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Board of Trustees Minutes 10-12-2004
Regular Meeting of the Board of Trustees of the Village of Croton-on-Hudson, NY was held on Tuesday October 12, 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 Trustee Wiegman
        Village Attorney Waldman                Trustee Schmidt
                                        Trustee Kane
        Absent: Treasurer Zambrano

Mayor Elliott called the meeting to order at 8:05 p.m.  Everyone joined in the Pledge of Allegiance.

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

                General Fund                    $ 67,124.81  
                Water Fund      5,662.91                                
                Capital Accounts         33,195.49
        Trust & Agency       360.00             

Mayor Elliott opened the Public Hearing to consider Local Law Introductory #6 of 2004, updating the Zoning Chapter of the Village Code.  

Planning Board Chairperson, Ann Gallelli, presented the background and key points relevant to the recommended changes such as the size of residences, floor area ratios, minor site plan review for new residential construction and major reconstruction; they are trying to achieve a balance.  Ms. Gallelli stated that Dan O’Connor, Village Engineer, spent a lot of time on this especially the review of the FARs and thanked him for his contribution with that.  Frank Fish, Buckhurst Fish & Jacquemart, Inc., reviewed detailed highlights of Phase 1 of the zoning code update effort. Fran Allen, Finney Farm, suggested a correction on page one of the document to put the ‘fill excavation special permit’ with the Planning Board not the Board of Appeals.  

Roger Solymosy stated that they are addressing overbuilding and disproportunate buildings and other issues that other communities are also grappling with; they did not create the issue, it is out there and they are trying to address it.  Ann Gallelli asked to keep a ten-day comment period open; comments can then be addressed by the Planning Board and discussed with the Village Board in a work session.  

Ann DiCioccio, 12 Irving Avenue, stated that there are some existing houses that look like they are overbuilt and what happens to those if this law goes into effect?  Mayor Elliott replied that they will be ‘grandfathered’ in.  Trustee Schmidt clarified that there are regulations on how high the house can be, they have to fit within the boundaries, the floor area ratio tells how big in square footage a house can be.  

No further public comments.  Mayor Elliott stated that they will accept comments for the next ten days to the 22nd; as of that date the Public Hearing will be closed; following that they will convene with various Boards to iron out any differences.  Village Manager Herbek read a memo received from Westchester County Planning Board indicating that they have reviewed this matter and are in full support of the initiative to align the mandates of the Village’s zoning regulations with the goals of the Village’s 2003 Comprehensive Plan.  Ann Gallelli added that the complete document, dated June 2004, with changes highlighted is available in the Village Office, the Library and on the Village’s web site.  Trustee Schmidt stated that the potential of the new process is that it would  put an undue burden on all new residences since it will require a site plan approval; he would like a definitive path time-wise so residential applications would not be unduly held up.  Mr. Fish replied that the Committee came up with the concept of a minor site review to address this; it does not require a Public Hearing and could be approved in one meeting.  Trustee Schmidt added that another part of the code requires looking at all houses within a 200 ft. radius;  in the hub of the Village there would be many houses but if in perhaps the Mt. Airy area, you may not have a house within the 200 ft. radius; it is a discrepancy.  Trustee Schmidt restated that he would like a maximum time line.   Mr. Solymosy replied that in reality you cannot have complete equality and parity throughout the Village; the professionals who are involved will assimilate this within the process of completion of the project.  Ann Gallelli added that under current conditions, what would have to be presented to receive a permit is basically the things that are on the list for the minor site plan; the number of things that are possibly required are to be determined by the Village Engineer which is exactly what he would determine if one was only getting a building permit for a new house; there are some new additions, and in certain cases, based on the Engineer’s decision  there will be a Board reviewing it not just the engineer, but the basic information is virtually the same.  Mayor Elliott closed the Public Hearing as of October 22, 2004.

Village Manager Herbek read the following correspondence (full text available at the Village Office):
A letter from Anthony Amato, Green Power Partnership thanking the Village for becoming a member of the Green Power Partnership.
A letter from Mark Duncan, Recreation Supervisor, requesting permission to hold the Annual Goblin Walk on October 30th.  Trustee Schmidt made a motion to approve the request, with the usual caveats; seconded by Trustee Grant, approved unanimously.
A letter from Christopher Walsh, Quaker Bridge Rd., expressing his appreciation for the Village hiring a Park Ranger for Black Rock Park this summer and the illumination at the bath house.  He, his family and neighbors appreciate the added security and peacefulness and look forward to the program continuing next summer.
A letter from JoAnn Fannon, Chair, Community Blood Program, announcing the scheduling of their 69th Community blood drive for Sunday, December 5, 2004 from 9:00 am to 3:00 pm at Croton-Harmon High School.
A letter from Susan Menz, Superintendent of Recreation, stating that after discussion on the issue of a dog park in Croton, the Recreation Advisory Committee does not wish to consider constructing a dog park in any Village Park.  They feel the priorities should be for fields for residents at this time and money towards a community center.
A letter from Michael McCormack, NYS Office for technology, regarding a DGEIS for the statewide Wireless Network; the entire impact statement will be available for review at a location in each county; the DGEIS is also available at; written comments will be received and considered by OFT from October 1, 2004 through November 30, 2004; sixteen public hearings will be held.

CITIZEN PARTICIPATION-Agenda Items – no speakers

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

WHEREAS, the Board of Trustees meeting dates were adopted at the Organizational Meeting of April 7, 2004; and

WHEREAS, the first meeting in January can be rescheduled to the first Monday, as there is no conflict with a holiday;

NOW, THEREFORE BE IT RESOLVED:   that the first meeting in January will be changed to Monday, January 3, 2005.

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

WHEREAS, the Village does not have space to store and compost its leaves; and

WHEREAS, it is necessary to truck the leaves out to a transfer station; and

WHEREAS, the Village of Ossining owns a facility known as the Old Highway Garage on Water Street where it stores its own organic waste; and

WHEREAS, the Village of Ossining will allow the Village to deposit its collected organic yard waste at the Old Highway Garage at a cost of $19 per ton,

NOW, THEREFORE BE IT RESOLVED:  that the Village Manager is hereby authorized to sign the agreement with the Village of Ossining for the storing of its leaves at a cost to the Village of $19 per ton.


a)      Richard Pellicci, 65 Radnor Ave., gave the Board facts about the MetroEnviro operation; he stated that voting to renew their permit has the potential to bury the Village in debris.  He asked if the Board can tell when a decision will be made.  Mayor Elliott replied that the Board is digesting the information and in the not too distant future, the Board will decide what it wants to do.

b)      Maria Cudequest, 84 Grand St., stated that trucks do not use Rt. 9 only; they are also not all going to the Peekskill Incinerator which is not approved to accept C&D; it is a fair assumption that Connecticut trucks with C&D are MetroEnviro clients; many Suburban Carting trucks coming into the Village are MetroEnviro customers; Croton residents have a strong handle on who MetroEnviro customers are; they have a list of companies coming and going in the Village.  Ms. Cudequest added that daily tonnage of Karta is roughly half of MetroEnviro.  Ms. Cudequest stated that the Appellate court will not delay indefinitely Allied’s request for further appeal; therefore, what is the Board’s deadline?  Village Attorney Waldman replied that Mr. Gerrard did not ask the Court to delay and his recollection is there is no time limit; either side can end the delay by simply advising the Court; it is a delay until either side makes a decision or until the court makes a decision on its own; it is not a fixed time.  Ms. Cudequest asked in what form was the request made.  Village Attorney replied that there is no physical document.  Ms. Cudequest asked if this vote will take place by the end of the year.  She added that she would appreciate at least two weeks notice and asked the Board not make a decision during the holiday season.
Trustee Grant made a motion to approve the minutes of the Regular Board Meeting held on September 27, 2004 as corrected.  Trustee Schmidt seconded the motion.  The Board voted unanimous approval.

Village Manager Herbek reported that yesterday the Village closed on the purchase of the Merrill property adjacent to the Village’s well fields; Ms. Merrill will be allowed, under the terms of the agreed to reside on the property for up to 18 months.

Trustee Wiegman reported that the Croton Council for the Arts is sponsoring the Croton Film Festival; for more information, log on to .

Trustee Kane reported that the MetroNorth annual open house will be held on Saturday; parking is available in the Village parking lot with shuttle buses available; they are expecting 5000 people.

Trustee Schmidt reported that the daffodil planting is scheduled for Saturday; also the Harry Chapin Run will be held on Sunday.

Trustee Grant reported that the hydrogeologic assessment study findings came back; it upholds that the Village’s water wells are not under the direct influence of surface water.   Village Manager Herbek added that this report will go to the County Health Department and possibly the State Health Dept.; he will update the Board on the status of the process.

Trustee Wiegman made a motion to adjourn.  Trustee Kane seconded the motion; approved unanimously.  The meeting was adjourned at 9:30 p.m.

Respectfully submitted,

Phyllis A. Bradbury, Secretary

Village Clerk