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Board of Trustees Minutes 03-15-04
A Regular Meeting of the Board of Trustees of the Village of Croton-on-Hudson, NY was held on Monday, March 15, 2004 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 McCarthy
        Treasurer Reardon                       Trustee Wiegman
        Village Attorney Waldman                Trustee Schmidt
        
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 VOUCHERS:
Trustee Schmidt made a motion to approve the vouchers as follows, subject to review by the Audit Committee.  The motion was seconded by Trustee Grant and approved unanimously.

                General Fund                    $28,490.63  
                Water Fund      3,819.93                                        
                Capital Accounts        20,407.54
        Trust & Agency  10,471.43
               $63,189.53
 
3.      PUBLIC HEARING:
Mayor Elliott opened the Public Hearing for Local Law Introductory No. 2 of 2004, changing the zoning of parcel known as Section 67.s0, Block 3, Lot 2 on 15 Mount Airy Road from Residential RA-40 to Residential RC.  

a.      Village Manager Herbek read a letter asking for “closer attention be paid to the screening of potential tenants for the housing on Mt. Airy Road” and asking that every effort be made to ensure that the area remains a peaceful place to live.

b.      Arthur Kalichstein, 20 Mt. Airy Road, stated that last time affordable housing was built, trees were cleared, there was extensive blasting and noise; he was told no more houses would be going up there.  Trustee Wiegman stated that any construction should minimize noise and excessive dust which are serious concerns; the slope of this site under discussion is quite level and there should not be the same constraints and wooded conditions.  Mr. Kalichstein asked that this item be tabled.  Village Manager Herbek stated that the Village has attempted to spread the construction of affordable housing in various areas throughout the Village which has been done.  Trustee McCarthy stated that these residents are entitled to have this tabled to allow the Board to hear from neighbors and the Housing Network.  Mr. Kalichstein added that there is a lot more traffic than before, more housing brings more traffic and more trash, and there is no benefit to putting more housing there.  Trustee Wiegman added that there is an acute affordable housing rental crisis throughout the Westchester County.  Mr. Kalichstein stated that he is not against housing, but there are 3 houses directly across the street from him where there were none before; he will do everything in his power to stop this from happening including suing whomever he can to stop this; he had no knowledge that this was going to be done tonight.

c.      Bob Wintermeir, 43 Radnor, stated he just heard about the Public Hearing this evening; affordable housing does not mean that you are necessarily going to get the best citizens that move into that area and according to the letter read, that certainly is not the type of citizens he wants in the community; should assure they are proper citizens who get along with their neighbors; he is not against affordable housing, but wants it in another location since there are 3 houses in the area already; give this gentleman a chance to have his say and table this until he gets his folks in.  Trustee McCarthy stated she recalls prior notices given Village-wide, why was it not done in this case.  Engineer O’Connor replied that notice was given per regulations.

d.      Maria Cudequest, Grand St., spoke on behalf of a resident who thought there would be nothing more built at that site; perhaps it should be tabled to allow everyone on Mt. Airy to have an opportunity to see if it is their best interests.

Trustee Grant stated that she is in favor of affordable housing and welcomes into the community those who move into the units; no one is going to be railroaded into anything; she disagrees that these people do not belong here; she does concur with putting this off to let neighbors in for opinions and to also give the Housing Network a opportunity to discuss results of studies and the survey they have done with Half Moon Bay, then the Board can make a reasonable decision.

Trustee Schmidt stated that the Village should notify more people with a project of this size.  Village Manager Herbek stated that he has an issue with that; there are many projects that come before the Board and where do you draw the line.  Village Attorney Waldman replied that notices that go out satisfy the statutes, changing this may leave the Village open to challenge.

e.      Ann DiCioccio, 12 Irving Ave., stated that some people who need these houses are glorified, but some are not so wonderful; her sister lived in one of the original affordable housing units, had problems with other renters and had to move.

f.      Laura Seitz, 2 Brook Trail, a member of the Housing Network, responded that when Mt. Airy Woods was first opened, perameters were set; initially only 2 families from outside Croton were accepted because not enough applicants from Croton met the criteria; everyone who moved into affordable rentals since have been residents of Croton or have a very clear Croton connection; the apartments at Half Moon Bay had two pools of applicants, all have been rented to Croton-connected families; the Federal Government prohibits disallowing someone from outside Croton from living in it.  She added that IFCA runs the apartments for the Housing Network; they pay social service professionals who help people with their various problems.

Mayor Elliott and the Board agreed to keep the Public Hearing open to the next meeting.  No vote was taken.
4.      CORRESPONDENCE:
Village Manager Herbek read the following correspondence (full text available at the Village Office):
a.      A letter from Tom Siebert, NYS Board of Real Property Services, regarding the 2003 Final State Equalization Rates.  Village Manager Herbek stated that it looks like the 4.93 rate will stand as the state is not willing to change; he has found that the Town’s rate is used and a conversion rate is applied for the Village; Joe Sperber will be attending the meeting in Albany.

b.      A letter from Julia Horowitz, The Blue Pig, requesting ? hour parking restrictions in front of 121 Maple Street.  Village Manager Herbek stated that he has no specific objection to this, but wants the Board’s input before taking up with the staff.  Trustee Schmidt stated that there is a need to find additional parking in the Upper Village and parking for employees also.  Trustee McCarthy asked that a further report be prepared for the Board showing how parking limits will impact residents of the area.  Trustee Grant stated for the record, that her son no longer is a part of the Blue Pig, therefore, she can enter into discussions and voting.

c.      A letter from JoAnn Fannon, regarding the Community Blood Program to be held on Sunday, May 16th from 9 am to 3 pm at Croton-Harmon High School.

d.      A letter from Elizabeth Ellison, Croton-Harmon Education Foundation, requesting free parking at Croton-Harmon station on May 23rd.  The Board agreed to allow the administration to work out the details.

e.      A press release from Westchester County with recycling figures for 2003,  showing that Croton-on-Hudson, though not first, had an outstanding performance.

f.      A letter from Bruce Berger, Westchester County Solid Waste Commission, regarding their Solid Waste & Recyclables Collection Licensing Law.

g.      An email from Richard Pellicci regarding the Croton River Gorge site where concrete and asphalt is being stored and asking that this older material be removed.  Village Manager Herbek stated that he will have to bring back information on how to deal with this and how much it would cost.  Trustee Grant asked also for a report on the impact of moving items that have been stagnant for so long.  Trustee McCarthy added that Mr. Pellicci seems to feel some of this may be on Town of Cortlandt property and they may be liable for some of the cost.  Village Manager Herbek replied that he did not know who owned the property, but it may be County property.

h.      A letter from Westchester County Executive, Andrew Spano, regarding the annual luncheon for National Community Development week to be held on Wednesday, April 7th at 12 noon to 2 pm at the Village of Pleasantville Clinton Street Center.  

i.      A letter from Westchester County Legislator, Michael Kaplowitz, asking for support in asking that the Indian Point 2 and 3 licenses not be extended for 20 years.  Trustee Wiegman read the prepared resolution as follows:

On Motion of Trustee McCarthy, seconded by Trustee Schmidt, the following resolution was adopted unanimously by the Board of Trustees of the Village of Croton on Hudson, New York:

AUTHORIZING THE VILLAGE OF CROTON-ON-HUDSON, COUNTY OF WESTCHESTER, NEW YORK, TO JOIN THE COALITION CALLING FOR THE
NUCLEAR REGULATORY COMMISSION TO REJECT THE RELICENSING OF THE INDIAN POINT NUCLEAR FACILITY

Whereas, Entergy Corp., owner and operator of the Indian Point Nuclear Power Plants, has expressed its intent to apply for operating license extensions of 20 years for Indian Point 2 and Indian Point 3, and being that the Village of Croton-on-Hudson Board of Trustees has previously expressed its concern over the continued operation of the nuclear power plants at the Indian Point Energy Center through several resolutions passed by this Board, including the Board’s Resolution on January 21, 2003 which calls on officials from the Federal, State and Local governments to work with relevant parties to develop a plan that includes the below listed action steps, and the Board’s Resolutions of February 3, 2003, which seek to lessen the reliance on nuclear power, authorizing purchase a quarter of the Village’s electricity from wind power, and designating itself as an Energy $mart Community, namely:

1. the development of an alternative, uninterrupted, and affordable energy source to replace the power currently produced at Indian Point,

2. the development of a financial plan that will mitigate the negative real estate tax implications on the local communities, school district, and county government,

3. the development of a plan to positively consider the current employees, such consideration will include job placement, retraining of affected workers, and other employment strategies, and

4. the development of a plan that ensures that spent fuel rods will be immediately secured and properly protected on site from the threat of a terrorist attack or accident, and

that an orderly closure and decommissioning of the Indian Point Nuclear Power Plants begin at the earliest possible time, and

Whereas, this Board reiterates its resolve, based on the potential of a terror attack on the plants, a concern about the age of the plants, and the potential results of a failure of equipment or human error in the operations of the plants, and

Whereas, Indian Point 2 and 3 were initially licensed based on Nuclear Regulatory Commission (NRC) regulations promulgated over 30 years ago, and if plant owners were to apply for a license to operate a nuclear power plant at the Indian Point site today, it would not likely be granted by the NRC under its current standards and regulations, specifically prohibiting the siting of nuclear power plants based on population density considerations, now therefore be it,

Resolved, that the Village of Croton-on-Hudson Board of Trustees opposes the re-licensing of Indian Point 2 and Indian Point 3 when their current licenses expire in 2013 and 2015, respectively, and that the NRC prohibit Entergy Corp.'s Indian Point 2 and 3 from being re-licensed, and to make this finding as soon as possible so that all concerned and involved parties can devote their time and resources to finding alternatives to the existing nuclear power plants, and be it further

Resolved, that the NRC should modify, through its Generic Environmental Impact Statement process, its siting regulations to reflect current considerations including that of terrorism, and be it further

Resolved, that the Clerk of Village of Croton-on-Hudson forward the text of this resolution to Westchester County's Board of Legislators and its State and Federal delegation, to all legislative bodies and elected officials within the 50-mile zone surrounding the Indian Point Nuclear Power Plants, the Nuclear Regulatory Commission and Entergy Corp., so that the intent of this Honorable Board be widely known.


j.      A letter from David Goldman, asking that the Valley Carting report be placed in the correspondence associated with the judge’s order on the Croton Website.  Village Manager Herbek added that he had made the decision to not put it on the website because this report deals with Valley Carting at a different location and does not deal specifically with Croton on Hudson; however, he will put it on if the Board decides it would like it there.  The Board agreed that if there is a link that should be put up on the website otherwise the entire document should be put on.

k.      k) Village Attorney stated that an email was received from Mike Gerrard, advising that the argument of the MetroEnviro appeal has been scheduled for Friday, March 26th at 9:30 AM in 45 Monroe Place, Brooklyn.


5. CITIZEN PARTICIPATION:
a.      Maria Cudequest, 84 Grand St., stated that all should rethink whether the Valley Carting Report is relevant to the community and the case; this report is available through the Concerned Citizens of Croton; she cited an article in the Journal News; also available are some of the exhibits; this report should be on the Village web site.  She asked that the Board continue to try to undo the issuance of the permit.  Ms. Cudequest stated that she has obtained information from the Army Corps. of Engineers, it is true they have not yet  cited the Village for dumping by the Croton River Wellfield site but the Village must remove all of the debris no later than May, undo and prevent further damage to the wetland and the river and restore the site; the Corps will be back in the spring.    Ms. Cudequest urged all residents to vote early tomorrow.

b.      Bob Wintermeir, 43 Radnor Ave., thanked Trustee McCarthy for her service to the community.  He reminded everyone to vote tomorrow.  Mr. Wintermeir stated that he toured the wellfield area and found a lot of junk, concrete and asphalt and he displayed pictures.  Village Engineer Dan O’Connor stated that he met with the Army Corps of Engineers on site; they had some misleading information, but made recommendations which Mr. O’Connor agreed with such as put up a silt fence and seed and mulch the site when the Village is done with the cleanup; he agreed to keep them up to date.  Mr. O’Connor suggested the crushing would be done in May and the material used in the Village sidewalk program; he has not received a letter.  Mr. Wintermeir added that he did some research on crushing operations which may end up with dust leading to asphalt slurry,  there is no evidence that this has any affect on the water supply but may lead to dust and eye redness; he would like the Village to hire someone to check the water that it is not endangered in any way.  Mr. Wintermeir added that no one is against affordable housing, but are against the kind of letters such as were read tonight.

c.      David Goldman, 76 Young Ave., read his statement thanking Trustee McCarthy for her years of service to the Village.  

d.      Michael Goetz, Irving Ave., stated that there was a cable car that went by the lower part of the dam and a cement wall, which is no longer there, but was dismantled by Westchester County and deposited along the side north of the wellfield and power lines which probably accounts for the cement in the area; Hurricane Floyd caused a lot of material from that wall and cable car to be sucked down.  He added that other towns’ debt levels are all similar and can be found on the web; he believes the Village’s debt level will be paid off in five years, interest rates are in historical lows now and this may be a good time to borrow or refinance.  Mr. Goetz added that he believes 85% of the people in Croton do not know about MetroEnviro or where it is; he was an original monitor, did his 6 months and never really found anything wrong enough to close down the operation; contractors like the place, unfortunately, people bring things in that cannot be seen; Croton was smart in limiting the materials that could be brought into this operation.  He stated that he’d rather not spend more money on this appeal, but spend the money on the Millennium Pipeline which is more of a threat to Croton and costs are being shared by other communities.  Mr. Goetz added that the Community Center is a great idea, but it is a large amount of money; if it is just for people to meet in, could the room at the top of the Fire Dept. building be used; he envisions a swimming pool/skating rink, a stage and a meeting room that could be rented out but he doesn’t think a good community center could be built for less than 3 million dollars; putting one by the train station is a horrible idea and suggested putting one next to Kayson instead.

e.      Susan Koenig, 37 Elmore, stated that drivers are available if anyone needs assistance to get to vote.  She stated that the federal monitor’s report in the Journal News is important to the Village; continue fighting in court; residents do know MetroEnviro and want it out of the Village and the report should go on the web site.

f.      Don Daubney, 45 Bungalow Rd., thanked Trustee McCarthy for her service to the community.  He stated that he is on the Board of Trustees at Asbury Methodist Church; they got a notice of a zoning change to expand a nursery school into a bonafide school which would require a special permit from the Board of Trustees; his Board is against this and hopes any such change would include open discussion; the Village leases the church parking lot for public parking and they have been considering ending this lease; if the school operation becomes on a larger school, it will create an additional parking problem.  Trustee McCarthy indicated that at the last ZBA meeting, the Mayor spoke to the Zoning Board indicating that, in his opinion, the Village Board would approve the special permit needed for this school.

Trustee McCarthy indicated to the Zoning Board and applicant that the special permit requires a public hearing and referral to the Planning Board and discussion with other Village Board members before any such permit is issued.  

Trustee Schmidt stated that in redrafting the steep slopes law, it was made clear that the chain of command would be the Planning Board and Zoning Board before the Board of Trustees made a decision so as to not influence the decisions below this Board and any reference otherwise was inappropriate.

g.      Tom Brennan, 121 N. Riverside, thanked Trustee McCarthy for being a great steward and he appreciates the service she gave the Village.  Mr. Brennan added that the Harmon Fire House came in around 3 million dollars, is a nice size building and included the cost to tear down the old building; use realistic numbers for building a community center.  

h.      Adam Wekstein, Strickland Realty, addressing two matters before the Board regarding the Gateway rezoning; this law is illegal and unconstitutional as it applies to Mr. Katz’s two parcels of land because it forces his client’s property to be developed in a specific way; this site has been identified repeatedly for a Community Center; automobile dealership prohibition adds insult to injury; there is only one automobile dealership in all the Gateway review which belongs to his client; the DGEIS was incomplete, conclusory and the FEIS was superficial and invasive.  He added that his client has submitted a valid protest petition and if approved, will have to take this matter up in another venue.


6. RESOLUTIONS:

a.      On motion of TRUSTEE Grant, seconded by TRUSTEE Wiegman, the following resolution was adopted by the Board of Trustees of the Village of Croton-on-Hudson, New York with the following vote: Trustees Wiegman, Schmidt, Grant and Mayor Elliott, “aye”; Trustee McCarthy, “no vote”.

WHEREAS, the Village Board is considering the adoption of Local Law Introductory No. 3 of 2003, a local law establishing Gateway Overlay Districts for the Village; and

WHEREAS, on July 22, 2003, the Village of Croton-on-Hudson Board of Trustees designated itself as Lead Agency for the environmental review of the Proposed Action and authorized the circulation of the Environmental Assessment Form to all interested parties; and

WHEREAS, on August 20, 2003, the Village Board of Trustees issued a positive declaration with respect to this action and determined that a Draft Environmental Impact Statement (DGEIS) should be prepared for the proposed action; and

WHEREAS, on October 7, 2003 accepted the DGEIS as complete with respect to its scope and content as required under SEQR regulations for the purpose of commencing the public review; and

WHEREAS, on October 7, 2003 the Board authorized the DGEIS to be made available to involved agencies, interested parties, and the public; and

WHEREAS, on November 3, 2003, the Board held a Public Hearing to consider the DGEIS and Local Law Introductory No. 3 of 2003; and

WHEREAS, on February 17, 2004 the Board accepted the Final Generic Environmental Impact Statement, authorized its circulation to involved agencies, interested parties, and the public, and authorized the preparation of a Findings Statement,

NOW, THEREFORE BE IT FURTHER RESOLVED, that pursuant to Article 8 (State Environmental Quality Review Act – SEQRA) of the Environmental Conservation Law and 6 NYCRR Part 617, the Village of Croton on Hudson Board of Trustees, as lead agency, hereby adopts the following findings with regard to the adoption of Gateway Overlay District legislation – Local Law Introductory No. 3 of 2003:


617.21

Appendix I
State Environmental Quality Review

Pursuant to Article 8 (State Environmental Quality Review Act – SEQRA) of the Environmental Conservation Law and 6 NYCRR Part 617, the Village of Croton-on-Hudson Board of Trustees, as lead or involved agency, makes the following findings.

Name of Action:  
Adoption of Gateway Overlay District legislation.

Description of Action:
Croton’s gateways serve as the major entry points from surrounding municipalities and roads.  The physical gateway area is comprised of the roads and surrounding properties that a motorist or pedestrian encounters when first entering the village.  These areas mark a sense of arrival and connection to the village and establish an image and initial impression of the community.

Drawing on goals set out in Croton’s 2003 Comprehensive Plan, the village is proposing the adoption of a gateway overlay district law to establish standards that will upgrade the image and function of gateway areas, strengthen the overall visual identity of the village, and improve linkages to adjacent residential neighborhoods.  The defining characteristics for the gateway areas, as identified in Croton’s 2003 Comprehensive Plan and in the gateway legislation, are:

1.      Vehicular entry points into Croton from Routes 9 and 9A
2.      Commercial or office uses oriented toward automobile traffic
3.      Opportunities for development and redevelopment

In accordance with the 2003 Comprehensive Plan, the proposed overlay includes special use regulations, FAR controls, size limitations, open space, landscaping, and lighting requirements, design regulations as well as individual design guidelines for each of the three gateways.

A summary of the proposed legislation is included at the conclusion of this document.

Location:
Village of Croton-on-Hudson, Westchester County, New York. The three gateway areas are:

1.      Harmon / South Riverside, running along Croton Point Avenue between Route 9 and South Riverside Avenue and along South Riverside Avenue between Croton Point Avenue and Benedict Boulevard.  The area is an important link to the train station via Croton Point Avenue and to the Harmon neighborhood.  It also provides a connection to the historic Van Cortlandt Manor to the south.

2.      Municipal Place Shopping Area, consisting of the lots on the north and south sides of Municipal Place between Route 9 and Maple Street, the commercially-zoned portion of the block on the east side of Maple Street, and the lots located between Route 9 and South Riverside Avenue from the village-owned parcel to the north to the intersection of Maple and South Riverside to the south.  The Municipal Place shopping area is an important entrance to the village from Route 9 and connects to the Upper Village via Maple Street and to the surrounding neighborhoods.

3.      North End of the Village along Albany Post Road (9A), consisting of the eight lots between Routes 9 and 9A and the village boundary and Warren Road.  This area marks the entrance to the village from the north along Routes 9 and 9A.

Agency Jurisdiction(s):
Village of Croton-on-Hudson Board of Trustees

Date Final EIS Filed and SEQR History:
Final EIS filed: February 17, 2004.  

SEQR History: On October 22, 2002, the Village of Croton-on-Hudson Board of Trustees declared itself as lead agency under SEQR for purposes of this action.  On August 20, 2003, the Village Board, as lead agency under SEQR, issued a Positive Declaration requiring the preparation of a Draft Generic Environmental Impact Statement (DGEIS).  In issuing the Positive Declaration, the Village of Croton-on-Hudson determined that the proposed action may have a significant effect on:

·       Socioeconomics/Neighborhood Character

A DGEIS was submitted to the Village of Croton-on-Hudson Board of Trustees on Friday October 3, 2003.  At the October 7, 2003 meeting the Board of Trustees accepted the DGEIS as complete, issued a Notice of Completion and scheduled a SEQR Hearing for the DGEIS. Accordingly, on November 3, 2003 a public hearing was held at the Stanley H. Kellerhouse Municipal Building.  A total of three speakers commented on technical aspects of the DGEIS and/or provided general comments regarding the proposed action.  The DGEIS public comment period remained open until November 21, 2003 for the receipt of written comments.  Following the closure of the public comment period, the FGEIS was prepared and submitted to the Board of Trustees on February 10, 2004.  The Board of Trustees accepted the FGEIS as complete and issued a Notice of Completion on February 17, 2004.  The FGEIS and Notice of Completion were circulated on February 23, 2004 for review by involved and interested agencies.  

Facts and Conclusions in the EIS Relied Upon to Support the Decision:
The proposed legislation is the direct outcome of Croton’s 2003 Comprehensive Plan and reflects the goals set forth in the 2003 Plan, including preserving and enhancing Croton’s small-town, historic scale and green, open space qualities and strengthening the village’s commercial areas.  The adoption of the proposed gateway overlay legislation will encourage new development and expansion that is appropriate in scale to a small, historic village such as Croton and that will foster more successful commercial areas. Specific potential impacts are summarized below, by impact category.

Land Use, Zoning and Public Policy. The proposed legislation will restrict the overall development potential in the gateway districts by limiting the maximum FAR and by setting square footage restrictions on building size and the size of single commercial uses.  The legislation also prohibits several uses within the gateway areas that are considered less suitable for the village’s gateway areas.  Through the FAR and building size regulations, the regulations will encourage development that is appropriate to the small-scale character of the village. The regulations will restrict the extent to which property owners can expand; however, since most of the already-improved properties are not fully built-out, property owners will still have room for expansion.  The prohibition of uses will render two existing uses prior non-conforming uses but will not restrict or limit the continued operation of these businesses.
Air Quality and Noise.  By reducing development density and increasing landscaping features such as buffers and screening, the proposed legislation will have a beneficial impact on air quality and noise.  Moreover, by reducing the total development potential, the regulations will limit traffic generated by future development, thereby decreasing the potential for traffic-related air emissions and noise.

Vegetation and Wildlife.  The proposed legislation includes open space provisions and landscaping guidelines, including requiring a 15% open space allotment per lot.  For the South Riverside and Municipal Place gateway areas, which are substantially built-out, these measures will encourage the growth of vegetation. For the North End gateway area, which has a lower-density, more rural quality, the proposed measures will help preserve the existing vegetation.  

Community Facilities and Services.  The adoption of the proposed legislation will not create any new development.  In the longer term, the reduction in the maximum density permitted in the gateway areas will effectively limit the potential demand for community facilities and services, particularly as compared to the underlying zoning which allows higher development densities.

Transportation.  The proposed gateway overlay law will reduce the maximum permitted density within the gateway areas and limit the permitted size of buildings and commercial uses.  It also prohibits drive-through windows and limits curb cuts, both of which create traffic flow problems.  As such, the legislation will limit future traffic congestion and create more pedestrian-accessible shopping areas, thereby having a beneficial impact on transportation in the village.

Historic, Cultural and Visual Resources.  No historic or cultural resources are located directly within the gateway areas.  However, Van Cortlandt Manor, a national historic landmark, is located just outside the boundaries of the South Riverside gateway district.  The bulk, use and design regulations and design guidelines proposed in the legislation will create a more attractive setting for the Manor by encouraging landscaping and streetscaping and prohibiting uses such as commercial parking lots and automobile dealerships which would detract from the Manor’s setting.

Socioeconomics and Neighborhood Character.  The proposed overlay will have a number of impacts on socioeconomics and neighborhood character within the gateway areas.  The special permit uses will require village review of farmers markets, greenmarkets and garden centers.  This will ensure that future greenmarkets, farmers markets and garden centers are held to a high standard.  Certain uses, such as commercial parking lots, automobile dealerships, drive-through windows for commercial establishments, and fast-food restaurants, will be prohibited.  Such existing uses will be permitted as prior non-conforming uses but will be unable to expand.  This may have an economic impact on such existing uses, but not to the extent that it significantly interferes with any existing operations.  It will have a correspondingly beneficial impact on neighborhood character.  

The FAR reduction will limit potential development density within the gateway areas, and will correspondingly reduce the amount of parking and traffic generated by any future development.  This reduction in density, combined with the open space requirement, will create more attractive gateway areas and will encourage development in keeping with the village’s scale and character.  Similarly, the size restrictions (20,000 square feet for buildings and 8,000 square feet for any single commercial use) will limit the potential to develop large-scale retail and other uses that do not fit with the goals set out in the 2003 Comprehensive Plan of preserving and enhancing the small-scale, historic character of the village.  However, the proposed size limitations will still accommodate a wide range of commercial uses and potential tenants.  Furthermore, the size limitation is consistent with other economically vital northern Westchester villages and towns.  

Combined with the proposed design guidelines, the overall impact of the proposed overlay will be beneficial to both socioeconomics and neighborhood character within the gateway areas.

Alternatives Considered
During the public hearing and comment period following the circulation of the DGEIS, comments and questions were raised pertaining to the proposed legislation that prompted the Board of Trustees to review certain portions of the legislation.  In response to these comments, the Board of Trustees made several changes to the proposed legislation.  These changes were explained in the FGEIS, which also included copies of the original and revised legislation, and are summarized below:

1.      §230-20.3-3: The limitation on hours of operation has been deleted

2.      §230-20.4-2: The maximum building square footage for any single building has been changed from 8,000 square feet to 20,000 square feet.  The size limitation now applies to any single building, not just those buildings designed for retail use.

3.      §230-20.4-3: A maximum square footage limitation has been established for any single commercial use.  This restriction limits the maximum permissible square footage for any single commercial use by any single occupant or tenant to 8,000 square feet of gross floor area.

4.      §230-20.5-3 (Open Space): The per-lot open space requirement has been decreased to 15%, from 25%.

Name of Action: Adoption of Gateway Overlay District legislation

CERTIFICATION OF FINDINGS TO APPROVE/FUND/UNDERTAKE
Having considered the Draft and Final EIS, and having considered the preceding written facts and conclusions relied upon to meet the requirements of 6 NYCRR 617.9, this Statement of Findings certifies that:

        1.      The requirements of 6 NYCRR Part 617 have been met;

        2.      Consistent with the social, economic, and other essential considerations from among the reasonable alternatives thereto, the action approved is one which minimizes or avoids adverse environmental effects to the maximum extent practicable; including the effects disclosed in the environmental impact statement, and

        3.      Consistent with the social, economic, and other essential considerations, to the maximum extent practicable, adverse environmental effects revealed in the environmental impact statement process will be minimized or avoided by incorporating as conditions to the decision those mitigative measures which were identified as practicable.

        4.      (and, if applicable) Consistent with the applicable policies of Article 42 of the Executive Law, as implemented by 19 NYCRR 600.5, this action will achieve a balance between the protection of the environment and the need to accommodate social and economic considerations.  

Village of Croton-on-Hudson Board of Trustees
Name of Agency

                                        
Signature of Responsible Official


Village Manager 
Title of Responsible Official

Richard F. Herbek                               
Name of Responsible Official

                        
Date
Kellerhouse Municipal Building; One Van Wyck Street; Croton-on-Hudson, NY 10520
Address of Agency

Summary of Proposed Gateway Legislation
The proposed legislation establishes regulations for use, area and bulk, as well as design regulations for features such as parking placement, curb cuts and sidewalks, open space and landscaping, signage, lighting, and building orientation.  In addition to these regulations, the legislation sets out design guidelines for each of the gateway areas, relating to pedestrian and bicycle networks, landscaping, streetscaping, and signage.  

Use Regulations.  The proposed law will allow certain uses by special permit and will prohibit other uses.  Farmers markets, greenmarkets and garden centers will be permitted by special permit.  These uses are not presently permitted in the underlying zoning districts, but have been identified as meeting a need in the village.  Permitting these uses by special permit will require that they are held to a high standard of review.  The law will prohibit commercial parking lots, automobile storage lots, drive-through windows for commercial establishments, automobile or other vehicle dealerships, and fast-food restaurants.  

Area and Bulk Regulations.  Under the proposed zoning, an FAR of 0.35 is permitted for single-use properties and 0.4 for mixed-use properties in the gateway areas.  These proposed FARs represent a decrease in the FAR permitted in the underlying zoning districts for the South Riverside and Municipal Place gateway areas (0.50, as permitted in C-2 districts) and establish an FAR for the North End (zoned O-1, which at present does not have an FAR).  The proposed FARs will restrict the development potential in the gateway areas, thereby encouraging smaller-scale development more appropriate to the scale and historic character of the village.  

The additional 0.05 FAR permitted for mixed-use properties is designed to provide an incentive to develop properties for multiple uses.  Over time, mixed-use development may result in a great mix and diversity of uses within the gateway areas, in turn encouraging a greater number of users and stimulating the local economy.  

The proposed legislation also sets out building size restrictions, limiting any single building in the gateway areas to 20,000 square feet, and any single commercial use to 8,000 square feet.  As with the proposed FARs, these size restrictions will encourage development that is more appropriate to the size and character of the village.  

Design Regulations. The design regulations set forth standards for parking placement, curb cuts/sidewalks, open space, signage, lighting and building orientation.  These standards are designed to encourage more traditional, village-style development, make the gateway areas more pedestrian-accessible, and promote greener and more attractive gateway areas through open space, lighting, and signage requirements.  


b)      On motion of TRUSTEE Wiegman, seconded by TRUSTEE Schmidt, the following resolution was adopted by the Board of Trustees of the Village of Croton-on-Hudson, New York with the following vote:  Trustees Wiegman, Schmidt, Grant and Mayor Elliott, “aye”; Trustee McCarthy, “no vote”:

WHEREAS, on January 21, 2003 the Village Board of Trustees approved a new Comprehensive Plan for the Village; and

WHEREAS, this Plan recommended the establishment of gateway overlay districts for the three commercial gateways in the Village; and

WHEREAS, the Village’s consultant, Buckhurst Fish & Jacquemart, has prepared a Gateway Overlay Zone Law to be considered as Local Law Introductory No. 3 of 2003; and

WHEREAS, a Public Hearing was held on November 3, 2003 to consider Local Law Introductory No. 3 of 2003; and

WHEREAS, the Village Board received public comments on the proposed law both at the Public Hearing and during the public comment period after the Public Hearing; and

WHEREAS, the proposed law was modified in response to these public comments; and

WHEREAS, the Final Generic Environmental Impact Statement embodies certain modifications to the proposed law in response to the public comments; and

WHEREAS, the Village has now completed its environmental review in accordance with the requirements of the State Environmental Quality Review Act,

NOW THEREFORE BE IT RESOLVED:  that the Village Board of Trustees does hereby adopt Local Law Introductory No. 3 of 2003, which upon adoption will become Local Law No. 3 of 2004.


NEW YORK STATE DEPARTMENT OF STATE
41 STATE STREET, ALBANY,
NY 12231

Local Law Filing                                                                 

        Village of Croton-on-Hudson

        Local Law No. 3 of the year 2004


A local law establishing a gateway overlay district within the Zoning Law of the Village  


Be it enacted by the Board of Trustees of the Village of Croton-on-Hudson as follows:


Section 1.  Amendment to Zoning Law, Chapter 230 of the Croton-on-Hudson Village Code

A new Article IV.A entitled Gateway Overlay District shall be added to Chapter 230 and shall read as follows:

Article IVA – Gateway Overlay District


§ 230-20.1  Purpose / Definition of Gateway Overlay District

Croton’s commercial gateways are the major entry points from surrounding municipalities and roads.  The physical gateway areas are comprised of the roads and surrounding properties a motorist or pedestrian encounters when first entering the Village. These areas create a sense of arrival and connection to the Village, and establish an image and initial impression of the community.  

The 2003 Comprehensive Plan identified three gateway areas in the Village, which currently share the following defining characteristics:

1.      Vehicular entry points in Croton-on-Hudson from Route 9/9A
2.      Commercial or office uses principally accessed by automobile traffic
3.      Possibilities for development and redevelopment.

The purpose of the gateway overlay district is to establish standards that upgrade the image and function of gateway areas, strengthen the overall visual identity of the Village, and improve pedestrian linkages to adjacent residential neighborhoods.  

§ 230-20.2 - Location of Gateway Areas

Croton-on-Hudson’s three gateway areas are:

1.      Harmon / South Riverside, running along Croton Point Avenue between Route 9 and South Riverside Avenue, and along South Riverside Avenue between Croton Point Avenue and Benedict Boulevard.  The area is an important link to the train station via Croton Point Avenue and to the Harmon neighborhood.  It also provides a connection to the historic Van Cortlandt Manor to the south.   

2.      Municipal Place Shopping Area, consisting of lots on the north and south sides of Municipal Place between Route 9 and Maple Street, and the commercially-zoned portion of the block on the east side of Maple Street, and the lots located between Route 9 and South Riverside Avenue from the Village-owned parcel to the north to the intersection of Maple and South Riverside to the south, as shown on Figure 3.  The Municipal Place Shopping Area is an important entrance to the Village from Route 9.  It connects to the Upper Village via Maple Street and to the surrounding neighborhoods.  

3.      North End of the Village along Albany Post Road (9A), consisting of the eight lots between Routes 9 and 9A, and Village boundary and Warren Road.  This area marks the entrance to the Village from the north along Routes 9 and 9A.  

The locations of the gateway districts are shown in Figure 1.  

§ 230-20.3.     Gateway Overlay District Use Regulations

1.      Special Permit Uses. The uses permitted in the gateway districts shall correspond to the permitted and special permit uses set forth in the underlying zoning district.  In addition, the following uses, when not otherwise authorized in the underlying zone, shall be permitted by a special permit granted by the Village Board of Trustees in the Gateway districts:

a.      Farmers markets, greenmarkets or garden centers.

2.      Prohibited Uses. Notwithstanding uses otherwise permitted by the underlying zoning district, the following uses shall be prohibited in the gateway districts:
a.      Commercial parking lots
b.      Automobile storage lots
c.      Drive-through windows for commercial establishments
d.      Automobile or other vehicle dealerships
e.      Fast-food restaurants

§ 230-20.4      Gateway Overlay District Area and Bulk Regulations

1.      Maximum Allowable Floor Area Ratio

The maximum allowable Floor Area Ratio (FAR) standards that shall be adhered to for new development shall be the FAR listed for the underlying zone or the following, whichever is more restrictive:
a.      0.35 for single-use properties, that is a property proposed for only one principal permitted use.
b.      0.40 for multi-use properties, including combinations of retail and office, retail and residential uses or office and residential.  

2.      Maximum Building Square Footage
The maximum permissible square footage for any single building shall not exceed 20,000 square feet.  This requirement is imposed in order to encourage a compact urban design of the gateway.

3.      Maximum Permitted Square Footage for Any Single Commercial Use.
The maximum permissible square footage for any single commercial use by any single occupant or tenant shall not exceed 8,000 square feet of gross floor area.

§ 230-20.5      Gateway Overlay District Design Regulations

1.      Off-Street Parking Placement / Design.
All off-street parking shall be located along the side and in the rear of buildings, unless the applicant demonstrates to the Planning Board that site or business constraints prevent conformance with this requirement.  In accordance with §230-52 of the Zoning Code, parking lots shall be landscaped.  

2.      Curb Cuts and Sidewalks.  
a.      Vehicular Curb Cuts. Properties within the gateway areas shall be permitted a maximum of one (1) vehicular curb cut per lot per street frontage, unless the property owner can demonstrate to the Planning Board that this standard either cannot be achieved or is not appropriate to the specific site.  Where the owner of a developed property with more than one curb cut applies for a change of use, a site plan and/or amendment to a site plan, the property owner shall be required to meet the conditions of this paragraph.  Curb cut consolidation plans shall be presented to the Planning Board as part of the site plan application.  Where possible, curb cuts shall be shared among adjoining properties.

b.      Sidewalks. All sidewalks shall be properly maintained in accordance with Village regulations.  All new property developments must provide sidewalks along any property lines that front on public streets, unless this requirement is waived by the Planning Board due to the special circumstances of a particular site.  Internal sidewalks will be provided as deemed appropriate by the Planning Board.

3.      Open Space.
To enhance the appearance of the gateway areas and contribute to Croton’s open space character, a minimum of fifteen percent (15%) of the lot area shall be set aside as open space.  Applicants will be required to submit a landscape plan as part of the site plan application.

a.      This open space allotment shall either be left in its natural state or appropriately landscaped and open to the air, and may include:
1.      Landscaped or planted building setbacks
2.      Landscaped or planted islands in parking lots
3.      Grass or planted areas on the lot.  

b.      The open space allotment may not include parking lots, buildings or sidewalks.  

c.      Where a lot has frontage on a street or sidewalk, the planting of trees, shrubs and other landscaping shall be designed to provide an attractive, green buffer between the building and the sidewalk and the sidewalk and the street.  

d.      A buffer of street trees, ornamental shrubs or low stone walls shall be required to screen parking areas and auto service stations from adjacent sidewalks and streets.  The effectiveness of the buffer including its width height and length shall be determined during site plan review by the Planning Board.

4.      Signage.
All signs in the gateway districts must conform to the Village’s signage regulations set forth in §230-44 of the Zoning Code.  In addition, no sign in a gateway district shall exceed 48 square feet in area.

5.      Lighting
a.      All applicants shall be required to submit a lighting diagram at the time of site plan application showing the location of lights on buildings and in parking lots, and the actual areas of illumination.

b.      The illumination glare from building and parking lot lights shall not be permitted to spill over into any adjoining lots.  

c.      Parking Lot Lighting.  Free-standing lighting in parking lots shall not be higher than 20 feet.  

6.      Building Orientation
In order to discourage parking lots in front of buildings new buildings shall be oriented with the building front facing the street and situated close to the front property line to create a more continuous street wall.

§ 230-20.6      Gateway Overlay District Design Guidelines

Each of the gateway areas should have a special character that should be preserved and enhanced.  Accordingly, in addition to the Design Regulations set forth above in § 230-20.5 of this ordinance, design guidelines have been established in the 2003 Comprehensive Plan for each of the three gateway areas that build upon the individual features of each district.  The design guidelines for each gateway district are depicted in Figures 2, 3, and 4 of this ordinance and described below.  

1.      South Riverside/Harmon.  
New development, landscaping and streetscaping in the South Riverside/Harmon district shall be designed to enhance the district’s small-scale character and to improve connections between the railroad station and the South Riverside/Harmon shopping area.  

a.      Pedestrian and Bicycle Networks.  To improve safety and accessibility in the Harmon/South Riverside area, the installation of sidewalks and bikeways along the south side of Croton Point Avenue shall be required as practicable.  Any new sidewalks shall include paving treatments that are consistent with the sidewalk design incorporated in the commercial areas on South Riverside between Benedict Boulevard and Oneida Avenue.  

b.      Landscaping.  Landscaping in the South Riverside/Harmon gateway district shall conform to the regulations set forth in §230-20.5 (3) of this ordinance and §230-52 of the Zoning Code.  In addition, street trees and ornamental shrubs shall be planted on the east and west sides of South Riverside Avenue to enhance the appearance of this corridor and create a more attractive entrance to the Village.   

c.      Streetscape.  The Planning Board shall require the use of pedestrian-scale lighting and other streetscape features similar to those used in the North Riverside and Upper Village commercial areas, to visually link this district to other commercial areas and to create a more attractive and accessible pedestrian environment.

d.      Signage.  All signage within the district shall conform to the signage regulations set forth in the Zoning Code.  In addition, to reinforce the area’s role as a major gateway, the Planning Board shall encourage the design and placement of a distinctive gateway feature such as a clock or sculpture near the corner of Croton Point Avenue and South Riverside Avenue.

2.      Municipal Place.
a.      Pedestrian Networks.  A network of pedestrian routes would provide safe and attractive links between the shopping plazas and other commercial sites, as well as to other major destination points such as schools, the library and recreation areas.  In site plan applications the following shall be implemented wherever it is deemed practicable by the Planning Board:

1)      The installation of sidewalks in the following locations within the gateway districts:
·       The west side of Maple Street along the parcel with the following tax map designation:  78.12-3-3
·       The east side of Maple Street from Municipal Place to Hudson Street
·       The north and south sides of Municipal Place between South Riverside Avenue and Maple Street

2)      The installation of sidewalks within each shopping plaza.  These routes shall link directly to store entrances and to pedestrian crosswalks, and shall include landscaping, signage and seating areas that encourage pedestrian activity.  

3)      Any new sidewalks shall include paving treatments that are consistent with the sidewalk design incorporated in the North Riverside at Brook Street and Upper Village commercial areas.  

b.      Landscaping.  Landscaping in the Municipal Place gateway district shall conform to the regulations set forth in §230-20.5 (3) of this ordinance and §230-52 of the Zoning Code.  In addition, landscaped islands, including ornamental trees and shrubs, shall be incorporated as practicable for the plaza parking lots.

c.      Streetscape.  The Planning Board shall require the use of pedestrian-scale lighting and other streetscape features similar to those used in the North Riverside at Brook Street or Upper Village commercial areas, to visually link this district to other commercial areas and to create a more attractive and accessible pedestrian environment.

d.      Signage.  All signage within the district shall conform to the signage regulations set forth in the Zoning Code.  

3.      North End.  
New development, landscaping and streetscaping in the North End gateway district shall be designed to preserve the district’s residential and rural feel, connect the district to the neighborhoods to the south, and provide a more defined entrance into the Village.

a.      Pedestrian Networks.  The installation of sidewalks along the Route 9 side of Route 9A, approximately from the village boundary line to the properties immediately south of Warren Road, and the installation of sidewalks on Warren Road between Route 9 and Route 9A shall be incorporated into site plans as practicable.  Any new sidewalks along Route 9A shall include paving treatments that are consistent with the sidewalk design incorporated in the North Riverside at Brook Street and Upper Village commercial areas.  

b.      Landscaping.  Landscaping in the North End gateway district shall conform to the regulations set forth in §230-20.5 (3) of this ordinance and §230-52 of the Zoning Code.  In addition, street trees and ornamental shrubs shall also be planted on the east side of Route 9 and the west side of Route 9A to form a buffer between these roads and the North End gateway properties.   

c.      Stone Walls.  The use of low stone walls consistent with existing built walls along property lines to screen parking, to provide a special identity for this district, and to visually link the district to similar features south of Warren Road shall be preferred in considering site plans.  

§ 230-20.7      Compliance with Gateway District Regulations
All site plan, change of use and special permit applications within a Gateway Overlay District shall provide a design guidelines compliance chart or drawing which shall show how the application conforms to the gateway improvement plans set forth in the 2003 Comprehensive Plan and described in § 230-20.6 of this ordinance.  The Planning Board shall use such compliance chart or drawing in its review of the application.  The applicant shall indicate to the Planning Board reasons for any non-compliance with the gateway improvement plans.  

Section 2.  Zoning Overlays

A.      South Riverside/Harmon Zoning District

The following parcels having the following Village tax map designations hereby comprise the South Riverside/Harmon Zoning District

        79.13-2-5
        79.13-2-6
        79.13-2-18
        79.13-2-19
        79.13-2-20
        79.13-2-21
        79.13-2-22
        79.13-2-22.1
        79.13-2-23
        79.13-2-24
        79.13-2-25
        79.13-2-26
        79.13-2-27
        79.13-2-28
        79.13-2-29
        79.13-2-30
        79.13-2-31
        79.13-2-32
        79.13-2-33

B.      Municipal Place

The following parcels having the following Village tax map designations hereby comprise the Municipal Place Zoning District

        78.12-3-4
        78.12-3-5
        78.12-3-6
        78.12-3-7
        78.12-3-3
        78.12-3-2
        78.12-3-8
        78.12-3-9
        78.12-3-10
        79.9-1-30
        79.9-1-77
        79.9-1-66
        79.9-1-67

C.      North End

The following parcels having the following Village tax map designations hereby comprise the North End Zoning District

67.10-2-11
67.10-2-12
67.10-2-13
67.10-2-14
67.10-2-15
67.10-2-16
67.10-2-17
67.10-2-1


Section 3.  The following definition shall be added to the definitions section of the code, 230-4
“Terms Defined”


Fast Food Restaurant:  An establishment primarily engaged in the sale of ready-to-consume food and beverages, generally served in disposable or prepackaged containers or wrappers, in which patrons usually select their orders from a posted menu offering a limited number of specialized items such as but not limited to hamburgers, chicken, fish and chips, pizza, tacos and hot dogs; these items are prepared according to standardized procedures for consumption either on or off the premises in a facility where a substantial portion of the sales to the public is by drive-in or stand-up service and primary cleanup is generally performed by the customer.  The term “fast-food restaurant” shall not be considered to include restaurant, delicatessen, take-out establishment, bakery, coffee shop, or ice cream/confectionary store.

Section 4.  This Local Law shall be effective upon filing in the office of the Secretary of State.


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: 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: in accordance with Section 5-504 the Village Manager, as Budget Officer, will be filing the tentative budget in the office of the Village Clerk on March 19th 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 is hereby called on the 2004-2005 Tentative Budget for Monday, April 12, 2004 at 8:00PM in the Meeting Room of the Municipal Building.

d)      On motion of TRUSTEE SCHMIDT, seconded by TRUSTEE GRANT, the following resolution was adopted unanimously by the Board of Trustees of the Village of Croton-on-Hudson, New York:  

WHEREAS, the Village is interested in undertaking the rebuilding of the outlet structure at Kaplan’s Pond as part of the Village’s Storm Water Management Plan which was prepared by the firm of Dvirka and Bartilucci; and

WHEREAS, the Village has received a proposal from Dvirka and Bartilucci for engineering services, permitting and bidding assistance with  regard to this project for a total fee of $37,500 with options for further work as required ; and

WHEREAS, the Village will be receiving $75,000 from CDBG grant funds to assist with the construction improvements; and

WHEREAS, it is necessary now to get started with the engineering and design improvements in order to have this project let for public bidding by late summer;

NOW THEREFORE BE IT RESOLVED: that the Village Manager is hereby authorized to sign the letter of agreement dated March 3, 2004 with the Engineering Firm of Dvirka and Bartilucci for the scope of work set  forth in their letter for a total fee of $37,500 with options for further work as required;

AND BE IT FURTHER RESOLVED: that the Village Treasurer is authorized to transfer $39,000 from account 001 9953 0900 to the Capital Fund account 003 8660 0200 0304 0113 to fund the design of this project.

e)      On motion of TRUSTEE SCHMIDT seconded by TRUSTEE GRANT, the following resolution was adopted unanimously by the Board of Trustees of the Village of Croton-on-Hudson, New York

WHEREAS, the Village Planning Board has implemented a $5,000.00 landscape screening fee for the site plan approval of the Finklestein property; and

WHEREAS, the Treasurer has received said funds; and

WHEREAS these funds will ultimately used to purchase screening in the subsequent fiscal year, the Treasurer must receive them in FY 2003-2004. The Village Treasurer wishes to amend the 2003-2004 General fund Operating budget effecting the following accounts; and

Increase  2705  by    $ 5,000.00    ( Gifts & Donations )

NOW THEREFORE be it resolved that the Village Treasurer amend the 2003 - 2004 General Fund budget to reflect these changes.


7. APPROVAL OF MINUTES:

Trustee Schmidt made a motion to approve the minutes of the Regular Board Meeting held on March 1, 2004 as corrected.  Trustee Grant seconded the motion.  The Board voted unanimous approval.

8. REPORTS:
Village Manager Herbek reported that the building that was used for a residence and storage at Black Rock was in need of repairs but it was discovered that termites have done significant damage; the building is an almost unsafe condition at this time; it is not worth saving and needs to be demolished; this may be in the $10,000 range.  Village Manager Herbek reported that he attended a meeting of the Mid-Hudson South Bicycle and Pedestrian sub-committee meeting on March 10th; this is a major priority of the Village; can apply for funds through the Mid-Hudson South committee T.I.P.; there has been discussion about putting a bicycle lane on the south side of Croton Point Ave.  Village Manager Herbek reported that he also attended a meeting of NY Metropolitan Planning Organization who are working on a regional transportation plan for the next 25 years.  He also attended two meetings of the Clean Communities Program exploring alternative fuels; he will provide information to the Board regarding these meetings.

Village Treasurer Reardon reported on March 7th he spent time defending the Village’s A1 rating; he has received a favorable report.

Trustee Wiegman read a report from his son regarding the ‘debt clock’ for the cost of war in Iraq, which can be found at 222.costofwar.com.  Trustee Wiegman reported that Sandy Galef will be holding an Energy Fair again on March 20th in Cold Spring.  Trustee Wiegman reported on a Daily News article he distributed regarding the minimum wage bill; he suggested applying pressure to key state senators and read from a letter he has written to Senator Leibel.

Trustee McCarthy urged everyone to get out and vote tomorrow.  Trustee McCarthy reported that the Village auditors have said in the past that most municipalities’ Constitutional Debit Contracting capability is between 8 and 15 %, the Village’s is over 30% and is significantly higher than most municipalities.  Trustee McCarthy stated that the trucks going in and out of MetroEnviro are reported as somewhere around 14,000 to 16,000 that came into the Village which is significant; the statement by the prior speaker was not quite accurate.  Ms. McCarthy added that this was her last board meeting and she was fortunate to have been in the position of Trustee and thanked all for their support.

Trustee Schmidt read the Recreational Advisory Committee’s new mission statement; the committee asked that everyone should pay attention to the program offerings as there will be changes.  Trustee Schmidt reported that on April 25th, the Rotary Club will be hosting their community service program; this year they will be honoring volunteer boards, councils, committees and commissions; this is their main fund raiser for scholarship funds.

Trustee Grant reported that the affordable housing discussion included an incident that should not happen but it should not be a reflection on the residents of Mt. Airy Woods; it may have been an isolated incident that could have happened anywhere; affordable housing warrants more discussion about the concept, senior housing needs and playground area to allow the residents to really live a “Croton life”.  Trustee Grant asked the Board to look at the agenda to adjust it so people do not have to wait several hours to present a subject matter.  Trustee Grant stated that it is time for another MetroNorth meeting; some things are not being done; the lack of return phone calls is correct as reported; she has asked for a meeting with the actual people who man the hot line.  Trustee Grant stated that notwithstanding the different approaches she and Trustee McCarthy have had, their goals are the same and she wishes her luck, success and happiness.

Mayor Elliott stated that some unfortunate comments were made about residents in affordable housing; this is not the sentiment of the residents of Croton; all the residents are welcome and are an integral part of the community.  Mayor Elliott gave his phone number as a contact for transportation assistance to polls.  Mayor Elliott thanked Trustee McCarthy for her service; the Village will continue to benefit from her input.

Trustee Wiegman made a motion to adjourn.  Trustee Schmidt seconded the motion; approved unanimously.  The meeting was adjourned at 11 P.M.


Respectfully  submitted,



Phyllis A. Bradbury, Secretary



Village Clerk