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Village Board of Trustees Minutes 10/06/2014
                                        Board of Trustees
                                                        Village of Tarrytown
                                                        Regular Meeting No. 16
                                                        October 6, 2014
                                                        8:00 p.m.

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

The meeting began with the Pledge to the Flag.

REPORTS

Mayor Fixell noted that the Village of Tarrytown will hold a Ground Breaking Ceremony for the new Swimming Pool and Recreation Facility on Friday, October 10, 2014 at 9 a.m.
Guests will gather by the front door of the old Recreation Department Building.

Trustee McGee noted the following:

  • The Warner Library held a Haunted Halloween Mini-Golf event on Saturday, September 27th.   The Mayor of Sleepy Hollow, Ken Wray and Tarrytown Trustee, Becky McGovern competed in the Haunted Halloween Mini-Golf tournament, called “Tarry Hollow.”  Trustee McGee was happy to report that Trustee McGovern won the tournament and was presented a trophy.  
  • On Saturday and Sunday, October 18 and 19th, the Warner Library will hold its Fall Book Sale from 10 a.m. to 5 p.m. (rain or shine).   Come out and support our library.
Trustee Hoyt reported on the following October Community Events:

  • Scarecrow Making this Saturday, October 11th at 10:30 a.m. at Patriots Park.  Come make your own scarecrow.  
  • Halloween Window Painting – Wednesday, October 15th between 3:30 and 5:30 p.m. on Broadway – For children in grades 2 to 5.
  • Rag-a-Muffin Parade – Saturday, October 18th at 2 p.m. at Patriots Park – Open to all ages
  • 13th Annual Halloween Parade – Saturday, October 25th at 5:30 p.m. Participants will assemble in Patriots Park at 4:30 p.m.  Following the parade, there will be a “block party” on Main Street.  
Trustee Hoyt thanked the sponsors for these events, which include the Chamber of Commerce, the Ex-Fire Chiefs Association and the Recreation Department.
Trustee Butler noted that the 7th Annual Eco Fair, sponsored by the Westchester Community Foundation, will be held on October 11, 2014 from 10 a.m. to 2 p.m. at Patriots Park.  This is an outing perfect for the whole family which will include demonstrations and presentations, green home ideas, education and information and food & live music from Solar Punch.

ADMINISTRATORS REPORT

  • The road repaving project began today with the milling of Neperan Road, starting east of the skate shack to just west of Sunnyside Lane.  There is a message board noting this work on Neperan Road at Tower Hill Road.  In addition, Midland Avenue from Ridgewood Terrace to the end and Crest Drive from Midland Avenue to Gunpowder Lane were also scheduled for milling today.  Tomorrow, North Washington Street from Central Avenue to Wildey Street will be milled, as well as Kaldenberg Place and Main Street from Cortlandt Street to Windle Park.  North Washington Street, Kaldenberg Place and Main Street will be paved on October 8.  Crest Drive, Midland Avenue and Neperan Road will be paved on October 9.  
  • Tree trimming - Bartlett Tree Company will begin the tree trimming work on Main Street and North Broadway on Monday, October 13.
PUBLIC HEARING – AMENDMENT EXTENDING MORATORIUM ON DEVELOPMENT IN HISTORIC COMMONS HC ZONE (adopted)

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

PLEASE TAKE NOTICE that the Board of Trustees of the Village of Tarrytown will hold a public hearing on the 6th day of October, 2014, in the Municipal Building,  One Depot Plaza, Tarrytown, New York, at  8P.M. to hear and consider a Local Law to make  amendments to the Code of the Village of Tarrytown by adding a new Chapter, to be entitled Moratorium on Development in the Historic Commons HC Zone Extension of the Village of Tarrytown, which will provide a brief period for the Village to analyze adequately and thoroughly research the current zoning code  and adopt and/or enact laws which will reasonably and rationally complement Chapter  305-28 entitled "Historic Commons HC Zone" originally adopted in 2001. A summary of the legislation is available at Village Hall.  The complete text of this legislation follows:

A LOCAL LAW to amend the Code of the Village of Tarrytown by adding a new Chapter to be entitled Moratorium on Development in the Historic Commons HC Zone Extension of the Village of Tarrytown, which will provide a brief period for the Village to analyze adequately and thoroughly research the current zoning code and adopt and/or enact laws which will reasonably and rationally complement Chapter 305-28 entitled "Historic Commons HC zone".

SECTION 1.  LEGISLATIVE INTENT AND FINDINGS OF FACT.

A.      Findings of Fact.

The Board of Trustees of the Village of Tarrytown adopted Chapter 305-38 entitled "Historic Commons HC Zone” in 2001.

The Board of Trustees has been informed that the requirements of the Historic Commons HC Zone are not clear and the language of the Zoning Code as it applies to the Historic Commons HC Zone provides minimal guidance as to the developmental potential, or lack thereof, of property found within the Historic Commons HC Zone. Examples of some of the issues brought to the attention of the Board of Trustees are as follows:

[i] The sole permitted use without obtaining a "Compatible Use Permit" is a single family residence. However the code section lists "Permitted Accessory Uses" as 1) Public restaurant; 2) Recreation facilities; 3) Parking lots; 4) Tennis courts; 5) Swimming pools; and 6) Accessory private garage space. The only accessory uses that are valid accessory uses to single family residence are items 4, 5 and 6.

[ii] The Historic Commons HC Zone establishes the minimum lot area for "permitted uses" as 5 acres. It is not clear whether 5 acres is the intended minimum lot area for the uses that are subject to a compatible use permit.

[iii] The Historic Commons HC Zone list 8 uses that can be developed on the site and require the issuance of a compatible use permit.

[iv] There is an issue as to whether a developer can create a mixed use on the site, providing a number of the uses subject to a compatible use permit on the site.

Therefore, a temporary moratorium of all development within the Historic Commons HC Zone except for single family houses is necessary pending review of the zoning code.

B.      Legislative Intent.

The intent of this Moratorium is to provide a brief period of time wherein the Village Board of Trustees can review the entire zoning code and adopt and/or enact laws necessary to reasonably and rationally complement Chapter 305-38 "Historic Commons HC Zone”. It is the intention of the Board of Trustees of the Village of Tarrytown to analyze within the designated moratorium period the current zoning code and if necessary adopt any resolution and or enact any local law to ensure that any development within the Historic Commons HC Zone is consistent with the intent of Chapter 305-38 "Historic Commons HC Zone" and the health, safety and general welfare of the current and future residents of Tarrytown.  These actions are to be taken pursuant to the Board’s power to protect and enhance the Village’s physical environment and to protect the well-being of persons or property within the Village.  A public hearing on the Zoning Code amendment was conducted on December 2, 2013 which was continued, at the request of one of the property owners to December 16, 2013.  The public hearing was again continued at the request of the same property owner to January 6, 2014, at which time a six page response to the proposed legislation was submitted to the Board of Trustees for consideration.  The Board of Trustees has continued the public hearing on February 3, 2014, February 18, 2014, March 3, 2014, March 17, 2014; April 7, 2014, April 21, 2014, May 5, 2014, May 19, 2014, June 16, 2014, July 21, 2014, August 18, 2014, September 2, 2014 and September 15, 2014.  Since a period of time will be necessary to reenable the Board of Trustees to continue its review of the response from the said property owner and other interested parties who either submitted documents or spoke at a public hearing, as well as consider input from the Planning Board and the Village Planner,  the Board does hereby adopt a temporary moratorium on the following to accomplish these actions:

[1] Construction of any new structure – except single family residential homes -  within the Historic Commons HC Zone of the Village of Tarrytown.

SECTION 2.  SCOPE OF CONTROLS

During the effective period of this law as provided in Section 8 below, the Building Inspector of the Village of Tarrytown shall not issue any building permit upon an application which would result in the following:

[1] Construction of any new structure – except single family residential homes -  within the Historic Commons HC Zone of the Village of Tarrytown,

in the area of application as set forth in Section 4 below. Furthermore, during the effective period of this law as provided in Section 8 below, the Planning Board, the Architectural Review Board nor the Zoning Board of Appeals will approve any application which would result in the circumstances enumerated above in the area of application as set forth in Section 4 below.

SECTION 3.  PENALTIES

Any person, firm, entity or corporation that shall violate any of the provisions of this local law shall be subject to penalties as otherwise provided by law or ordinance of the Village of Tarrytown for violation of the provisions of a local law, and shall be subject to injunctive relief for actions which may have taken place in violation of this local law.

SECTION 4.  APPLICATION

This law shall apply to all real property within the Historic Commons HC Zone of the Village of Tarrytown and to the following R-40 parcels:  Tax Map Identification 1.221-129-1; 1.26-134-5 and 1.26-134-7.

SECTION 5.  VALIDITY

The invalidity of any word, section, clause, paragraph, sentence, part or provision of this local law shall not affect the validity of any other part of this local law which can be given effect without such invalid part or parts.

SECTION 6.  SUPERSEDING OTHER LAWS

A.  All ordinances or local laws or parts thereof in conflict with the provisions of this local law are hereby suspended or superseded to the extent necessary to give this local law full force and effect during the effective period.

B.  During the duration of this law, it shall supersede inconsistent provisions of the New York State Village Law, including but not limited to sections 7-706, 7-712-a, 7-712-b, 7-718, 7-725-a, 7-725-b, 7-728, and 7-730.

SECTION 7.  HARDSHIP

A.  The Board of Trustees shall have the power to vary or modify the application of any provision of this local law upon its determination, in its absolute legislative discretion, that such variance from strict compliance with this local law will not be detrimental to the Village’s physical and/or visual environment or the well-being of persons or property within the Village and upon finding that the application of the provisions of this local law to a specific property will cause unnecessary hardship and that such hardship is unique to that specific property.

B.  Upon receiving written application for such variance, the Board of Trustees shall hold a public hearing within forty five (45) days of the receipt of such application.  Within thirty (30) days of the close of the public hearing the Board shall render a written decision either granting or denying the application.  If the Board of Trustees determines that the strict application of this local law creates unnecessary hardship to the particular property, then the Board of Trustees shall vary the application of this local law to the minimum extent necessary.  The granting of an appeal for relief by the Village Board of Trustees shall authorize and permit the Planning Board, Zoning Board, Architectural Review Board and/or Building Inspector to accept, review, consider and/or otherwise act.

C.  Pursuant to Article 78 of the Civil Practice Laws and Rules, any party aggrieved by the determination of the Board of Trustees on an application for a variance may appeal said decision to the Supreme Court, State of New York, within thirty (30) days of the filing of said decision in the office of the Village Clerk.

SECTION 8.  EFFECTIVE DATE

This local law shall take effect immediately, as provided by law, and shall remain in force until November 17, 2014, unless extended by local 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

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

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

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 does hereby amend the Code of the Village of Tarrytown, Chapter 305-78 Zoning, entitled “Moratorium on Development in the Historic Commons HC Zone” by extending the moratorium to November 17, 2014.

WHEREAS, a public hearing was held for the proposed action on October 6, 2014; and

WHEREAS, a notice of public hearing was published in the Journal News on October 3, 2014; 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), this action is a Type II action pursuant to SEQRA and is thereby exempt.

NOW, THEREFORE, BE IT FURTHER RESOLVED that the Board of Trustees of the Village of Tarrytown hereby adopts Local Law No. 8 of 2014.

CONTINUATION OF A PUBLIC HEARING – HISTORIC COMMONS DISTRICT HC ZONE – Continued to October 20, 2014

Trustee Basher moved, seconded by Trustee Butler and unanimously carried, that the continuation of the new public hearing on the Historic Commons District HC Zone be opened.
Mayor Fixell questioned whether anyone wished to address the Board on this matter.  No one appeared.

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

BE IT RESOLVED that the proposed amendment to the Zoning code of the Village of Tarrytown, Subsection 305-38 H.(1)(c), which currently states “Identify whether or not there are any visually similar projects within three miles of the proposed project” be amended to state, “Identify whether or not there are any visually similar projects within the Historic Commons District”.

BE IT FURTHER RESOLVED that the Board of Trustees of the Village of Tarrytown does hereby continue the public hearing to the next regular Board meeting on October 20, 2014.

CONTINUATION OF A PUBLIC HEARING – ZONING MAP – Continued to October 20, 2014

Trustee Basher  moved, seconded by Trustee McGovern and unanimously carried, that the continuation of the public hearing on the Zoning Map be opened.
Mayor Fixell questioned whether anyone wished to address the Board on this matter.  No one appeared.

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

BE IT FURTHER RESOLVED that the Board of Trustees of the Village of Tarrytown does hereby continue the public hearing on the Zoning Map to the next regular Board meeting on October 20, 2014.

CONTINUATION OF A PUBLIC HEARING – COMPREHENSIVE PLAN – Continued to October 20, 2014

Trustee Basher moved, seconded by Trustee Butler and unanimously carried, that the continuation of the public hearing on the Comprehensive Plan be opened.

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

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

BE IT FURTHER RESOLVED that the Board of Trustees of the Village of Tarrytown does hereby continue the public hearing on the Comprehensive Plan to the next regular Board meeting on October 20, 2014.

OPPORTUNITY FOR THE PUBLIC TO ADDRESS THE BOARD ONLY ON AGENDA ITEMS.  SPEAKERS SHALL HAVE THREE (3) MINUTES TO ADDRESS THE BOARD OF TRUSTEES

Mayor Fixell asked if anyone wanted to address the Board on agenda items. No one appeared.

DESIGNATION OF CODE ENFORCEMENT OFFICER

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

WHEREAS, on December 2, 2013 the Board of Trustees adopted a resolution designating certain Village employees as Code Enforcement Officers for the Village of Tarrytown; and

WHEREAS, since that date, one of the employees so designated has retired and a new employee has been promoted to the position associated with one of the Code Enforcement Officer’s designation; and

WHEREAS, the resolution designating the Code Enforcement Officers did not state specifically what occurs upon the separation from employment from the Village of an employee who was designated as a Code Enforcement Officer; and

WHEREAS, it is necessary for the Board of Trustees to act to designate the new employee as a Code Enforcement Officer.

NOW THEREFORE, BE IT RESOLVED that Louis J. Tucci is hereby designated as a Code Enforcement Officer for the Village of Tarrytown.

BE IT FURTHER RESOLVED that upon separation of employment from the Village of Tarrytown, a person designated by the Board of Trustees as a Code Enforcement Officer shall no longer be a Code Enforcement Officer for the Village of Tarrytown.

FIRE DEPARTMENT MEMBERSHIP CHANGES

Trustee Zollo 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 does hereby approve the following Fire Department membership changes recommended at the September 18, 2014 Board of Fire Wardens meeting:   Membership: Ryan Nyarady, Ellen Nyarady, Dennis Barbelet, Steven Brady, Michael Campbell, Bernhard Koenig and Michael McGee have been dropped from active membership at Washington Engine.  

APPOINTMENT OF MEMBERS OF THE ENVIRONMENTAL ADVISORY COUNCIL

Trustee Basher moved, seconded by Trustee Butler, 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 does hereby appoint Barbara Goodman-Barnett and Joseph Nevins as members of the Environmental Advisory Council for terms to expire in April of 2016.

FRIENDS OF WILSON PARK

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

WHEREAS, a group of concerned residents is interested in creating an entity to be known as the Friends of Wilson Park; and

WHEREAS, the group of residents who reside near the open space area purchased by the Village in the Wilson Park area are interested in partnering with the Village to assist the Village in the ongoing maintenance of the open space and the costs associated therewith, including special projects associated with the open space; and

WHEREAS, the Friends of Wilson Park envision working with the Friends of Westchester County Parks and utilizing that organizations not-for-profit status for fundraising purposes; and

WHEREAS, the Friends of RiverWalk Park is a model within the Village that utilized the status of the Friends of Westchester County Parks and can be replicated by the Friends of Wilson Park; and

WHEREAS, the Board of Trustees believes that there is a tremendous value to the Village for volunteer groups to provide assistance to Village staff in the ongoing maintenance of Village parks and open space.

NOW THEREFORE, BE IT RESOLVED that the Board of Trustees does hereby recognize and acknowledge the work that is proposed and will be performed in the open space in Wilson Park by the Friends of Wilson Park.

AGREEMENT WITH RIVERTOWNS VILLAGE GREEN INC. – FARMERS MARKET

Trustee Hoyt moved, seconded by Trustee McGee, 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 does hereby authorize and direct the Village Administrator to execute the operating plan of Rivertowns Village Green Inc. (“RVG”), a New York not-for-profit corporation for operation of a farmers market on Saturdays from Memorial Day weekend through the weekend before Thanksgiving at Patriots Park for the 2015 season.

DEPARTMENT OF STATE CONTRACT FOR RIVERWALK EXTENSION

Trustee McGovern moved, seconded by Trustee Butler, 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 does hereby authorize and direct the Village Administrator to execute a contract with New York State Department of State, which shall provide for funding for the design and construction of the extension of the RiverWalk in Losee Park.

EASTVIEW PUMP STATION – PHASE II ENVIRONMENTAL AUDIT

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 does hereby authorize and direct the Village Administrator to execute an agreement for professional services with Barton & Loguidice, Newburgh, New York, to conduct a Phase II Environmental Audit for the Eastview Pumping Station per their proposal of $16,145.00.

AGREEMENT – WORKERS COMPENSATION INSURANCE – PERMA

Trustee McGovern moved, seconded by Trustee Zollo, 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 does hereby authorize and direct the Village Administrator to execute an amended agreement with Public Employers Risk Management Associates, Inc. (PERMA) for Workers’ Compensation insurance coverage.

TAX CERTIORARIS – 455 HOSPITALITY, LLC/DOUBLETREE

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

BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown does hereby approve the settlement of the tax certiorari case with 455 Hospitality, LLC/DoubleTree, 455 South Broadway as outlined in the Village Attorney’s memorandum dated September 24, 2014; and

BE IT FURTHER RESOLVED that the Board of Trustees may fund this tax certiorari from a future financing resolution.

SCHEDULE A PUBLIC HEARING – CHAPTER 281: TREES

Trustee Hoyt moved, seconded by Trustee McGee, 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 does hereby schedule a Public Hearing for the regular meeting of October 20, 2014, to hear and discuss and act upon a proposed amendment to the Code of the Village of Tarrytown, Chapter 281 entitled “Trees,” for the purpose to rescind the existing Chapter 281: Trees and to adopt a new Chapter 281: Trees.

APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF THE BOARD OF TRUSTEES HELD ON SEPTEMBER 15, 2014    

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 does hereby approve the minutes of the regular meeting of the Board of Trustees held on September 15, 2014 as submitted by the Village Clerk.        

APPROVAL OF THE MINUTES OF THE SPECIAL MEETING OF THE BOARD OF TRUSTEES HELD ON SEPTEMBER 18, 2014      

Trustee McGovern moved, seconded by Trustee McGee, that the following resolution be approved.  Motion carried, all voting “aye” with the exception of Trustee Butler who abstained.   Approved: 6-0
                       
BE IT RESOLVED that the Board of Trustees of the Village of Tarrytown does hereby approve the minutes of the special meeting of the Board of Trustees held on September 18, 2014 as submitted by the Village Administrator.

APPROVAL OF AUDITED VOUCHERS

Trustee McGovern moved, seconded by Trustee Basher, 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 does hereby approve Abstract No. 6 of Audited Vouchers to be paid in the following amounts:

        General         $     547,813.61        
        Water                                          260,199.77       
        Sewer Fund                         2,790.00             
        Capital                157,479.68               
        Library                  17,141.38                           
        Trust & Agency                 10,648.94                
        Total                       $     996,073.38

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 asked whether anyone wished to address the Board on any matter.  No one appeared.

ADJOURNMENT

Trustee Hoyt moved, seconded by Trustee Basher, and unanimously carried, that the meeting be adjourned at 8:17 p.m.


Carol A. Booth
Village Clerk