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Village Board of Trustees Minutes 11/03/2008




                                        Board of Trustees
                                                        Village of Tarrytown
                                                        Regular Meeting No. 20
                                                        November 3, 2008 8:00 p.m.

PRESENT:  Mayor Fixell presiding; Trustees Basher, Butler, Hoyt, McGee, McGovern and Zollo; Village Administrator Blau; Village Treasurer Hart; Village Attorney Shumejda; and Village Clerk Booth

The meeting began with the Pledge to the Flag.

REPORTS

Mayor Fixell reminded everyone that tomorrow is Election Day and the Polls will be open from 6 a.m. to 9 p.m.  

Trustee Basher stated that he apologizes that tonight’s board meeting did not go out live on Verizon Channel 28.  Apparently Verizon was experiencing technical difficulty at this time.  We were on board with Verizon to go out live tonight as we did last Monday night for the Planning Board meeting.   We will get on this first thing tomorrow to resolve the problem and make sure that our second meeting in November is a live broadcast.  We will also continue to get Cablevision on board soon to provide live broadcast as well.
        
Trustee Hoyt stated that the Annual Pilgrim Run, our four-mile road race, will be held on Sunday, November 9th at Hackley School beginning at 12 noon.  All runners should be registered by 11 a.m. on the morning of the race.  Race awards and refreshments will be available.  Trustee Basher stated that he would like to congratulate Jay Duggan, a Tarrytown resident, who ran in the New York City Marathon with a finish time of 3 hours and 15 seconds, which is an incredible lead status accomplishment.

CONTINUATION OF A PUBLIC HEARING TO AMEND CHAPTER 215 OF THE CODE OF THE VILLAGE OF TARRYTOWN ENTITLED “NOISE” BY AMENDING CHAPTER 215-2-E ENTITLED “DELIVERIES AND PICKUPS” (adopted)

Trustee Basher moved, seconded by Trustee Zollo and unanimously carried that the public hearing be opened.

PLEASE TAKE NOTICE that the Board of Trustees of the Village of Tarrytown will hold a public hearing on the 20th day of October, 2008, at 8 P.M. in the Municipal Building, One Depot Plaza, Tarrytown, New York 10591, to hear, discuss and to act upon a proposed amendment to Chapter §215 entitled "Noise" and specifically §215-2 E. entitled "Unlawful acts" of the Tarrytown Code The complete text of this legislation follows:

A LOCAL LAW to amend Chapter §215 entitled "Noise" and specifically §215-2 E. of the Tarrytown Code entitled "Unlawful acts."

SECTION 1.  LEGISLATIVE INTENT AND FINDINGS OF FACT.

A.      Findings of Fact.

The Board of Trustees of the Village finds that it is necessary to amend the time mandated for deliveries in order to relieve local businesses of the hardship caused due to the current restriction which does not permit any deliveries before 8:30 a.m.

B.      Legislative Intent.

The intent of this amendment is to modify the time permitted for deliveries from 8:30 a.m. to 9:00 p.m. as it currently exists to, 7:00 a.m. to 9:00 p.m. in order to relieve the hardship to some businesses in the Village.

Material to be deleted appears in (parenthesis), material to be added is in bold typeface.

SECTION 2. Amendment to Chapter §215 entitled "Noise" and specifically §215-2 E. of the Tarrytown Code entitled "Unlawful acts."

§215-2 E. of the Tarrytown Code entitled "Unlawful acts."


E.
Deliveries and pickups: the making of deliveries of supplies or merchandise of any store or other place of business between the hours of 9:00 p.m. and 7:00 (8:30) a.m., Monday through Saturday, and all day Sunday, except in cases of emergencies.
No further changes to Section

SECTION 4.  EFFECTIVE DATE

This local law shall take effect immediately, as provided by law.

All interested parties are invited to attend and be heard.  Access to the meeting room is available to the elderly and the handicapped.  Signing is available for the hearing-impaired; a request must be made to the Village Clerk at least five days in advance of the meeting.

BY ORDER OF THE BOARD OF TRUSTEES
OF THE VILLAGE OF TARRYTOWN

Scott Croft, 5 Linden Place, asked the Board if this law pertains to construction equipment deliveries and Attorney Shumejda stated that this law addresses stores and retail deliveries only.

Leonard Cardillo, Bridge Street, asked the Board if this law pertains to construction equipment deliveries, in particular AIP Recycling.  Attorney Shumejda stated that this law only pertains to merchant deliveries and pickups and construction equipment is addressed under the noise ordinance under a different section of the law.

Trustee McGovern moved, seconded by Trustee Hoyt, and unanimously carried that the public hearing be closed.

Trustee Zollo moved, seconded by Trustee McGee, and unanimously carried that the following be approved:  Approved:  7-0

WHEREAS, the Board of Trustees of the Village of Tarrytown hereby amends Chapter 215 of the Code of the Village of Tarrytown “Noise” by amending Chapter 215-2-E entitled, “Deliveries and pickups,” and

WHEREAS, the intent of this amendment is to modify the time permitted for deliveries from 8:30 a.m. to 9:00 p.m. as it currently exists to 7:00 a.m. to 9:00 p.m.; and

WHEREAS, a public hearing was held for the proposed action on October 20, 2008 and continued on November 3, 2008; and

WHEREAS, a notice of public hearing was published in the Journal News on October 11, 2008; and

WHEREAS, the Board of Trustees of the Village of Tarrytown is the only agency which has approval authority over the Proposed Action, and is therefore the Lead Agency for the Proposed Action

NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:

In accordance with Article 8 of the State Environmental Conservation Law and 6NYCRR Part 617, including without limitations the criteria set forth in 6 NYCRR Part 617.7(c) and based upon review of the Environmental Assessment Form and all other materials that were prepared for the Proposed Action, the Village Board of Trustees hereby determines that Proposed Action will not have a significant adverse impact on the environment, and hereby adopts a Negative Declaration.

BE IT FURTHER RESOLVED that the Board of Trustees of the Village of Tarrytown hereby adopts Local Law No. 17 of 2008.

PUBLIC HEARING TO AMEND CHAPTER 305, THE ZONING CODE OF THE VILLAGE OF TARRYTOWN

Trustee Basher moved, seconded by Trustee Hoyt and unanimously carried that the public hearing be opened.
PLEASE TAKE NOTICE that the Board of Trustees of the Village of Tarrytown will hold a public hearing on the 3rd day of November 2008, at 8 PM, in the Municipal Building, 1 Depot Plaza, Tarrytown, New York 10591, to hear, discuss and to act upon proposed amendments to the Code of the Village of Tarrytown. The complete text of the amendments is available at Village Hall, the library and on the Village’s Web site. A summary of this legislation follows:
A LOCAL LAW to amend the Code of the Village of Tarrytown to make a series of administrative, procedural and other revisions.

SECTION 1.  LEGISLATIVE INTENT AND FINDINGS OF FACT.

A.      Findings of Fact.

The Board of Trustees of the Village of Tarrytown finds a need to update Chapter 305 (Zoning) of the Village Code to bring the Code up to date, address unclear or conflicting procedures and make the code generally easier to use by the public and Village officials. The Tarrytown Comprehensive Plan adopted by the Board of Trustees in 2007 recommended a number of revisions to the zoning code to implement the Plan’s elements. Several key sections of Chapter 305 were updated in late 2007, to cap floor areas by residential zone, factor in exposed basements into floor area and introduce impervious surface limits. A general revision and update of the entire chapter of the Village Code is the next step in this process.

B.      Legislative Intent.

The Village Board of Trustees is proposing revisions to Chapter 305 (Zoning) of the Village Code to address obsolete, confusing, conflicting or redundant language, and to make the code easier to interpret and understand. The revisions may generally be grouped into the following categories: structural changes, administrative revisions and minor substantive issues.  

Because the revisions occur throughout Chapter 305 and are predominantly minor, the full text of the proposed Code amendments is not reproduced here. The complete text of the amendments is available at Village Hall and the library; a summary of the legislation follows:

SECTION 2.  Amendments to Chapter 305 (Zoning) of the Tarrytown Village Code.

  • Structural Changes
  • Chapter 305 reorganized to address each zoning district in individual sections, allowing the provisions and requirements of each district to be clearly specified within the text of the Code. Previous Article IV, Regulations Applicable to Specific Districts, eliminated. There remains a separate article, Regulations Applicable to All Districts, to cover standards that apply to all zoning districts.
  • Zoning definitions (previously §305-63) moved to the beginning of Chapter 305. Definitions specific to certain sections (i.e. Floor Area Ratios Cap, Wireless Telecommunications Services Facilities) added to overall Chapter 305 definitions, so that all definitions are in one place. Section-specific definitions repeated in their appropriate sections.
  • New Environmental Regulations article created to include environment-related elements of the existing code (§305-12 and §305-22). Future code revisions related to the environment may be included in this article.
  • New Site Development Plan Review article created to include relevant sections previously contained in the Administration and Enforcement article (§305-51.1, §305-30.5, §305-52, §305-54, §305-55, §305-56, §305-57, §305-58, §305-59, §305-60, §305-62). Elements from §305-52 and §305-55 moved into new, separate Plan Modifications and Public Hearings sections, respectively.
  • Floor Area Ratios Cap (previously Article X) moved to follow Article IV, Single-Family Residence Zones.
  • Miscellaneous provisions in Regulations Applicable to all Districts made into separate sections (sidewalks, courts, accessory buildings, swimming pools, etc.).
  • Gas Stations (previously §305-30.1) and Adult Entertainment Uses (previously §305-30.2) moved to Regulations Applicable to all Districts.
  • Section on Impervious Surfaces added (text from 2007 Local Law used).
  • Titles and order of some existing sections revised for clarity.
  • Administrative Revisions
  • Elimination of obsolete, redundant or confusing language and definitions and typos (examples: deletion of farm, junkyard and other obsolete definitions, “special use permit” changed to “compatible use permit” for uniformity).
  • Addition of definitions for terms that are currently referenced but not explicitly defined within the code (boarder, congregate housing, group home, lodger, vegetation, watercourse and waterway).
  • Revision of some definitions for clarity and uniformity. Example: definition of hotels revised to include all temporary overnight accommodations, with specific provisions for type of accommodation moved to appropriate sections in the Code.
  • Reduction of cross-referencing throughout the Code; in general, where a provision applies to a zoning district, the provision is specified rather than referring to another section of the Code.
  • Clarification of procedures and roles to remove inconsistencies. Example: All language regarding public hearings made uniform, Village Board of Trustees specified as the correct body certifying historic structures, not the Architectural Review Board.
  • Minor Substantive Issues
  • Deletion of provision that all areas designated as streets are zoned R-40, to conform to zoning best practices in which streets do not typically carry any zoning designation.
  • Revision to specify that, in the case of any inconsistency between the schedule of land and buildings and the Zoning Law, the most restrictive
prevails. The previous text had schedule prevailing, to be consistent with generally best practices.
  • Residential uses in OB district now prohibited, as is consistent with the Comprehensive Plan recommendations. Electric substations are also prohibited, reflecting removal of an obsolete use.
  • Changes on nonconforming buildings that do not increase the degree of nonconformity and that otherwise conform to the zoning regulations will not require a variance.
  • Certain requirements on setbacks and maximum floor area for child-care centers have been removed because they are already covered by appropriate New York State licensing agencies, and some requirements for minimum lot standards for institutional housing have been removed because they could be considered discriminatory as compared with other similar uses and are also covered by appropriate New York State licensing agencies.
  • Hotels removed as a permitted use in the GB district, to reflect existing and desired uses in that zone.
  • Additional setback requirements included for uncovered front stairs and landings and swimming pools.
  • Elimination of inconsistencies within the zoning schedules, such as those giving multiple minimum lot standards within the same district.
  • Clarification of text regarding the view of the ridgeline from the Tappan Zee Bridge and height limitations on rooftop equipment.
  • Adjustment to setbacks for driveways to reduce impervious surfaces and improve visual impacts. Elimination of requirement that the Fire and Police Departments certify all driveway grades for emergency equipment, which was not practiced.
  • Addition of provision giving the Planning Board discretion to reduce the amount of parking required to be built by up to 20% to reflect current best practices and reduce impervious surfaces. The area that would have been used for parking can be land-banked for potential future use as parking if needed.
  • Adjustment of loading requirements for nursing homes to make them uniform across all districts.
  • Several revisions made to §305-22 (previously called Wetlands, Steep Slopes, Hilltops, Ridgelines and Hillsides, now called Visual Character and Environmentally Sensitive Areas) as follows:
  • Introductory portion of this section rewritten to better convey its purpose and intent.
  • All references to “ridgelines” eliminated and replaced with “high ground,” pending development of a more accurate definition of the ridgeline in Tarrytown.  
  • All references to wetlands eliminated, as they are fully addressed in other portions of the Village Code.
  • All references to “hillsides” removed, as these are synonymous with steep slopes.
  • Definition of “hilltop” revised for clarity and greater effectiveness.
  • Detail added to portion related to vegetation, to reference Chapter 281 of the Village Code and protect screening vegetative cover.
  • Portions related to grading and grading plans moved to current §305-55. No change to the actual text.
  • Topographical bands required for slope maps revised for ease in enforcement.
  • Some elements of §305-61 moved to §305-55 for greater clarity and ease of use.
  • Revision of text regarding large parking areas to require raised planting islands to be included for each 10 spaces and specifying the landscaping and design of the islands, to strengthen the landscaping requirements for parking areas and make them easier to enforce.
SECTION 3.  EFFECTIVE DATE

This local law shall take effect 30 days after adoption.

All interested parties are invited to attend and be heard.  Access to the meeting room is available to the elderly and the handicapped. Signing is available for the hearing-impaired; a request must be made to the Village Clerk at least five days in advance of the meeting.

BY ORDER OF THE BOARD OF TRUSTEES
OF THE VILLAGE OF TARRYTOWN
                                                          
Susan Favate, BFJ Senior Planner, presented an overview of the proposed Zoning Code Update of the Village of Tarrytown, which is affixed to the official minutes of this meeting.

Mayor Fixell thanked and commended the great work and effort that was put into this very large task.  He thanked all the members of the Zoning Code Committee for all their hard work.  The committee members include David Aukland, Chair; Tom Butler, Board of Trustees Contact; Kathy D’Eufemia, Representing Village Administrator; Sally Lawrence, ZBA Chair; Edith Litt, Urban Planner; Michael McGarvey, Village Engineer; Terence Murphy, PE,~ Professional Engineer, LEED© Accredited; Joan Raiselis, Planning Board; Jeffrey Shumejda, Village Attorney; and Sam Vieira, RA, Architect.  Melissa Kaplan-Macey and Susan Favate of BFJ Planning were the professional Senior Planners on the team.   The board is planning to have the committee further address additional substantive issues of the zoning code in the near future.

Trustee Butler thanked the Zoning Code Committee for their terrific work and read an excerpt of a letter which was sent to Administrator Michael Blau from Edward Burroughs, Westchester County Planning Board Deputy Commissioner, “….. The County commends the Village for taking steps to align the Village Zoning Code with the policies identified in the local Comprehensive Plan, which also reflects many of the long-range planning goals of Westchester 2025.  The County applauds the Village’s intent to make the Zoning Code more accessible and to update the document to reflect current issues facing the community.”

Trustee Zollo moved, seconded by Trustee McGee, and unanimously carried that the public hearing be continued to the next board meeting.

OPPORTUNITY FOR THE PUBLIC TO ADDRESS THE BOARD.  SPEAKERS HAVE FIVE (5) MINUTES BEFORE YIELDING TO THE NEXT SPEAKER; THEN THREE (3) MINUTES FOR ADDITIONAL COMMENTS

Mayor Fixell questioned whether anyone wished to address the Board on any matter.  No one appeared.  

RESOLUTION DESIGNATING ELECTION DATE, OFFICES TO BE FILLED AND
TERMS AT THE MARCH 18, 2009 VILLAGE ELECTION

Trustee Zollo moved, seconded by Trustee McGee, and unanimously carried that the following be approved:  Approved:  7-0

WHEREAS, Village Elections are held on the 3rd Tuesday of March as per New York State Election Law 15, and

WHEREAS, the 3rd Tuesday of March 2009 falls on the St. Patrick’s Day holiday, and

WHEREAS, New York State Election Law, Section 15-104(a) requires that when the third Tuesday in March falls on March 17th (St. Patrick’s Day), the village Board of Trustees must adopt a resolution providing that the election will be held on March 18th.

NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Tarrytown hereby designates March 18, 2009 as the day to conduct Village elections in the Village of Tarrytown, pursuant to New York State Election Law Section 15-104(a).

NOW, THEREFORE BE IT FURTHER RESOLVED, that the Board of Trustees of the Village of Tarrytown hereby designates the following offices as vacant at the end of the current official year to be filled at the Village election on Wednesday, March 18, 2009,  for the following terms:
                        Mayor                   Two-year term
                        Trustees (3)            Two-year term each
                        
BE IT FURTHER RESOLVED that the Village Clerk is hereby directed to publish this information in the official newspaper of the Village.

AUTHORIZING THE WARNER LIBRARY HVAC SYSTEM REPLACEMENT PROJECT CHANGE ORDER #1

Trustee Basher moved, seconded by Trustee Zollo, and unanimously carried that the following be approved:  Approved:  7-0

BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown hereby authorizes change order #1 for the Warner Library HVAC System Replacement Project in the amount of $18,966.00 to include the following items:

  • replace spline ceiling tiles missing or damaged throughout the library
  • Replace ceiling tiles in the children’s area and conference room
  • Apply graffiti-proof paint in new bathroom with new hardware and molding
  • Relocate fan coil unit in foyer
  • Install lattice around fan coil unit in reading room
  • Install neutral to electrical panel for fan coil unit
  • Re-sheetrock children’s area
  • Paint reading room convectors
  • Insulate chilled water piping
  • Service call for water leak
  • Service call for broken toilet
AUTHORIZING THE MODIFICATION TO THE SHAFT 10 PUMP STATION CHANGE ORDER #1

Trustee McGovern moved, seconded by Trustee McGee, and unanimously carried that the following be approved:  Approved:  7-0

BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown hereby
authorizes change order #1 for the modification to the Shaft 10 Pump Station in the amount of $11,332.53 to include the following items:

  • furnish and install pump station door closures
  • furnish and install temporary sodium hypochlorite feed station
  • furnish and install additional valves and unions for chemical feed piping
  • furnish and install emergency shower/eye wash station
APPOINTMENT OF COURT ATTENDANT

Trustee Basher moved, seconded by Trustee Hoyt, and unanimously carried that the following be approved:  Approved:  7-0

BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown hereby appoints James G. Oliver to the position of Court Attendant, part-time, effective
October 15, 2008 at a salary of $20.00 per hour subject to all Civil Service rules and regulations.

APPOINTMENT OF SCHOOL CROSSING GUARD

Trustee Hoyt moved, seconded by Trustee Zollo, and unanimously carried that the following be approved:  Approved:  7-0

BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown hereby appoints Stephanie Scott to the position of School Crossing Guard, part-time, effective November 4, 2008 at a salary of $11.00 per hour, 20 hours per week, for the remainder of the 2008 school year subject to all Civil Service rules and regulations.

RESOLUTION – FIRE DEPARTMENT PERSONNEL CHANGES

Trustee Hoyt moved, seconded by Trustee Zollo, and unanimously carried that the following be approved:  Approved:  7-0

BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown approves the following Fire Department personnel changes recommended at the October 21, 2008 Board of Fire Wardens meeting:  Membership:  Kelly Murphy was approved to Active membership of Hope Hose Co. (transferred from Riverside Hose); Dmitriy Danilov was dropped from     out-of-town active status from Hope Hose Co.; Eddie Wiederkehr resigned from active     membership of Consolidated Engine Co.  Drivers:  Kelly Murphy was removed from the list of drivers of Riverside Hose Co.; Brian Duggan and Andrew Hofgartner were approved as drivers of Utility 61; and Ryan Nyarady, Ed Walker and Kevin Grubbs were approved as drivers for Fire Boat 5.

APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF THE BOARD OF TRUSTEES HELD ON OCTOBER 20, 2008

Trustee Basher moved, seconded by Trustee McGovern, and unanimously carried that the following be approved:  Approved:  7-0

BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown hereby approves the minutes of the regular meeting of the Board of Trustees held on October 20, 2008, as submitted by the Village Clerk.

APPROVAL OF AUDITED VOUCHERS NO. 001826 THROUGH NO. 001976

Trustee Basher moved, seconded by Trustee McGovern, and unanimously carried that the following be approved:  Approved:  7-0

BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown hereby approves the audited vouchers No. 001826 through No. 001976, is hereby ordered paid in the following amounts as presented:

                General                  $    253,438.59
                Water                                  9,376.10
                Capital                        6,081.49
                Library                        9,463.36
                Trust & Agency               27,126.62
Total                             $   305,486.16

The Board was polled all voting “aye” with the exception of Trustee McGee who abstained from Voucher Numbers 001855, 001944, 001945, 001946, and 001971 and Trustee Hoyt who abstained from Voucher Numbers 001893, 001844, 001903, and 001911.   Motion carried.  7-0

ADJOURNMENT

Trustee Zollo moved, seconded by Trustee Basher and unanimously carried, that the meeting be adjourned at 8:31 p.m.


Carol A. Booth
Village Clerk