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Village Board of Trustees Minutes 03/01/2010
Board of Trustees
Village of Tarrytown
Regular Meeting No. 31
March 1, 2010   8:00 p.m.

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

The meeting began with the Pledge to the Flag.

Reports

Mayor Fixell reported on the following:
  • Last Thursday and Friday, we had an unbelievable snowstorm in which he thanked our Public Works employees for working around the clock in very tough conditions; an enormous number of tree limbs came down, and many power outages.  He again thanked all the employees in the Village who worked very long hours to help us get through this very tough snowstorm.
  • - On Sunday, March 14th, the Saint Patrick’s Day Parade will begin at 1:30 p.m. on Main Street in front of Music Hall and will continue to Beekman Avenue.
PUBLIC HEARING - CHAPTER 305-42, WATERFRONT GENERAL BUSINESS DISTRICT WGBD REGARDING “BUILDING HEIGHT”  (adopted)

PLEASE TAKE NOTICE that the Board of Trustees of the Village of Tarrytown will hold a public hearing on the 1st day of March, 2010, at 8 PM, in the Municipal Building, One Depot Plaza, Tarrytown, New York 10591, to hear, discuss and to act upon a proposed amendment to§ 305-42.  Waterfront General Business District WGBD of the Code of the Village of Tarrytown. A summary of the legislation is available at Village Hall. The complete text of this legislation follows:

A LOCAL LAW to amend §305-42.  Waterfront General Business District WGBD of the Code of the Village of Tarrytown.

SECTION 1.  LEGISLATIVE INTENT AND FINDINGS OF FACT.

A.      Findings of Fact.
The Board of Trustees of the Village of Tarrytown has determined that amendments to the §305-42 of the Zoning Code of the Village of Tarrytown are necessary in order to increase open space in the WGBD Zoning District, to enhance the viewsheds through the WGBD Zoning District and to decrease the amount of impervious surface in the WGBD Zoning District. The proposed amendments will promote environmentally friendly development on the Tarrytown Waterfront and enhance and insure beneficial development of this resource for all the citizens of the Village of Tarrytown.
B.      Legislative Intent.
It is the intent of the Board of Trustees of the Village of Tarrytown to amend §305-42 of the Zoning Code of the Village of Tarrytown in order to provide incentives to developers of the Tarrytown Waterfront to promote development in the WGBD Zoning District that increases open space, enhances the viewsheds through the district and decreases impervious surface which will benefit all of the citizens of the Village of Tarrytown.

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

305-42. Waterfront General Business District WGBD.
The following requirements, standards and conditions apply to the WGBD Waterfront General Business District:  

A.      Minimum lot area and bulk requirements.  
(1)     Lot area: 0.35 acre for principal permitted and compatible use permit uses.  
(2)     Lot width: 150 feet for principal permitted uses; 200 feet for compatible use permit uses.  
(3)     Lot depth: 150 feet for principal permitted uses; 200 feet for compatible use permit uses, measured from the shoreline to the railroad tracks.  
(4)     Public street frontage: 125 feet, except as provided for in Subsection B below.  
(5)     Building coverage: All buildings and structures on the lot shall together cover not more than 35% of the dry land area of the lot, except as provided for in Subsection B below.  
(6)     Building height: three stories/42 feet for a flat roof and 45 feet for a pitched roof, measured from the average elevation of the site or the existing grade of the adjacent street, whichever is higher, except as provided for in Subsection B below. For townhouses, the maximum height will be 35 feet for a flat roof and 45 feet for a pitched roof. Pitched roofs must not start at over 32 feet.  
(7)     Building width: The total cumulative width of buildings, structures, fences or walls more than 30 inches in height shall not occupy more than 40% of the width of the parcel as measured along a line parallel to the adjacent street measured at the front yard, except as provided in Subsection B below.  
(8)     Front yard setback: 30 feet, except as provided for in Subsection B below.  
(9)     Rear yard setback: 30 feet, except as provided for in Subsection B below.   
(10)    Side yard setback: 30 feet, except as provided for in Subsection B below.   
(11)    Shoreline setback: 50 feet from the mean high-water mark of the Hudson River, except where the use and design of the structure requires a location with direct access to the river and involves, as an integral part of such structure, use of the water. Under no circumstances shall any non-water-dependent portion of a combined use be located within the shoreline setback of 50 feet.  
  
B.      Development incentive.  
(1)     Dimensional requirements in the WGBD District may be increased or reduced for the benefit of the applicant in accordance with the schedule below, provided that certain public benefit features are provided in accordance with Article XV in Waterfront Districts. All development incentives are subject to review and approval of the Village Board of Trustees. Any development incentives approved by the Village Board of Trustees are applicable only to the site plan application for which they have been approved. Public benefit features for which the Board of Trustees may grant development incentives, in accordance with §~305-125 of this Zoning Code, may include, but not be limited to:   
(a)     Provision of land for a waterfront esplanade/riverwalk.   
(b)     Provision of land for a waterfront park.   
(c)     Provision of public access to the waterfront.   
(d)     Preservation of view corridors to the Hudson River.   
(e)     Construction of an aquatic/recreation center at the waterfront.   
(f)     Construction of an addition to the Tarrytown Senior Citizen's Center at the waterfront.   
(g)     Construction of affordable housing units.   
(h)     Improvements to public parkland.   
(i)     Partial funding of Village Hall and other Village purposes.    
(2)     Schedule of development incentive bonuses within the WGBD District:   
(a)     Maximum public street frontage: 75 feet.   
(b)     Maximum building coverage: 55%.   
(c)     Maximum building width: 65%.   
(d)     Front yard setback: 0 feet.   
(e)     Rear yard setback: 10 feet.   
(f)     Side yard setback: 0 feet.   
(g)     Building height. (Mechanical and electrical equipment may be excluded from the calculation of maximum building height, provided that:)

[1]     Mechanical and electrical equipment may be excluded from the calculation of maximum building height, provided that:

([1])    (a) Mechanical and electrical equipment that is exposed above 42 feet must be limited to a maximum of eight feet and less than 10% of rooftop area and must be located in the center of the roof to minimize visual impacts.  
        (b) For buildings with flat roofs that are between 45 and 52 feet in height, mechanical and electrical equipment that is exposed above 52 feet must be limited to a maximum of two feet and less than 5% of rooftop area and must be located in the center of the roof to minimize visual impacts.    ([2])    All such mechanical and electrical equipment must be screened to appear as an aesthetic element consistent with building architecture. Such elements must be approved by the Planning Board and may include chimneys, cupolas, or similar        architectural features. Rooftop elements must also include extensive landscaping and vegetative cover in the form of ivy or other wall vegetation, as appropriate.

[2]     For buildings with flat roofs, additional story to five (5) and additional height that shall not exceed fifty-two (52) feet by special permit to be approved by the Village Board of Trustees.  The additional story and/or height shall not cover more than ninety percent (90%) of the roof area.  Approval of the special permit is contingent upon submission of a design report to the Trustees that shows the benefits of the proposed height increase in terms of viewsheds, building design, and open space. Any special permit granted shall be limited to the phase of work and/or portion of the site reviewed in the design report.    
(h)     Landscape buffers. For unified development projects that include multiple lots,         the Planning Board may waive the following landscape buffer requirements,       specified in §~305-63C of this Code:   
[1]     Minimum landscaped buffer 10 feet wide along street frontage.   
[2]     Minimum landscape buffer five feet wide along any boundary of a multifamily residence use, the adjacent portion of which is used for the parking of passenger vehicles or for access and turning areas.   
    
 SECTION 3.  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
                                                          
Trustee Zollo moved, seconded by Trustee Basher, and unanimously carried, that the hearing be opened.

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

Mayor Fixell asked our Planning Consultant to summarize the benefits from this zoning amendment.

Melissa Kaplan-Macey, BFJ Planning Consultant, stated the following benefits to the Phase II Ferry Landings/Hudson Harbor development:
  • With the height changes, the building scale opens up the views into the sight to a much greater extent than were previously having the lower scale buildings in front of the taller buildings.  When you are standing on the H-bridge, looking into the site, you get a much broader view into the site and of the water.
  • There is an additional 58,000 square feet of open space on the site, in addition to being beautiful and more green space, it reduces the impervious surface area, which is good for stormwater and drainage.
-       The center viewshed has been increased from 100 feet to 120 feet and the southern viewshed from 50 feet to 80 feet.  The northern viewshed stayed the same that was approved in the previous site plan.
-       The applicant is providing a public access walkway along the northern end southern viewshed to have better access to the waterfront.  
-       The applicant is also providing natural screening of the central public parking between the two waterfront buildings and public access through that parking area to the waterfront.
-       The building’s footprint has been reduced by 30,000 square feet with no additional units.

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

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

WHEREAS, the Board of Trustees of the Village of Tarrytown does hereby amend the Code of the Village of Tarrytown, Chapter 305-42, Waterfront General Business District WGBD regarding “building height” for buildings with flat roofs to increase the permitted height from 42 feet plus 8 feet for mechanic and electrical equipment to 52 feet plus 2 feet for mechanic and electrical equipment.

WHEREAS, public hearings were held for the proposed action on January 26, 2010, February 2, 2010, and March 1, 2010; and

WHEREAS, a notice of public hearing was published in the Journal News on February 17, 2010; 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.

NOW, THEREFORE, BE IT FURTHER RESOLVED that the Board of Trustees of the Village of Tarrytown hereby adopts Local Law No. 3 of 2010.

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.  

POLICY FOR NAMING OF VILLAGE STREETS

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

WHEREAS, the naming of streets throughout the Village of Tarrytown has been the responsibility of developers of individual projects with no input from the Board of Trustees; and

WHEREAS, the Board of Trustees believes that the elected body of the Village of Tarrytown should be directly involved in the process of naming streets in the Village; and

WHEREAS, the Board of Trustees believes that it is necessary to establish a policy in regards to the naming of streets which provides direction and consistency in the decision making process associated with the naming of Village streets; and
NOW THEREFORE BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown does hereby establish the following policy relating to the naming of public streets and private streets in the Village of Tarrytown.

POLICY

  • A developer shall submit a request, in letter form, to the Board of Trustees with proposed names for the streets in a new subdivision and/or any other street that has been or will be created.
  • A developer should submit three (3) proposed names for the street.  The developer shall prioritize the list of names requested.
  • The letter of request shall provide documentation as to why the developer believes that the proposed names are appropriate for the new street to be created.
  • Street names shall be sufficiently different in sound and in spelling from existing street names in the Village so as not to cause confusion.
  • A new street which is a continuation of an existing street shall bear the same name of the existing street, unless a valid reason to change the name of the street is provided by the developer and the Board of Trustees concurs with the change.
  • The Board of Trustees shall only act to name streets based upon requests submitted by developers.  The decision of the Board of Trustees to approve or disapprove the requested name(s) of a street shall be final and shall not be subject to appeal.
AGREEMENT WITH EAST-WEST FIRE APPARATUS CONSULTANTS INC.

Trustee Butler moved, seconded by Trustee Zollo, that the following be approved.  Motion carried, all voting “aye” with the exception of Trustee McGee who abstained.  Approved: 6-0

BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown does hereby authorize and direct the Village Administrator to execute a service agreement with East
West Fire Apparatus Consultants Inc. to provide assistance with the development of the specifications for a new fire apparatus for Conqueror Hook and Ladder.

PROCUREMENT POLICY MODIFICATIONS

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

WHEREAS, the Board of Trustees of the Village of Tarrytown adopted the Procurement Policy for the Village in 1991; and

WHEREAS, the Board of Trustees of the Village of Tarrytown reviews and approves the Procurement Policy annually as part of the Organizational Meeting; and

WHEREAS, the purpose of an official Procurement Policy is to clearly delineate for Village staff and the public procedures for purchase contracts, which are single purchase items such as vehicles and equipment, and public works contracts, which are projects such as building construction, road resurfacing, etc.; and

WHEREAS, the dollar limits included in the Procurement Policy in 1991 were the dollar limits established by the State of New York for procurement purposes; and

WHEREAS, the Procurement Policy was amended on March 18, 2002 to mandate that sealed bids must be circulated to at least three prospective bidders; and

WHEREAS, the New York State legislature has adopted legislation, which has been signed into law by the Governor increasing the threshold to obtain sealed bids for public works         contracts from $20,000 to $35,000, which is a modification in the State procurement laws that the New York Conference of Mayors and the Westchester Municipal Officials Association have supported for years.

NOW THEREFORE, BE IT RESOLVED that the Board of Trustees believes that increasing the   threshold for public works contracts, per New York State enabling legislation is in the best interest of the Village of Tarrytown and will improve the efficiency associated with public works contracts and will reduce costs associated with public works contracts based upon the costs      associated with sealed bids.

BE IT FURTHER RESOLVED that the following modifications to the Village of Tarrytown Procurement Policy are hereby approved:

        Clause 1.b.  Increase from “$20,000” to “$35,000”

        Clause 2.a.  Increase from “$20,000” to “$35,000”

        Clause 3  “Estimated Amount of Public Works Contract”
        Increase “from $5,000 to $19,999” to “from $5,000 to $34,999”
        Increase from $20,000 to $35,000

THIRD AMENDMENT TO THE AMENDED AND RESTATED MEMORANDUM OF AGREEMENT BETWEEN FERRY LANDINGS LLC, ET AL AND THE VILLAGE OF TARRYTOWN

Administrator Blau stated that as part of the agreement working with the developer of Ferry Landings there were certain provisions in the existing memorandum of agreement and what this new amendment does is set time frames on various requirements in that agreement.  1 – The developer will have to demolish the old Village Hall within 90 days.   2 – The developer will have to start the process of proposing the modern income housing project for the old Village Hall site in steps - Step one is submitting the proposal to the Planning Board.  Step two is once he has approvals, to start the construction.  3 – It establishes a time frame of 150 days to convey the DPW site from Ferry Landings or National Resources to the Village of Tarrytown.

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

BE IT RESOLVED 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, and

BE IT FURTHER RESOLVED that the Board of Trustees of the Village of Tarrytown hereby authorizes and directs the Mayor to execute the Third Amendment to the
Amended and Restated Memorandum of Agreement between Ferry Landings LLC, et al and the Village of Tarrytown.

SCHEDULE OF A PUBLIC HEARING

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

BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown hereby schedules a Public Hearing for the regular meeting of March15, 2010 to hear and
discuss a proposed amendment to the Code of the Village of Tarrytown, to remove Chapter 305, Zoning, Article XII entitled “Stormwater Management and Erosion and
Sediment Control” and said new Chapter and to adopt Chapter 307, Article II to be entitled “Prohibition of Illicit Discharges and Connections to Separate Storm Sewer
System” to the Code of the Village of Tarrytown.  The provisions of the Chapter 303, Article II will regulate non-stormwater discharges to the municipal separate storm
sewer system to the maximum extent practicable as required by federal and state law.

SCHEDULE A PUBLIC HEARING

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

BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown hereby schedules a Public Hearing for the regular meeting of March15, 2010 to hear and discuss a proposed amendment to the Code of the Village of Tarrytown, Chapter 125, Dogs    and Other Animals, Section 125-2. Restrictions establishing a local licensing fee for dog licenses.

APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF THE BOARD OF TRUSTEES HELD ON FEBRUARY 16, 2010

Trustee McGee moved, seconded by Trustee McGovern, and unanimously carried, that the following resolution 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 February 16, 2010, as submitted by the Village Clerk.

APPROVAL OF THE MINUTES OF THE SPECIAL MEETING OF THE BOARD OF TRUSTEES HELD ON FEBRUARY 12, 2010

Trustee McGee moved, seconded by Trustee Zollo, that the following be approved.  Motion carried, all voting “aye” with the exception of Trustees Butler and McGovern who abstained.  Approved: 5-0

BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown hereby approves the minutes of the special meeting of the Board of Trustees held on February 12, 2010 as submitted by the Village Administrator.

APPROVAL OF AUDITED VOUCHERS NO. 003168 THROUGH NO. 003295

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

BE IT RESOLVED the Board of Trustees hereby approves the Audited Vouchers No. 003168 through No. 003295 and is hereby ordered paid in the following amounts:

General                 $      403,373.04
Water                             15,463.16
Capital                         8,992.50
Library                             8,011.58
Trust & Agency                               4,682.63
      Total                        $      440,522.91

        The Board was polled all voting “aye” with the exception of Trustee McGee who obstained from Voucher Numbers 003253 and 003254.  Motion carried.  7-0

ADJOURNMENT

Trustee Basher moved, seconded by Trustee Hoyt, and unanimously carried, that the meeting be adjourned at 8:27 p.m.



Carol A. Booth
Village Clerk