  “Aye”: Trustee Grant,  
Trustee Harkins, Mayor Elliott.  “Nay”: Trustee McCarthy

WHEREAS, the Village Treasurer has reviewed the 10 month year to date expenditures for each department and recommends the following modifications:

Increase   1230.200  by      $    5,138.00     ( Equipment )
Increase   1460.200  by      $    1,245.00     ( Equipment )
Increase   3310.100  by      $    2,500.00     ( Personnel Expense)
Increase   5142.100  by      $  18,500.00     ( Personnel Expense )
Increase   5142.120  by      $  40,000.00     ( Personnel Expense O/T )
Increase   5142.420  by      $  14,000.00     ( Supplies )
Increase   5182.100  by      $    1,200.00     ( Personnel Expense )
Increase   5183.110  by      $  53,000.00     ( Personnel Expense )
Increase   8090.100  by      $  63,000.00     ( Personnel Expense )
Increase   8120.400  by      $   19,000.00    ( Sewer Contractual )
Increase   8140.100  by      $    2,000.00     ( Personnel Expense )
Increase   8160.100  by      $  35,000.00     ( Personnel Expense )
Increase   8560.100  by      $  10,000.00     ( Personnel Expense )
Decrease  1910.400  by      $  11,792.00     ( Insurance Contractual )
Decrease  1930.400  by      $    1,791.00     ( Claims Contractual )
Decrease  1960.404  by      $  11,000.00     ( Claims Contractual )
Decrease  5110.100  by      $240,000.00     (Personnel Expense  )


NOW THEREFORE BE IT RESOLVED that the Village Treasurer amend the 2000 - 2001 General Fund budget to reflect these changes.


e.      On motion of TRUSTEE Grant, seconded by TRUSTEE Harkins, the  
following resolution was adopted unanimously by the Board of Trustees of the Village of Croton-on-Hudson, New York

WHEREAS, the Village Treasurer has reviewed the 10 month year to date expenditures for each department and recommends the following modifications:

Increase   002-1650.441  by      $    1,000.00     ( Postage )
Increase   002-8320.120  by      $  25,000.00     ( Personnel Expense O/T )
Decrease  002-1990.400  by      $  20,000.00     ( Contingency )
Decrease  002-8340.400  by      $  10,000.00     ( Contractual )

NOW  THEREFORE BE IT RESOLVED that the Village Treasurer amend the 2000 - 2001 General Fund budget to reflect these changes.

f.      On motion of  TRUSTEE Grant,  seconded by  TRUSTEE Harkins,  the  
following resolution was adopted unanimously by the Board of Trustees of the Village of Croton-on-Hudson, New York

WHEREAS, the a Village vehicle was destroyed  and insurance recovery has been obtained from the Village’s insurance carrier; and

WHEREAS the Village Treasurer wishes to amend the 2000-2001 General fund budget effecting the following accounts; and

Increase  001-1230-0200 by   $  11,072.50    ( Equipment )
Increase  001-0001-2680 by   $  11,072.50    ( Insurance Recovery  )
Now Therefore be it resolved that the Village Treasurer amend the 2000 -2001 General Fund budget to reflect these changes.


g.      The following resolution was held over pending further consideration at the next work session.

WHEREAS, the Recreation Advisory Board has recommended the need for an analysis of all parks and recreation facilities to evaluate current and future uses against the changing Village demographics and community needs and wishes and

WHEREAS, the current comprehensive plan is not addressing land use at the parcel level and

WHEREAS, the Parks and Recreation Department is desirous of optimizing the use of limited space and recreational resources, and developing a comprehensive plan for community park and recreation facilities at the parcel level

NOW THEREFORE BE IT RESOLVED: that the Village Manager is hereby authorized to enter into a agreement with the landscape architect and site planning firm of "Cherbuliez/Munz" for the fee of $15,000 to provide a Recreational plan for community park and recreation facilities at the parcel level.  The timeline for this project is approximately 4 months after agreement initiation.  Funding shall be provided for in the fiscal year 2002 expense budget.

h.      On motion of Trustee Grant, seconded by Trustee McCarthy, the following resolution was adopted by the Board of Trustees of the Village of Croton-on-Hudson, New York with unanimous vote:

WHEREAS, an integral part of a Safe Communities and injury prevention program is enforcement of traffic safety laws; and

WHEREAS, the selective enforcement grant will provide municipalities with the opportunity to prioritize local objectives by examining problem areas, numbers of injuries/fatalities and resources; and

WHEREAS, the overall goal of the program continues to be preventing unnecessary deaths, reduce crashes and injuries by enforcing the speed limit and other safe driving practices, increasing public awareness/education of car safety seat issues, increasing safe bicycling practices and helmet usage, and monitoring of school bus operations; and

WHEREAS, these goals will be accomplished by a coordinated comprehensive effort where police agencies and community leaders become partners in determining traffic safety concerns, prioritizing local objectives, and seeking productive plans of action to reduce deaths and injuries; and

WHEREAS, participation with this grant program authorizes the Village of Croton to spend $3.000 on enforcement activity focusing on the following areas of traffic safety: speeding, seat belts and child car seat violations, bicycle safety/helmet use and violations involving motorists passing stopped school buses loading or unloading students,

NOW THEREFORE BE IT RESOLVED: that the Village Manager is hereby authorized to sign the attached inter-municipal agreement with the County of Westchester for participation in the 2000-2001 Selective Enforcement For Traffic Safety Grant.

j.      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, the State Comptroller’s guidelines mandate that the Village maintain the minimum established standard work day for each group of employees for the purpose of determining NY State Retirement System credits; and

WHEREAS, Elected and Appointed Officials may diary their time spent working on Village business to augment the standard time reported; and

WHEREAS, the Village must transmit a monthly retirement report to the State covering all eligible employees; Now Therefore be it

RESOLVED that the Village Treasurer is hereby authorized to report the following standard work day to the NY State Retirement System:

1.      All Full Time Office personnel          7.0 Hours       20 day per month        
2.      All Police Officers     8.0 Hours       20 day per month
3.      All Public Works personnel      8.0 Hours       20 day per month
4.      Elected and Appointed Officials 7.0 Hours       Prorated per Diary


REPORTS

Village Manager Herbek reported that he received a letter from the Kenny’s regarding Temple Israel of Northern Westchester.  Village Manager Herbek stated that the new Manual for Uniform Traffic Control Devises is calling for larger street name signs; the new ones must have 6 inch letters; the Village’s currently have 4 inch letters;  he will get more complete report regarding cost and time frame.    Trustee McCarthy suggested it is now the appropriate time to have a meeting to decide what to use as a logo commemorating Veterans.  Trustee Harkins added that the VEB should get involved also.  Village Manager Herbek stated that he has received a letter from Dan McBride, Westchester County Parks Dept. about the upcoming Latin-American Festival; they will not have any parking, so the Village will supply parking at $4.00 per car.  Village Manager Herbek reported that the census information shows that the Village has grown by about 600 residents and is now 7,606.  Mr. Herbek reported there was a recent meeting about bringing back a grocer to the Village and there will be a meeting with the representative for CVS regarding their space requirements.  

Trustee McCarthy reported she has received comments from the ZBA suggesting having different rules for fences on front yards as opposed to fences on side or back yards and also the facing of fences.

Trustee Harkins reported on the Baseball Memorial Day Charity Tournament.  He reported also the Recreation Advisory Board has received comments about the boat launch behind the salt shed; the complaint is that it is not easily traversed and vehicles are getting stuck because of the gravel.   Village Manager Herbek replied that this boat launch is not completed and when done, this problem will be fixed.  Trustee Harkins stated that due to the hour, he will report on the Library items at the next Board meeting.

Trustee Grant reported that the hotline for anonymous drug use is 271-0706 and that this has been in use for a few years.  Trustee Grant added that she had a call and email regarding the proliferation of signs that have gone up in the Village;  these are offensive and suggested someone call these people to let them know that the signs must be taken down.   Trustee Grant reported there is a new business in the Village where the former Mike’s Market is located which is a nursery and flower shop; she urged everyone to go and say hello.  Trustee Grant stated that compost is available to residents for spring garden work.

Mayor Elliott thanked Lyn Roessler for taking the time to meet today with Mark Giordano.

Trustee Grant made a motion to adjourn, seconded by Trustee Harkins, approved unanimously.  The meeting was adjourned at 11:00 PM.

Respectfully submitted,


Phyllis A. Bradbury, Secretary



Village Clerk