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minutes 19 pages

Meeting of the Board of Trustees of the Village of Croton-on-Hudson, NY, held on Wednesday, August 21, 2024, in the Georgianna Grant Meeting Room at the Stanley Kellerhouse Municipal Building, Van Wyck Street, Croton-on-Hudson, NY 10520. Prior to the regular meeting, a motion to enter into an Executive Session to discuss the employment history of a particular individual was made by Trustee Simon. Motion was seconded by Trustee Politi and approved with a 5-0 vote. The following official was absent: 1. Mayor Pugh called the meeting to order at 7:01pm and led everyone in the pledge of allegiance. Trustee Simon made a motion to approve the following Fiscal Year Vouchers, claims numbered 24250745-24251032. The Motion was seconded by Trustee Nicholson and approved with a 5-0 Vote. 174,914.47 Water Fund 19,207.53 Sewer Fund 1,398.39 Capital Fund $201,142.98 Trust Fund $5,800.00 3. Overview of AKRF’s memo dated August 19, 2024, on the proposed 1 Croton Point Avenue development by Aaron Werner from AKRF. To view the memo, you may log onto the following: 08/e79970d90dece95fafddc61b1c872449e3bcf945.pdf Village Attorney Whitehead explained that two years ago the Village Board adopted Zoning amendments which allows for a TOD (Transit Oriented Development) of multi-family units in the LI (Light Industrial) District provided that it is within a certain distance from the train station, as well as some dimensional requirements which were put into the Code for this specific use. Village Attorney Whitehead Mayor Pugh Trustee Politi Village Manager Bryan Healy Trustee Murtaugh Village Attorney Linda Whitehead Trustee Nicholson Village Treasurer Daniel Tucker Trustee Simon Village Board of Trustees August 21, 2024 advised that the applicant has submitted a Special Permit application to the Village Board, the Village Board, as per the procedures set forth in the Village Code, has referred it to the Planning Board, and after their review, will be reporting back to the Village Board. Village Attorney Whitehead stated that in addition to the Special Permit review, the application will undergo a review under the State Environmental Quality Review Act (SEQRA), the Village has declared their intent to be Lead Agency for that review, the notice was also forwarded to the Westchester County Planning Board, the New York State Department of Transportation, the New York State Department of Environmental Conservation as well as a number of other agencies, if there are no objections, then the Board can proceed as the Lead Agency for that review. Village Attorney Whitehead advised that the application will also go before the Waterfront Advisory Committee for their review and recommendation with consistency with the Village’s Local Waterfront Revitalization Program (LWRP), and at the applicant’s expense, the Village has hired AKRF as their technical consultants to assist the Board in the review process. Trustee Simon stated that the Board has requested more information with respect to traffic, view-shed renderings, school analysis, public amenities, noise, environmental issues, as well as fiscal and economic impacts. Trustee Nicholson stated that since we do not know the status of these units we should get a fiscal analysis of the different scenarios from a tax revenue perspective that includes costs, if any, for additional emergency services. Trustee Nicholson stated that the idling rules for Metro North are different in the winter and encouraged them to do a study in the winter as opposed to the summer especially when they are choosing materials for the project. Mayor Pugh stated that he appreciates AKRF’s hypo-local study with respect to school children and not just relying on the Rutgers data, and since Maple Commons will begin to be occupied by the end of the month, we should also look at the number of school children generated from that development. Trustee Politi stated that it would also be interesting to see the number of school children generated from the Bari Manor and Grand Street Apartments. Mayor Pugh stated that we need to also take into consideration that any additional students could be incrementally distributed across the District’s three schools and asked for that data as well. Mayor Pugh indicated that school data will change depending on whether or not a commercial component is included in this development. Mayor Pugh also stated that a Balloon Test would be helpful and asked that this be arranged. August 21, 2024 Village Attorney Whitehead stated that the noise issue is not as much an environmental impact since it is not an impact on the community, but rather what the developer needs to do for their future residents. A motion to amend the Rules of Procedure to allow Mr. Bainlardi to address the Board was made by Trustee Simon. Motion was seconded by Trustee Nicholson and approved with a 5-0 vote. John Bainlardi of WBP Development stated that a Storm Water Pollution Plan was submitted to the Village Engineer which was reviewed and amended based on the Engineer’s comments, a Geotechnical investigation was conducted, they did not hit any rock to a depth of 50 feet, nor water to a depth of 35 feet, they conducted a Phase I and Phase II Environmental Assessment for both the Village parcel and the adjoining parcel, the Phase II Environment Assessment concluded that there were no soil exceedances, they performed a noise study, that study was conducted over 72 hours, and they concluded that with proper windows and exterior construction materials, interior sound levels could be brought down to the standards that are required by code. Mr. Bainlardi advised that they are prepared to do an additional traffic study, an analysis is being done with respect to the circulation of vehicles, and they are also preparing an enrollment analysis and a fiscal impact study and will have those available at the time of the Public Hearing. Trustee Murtaugh recommended using the Fire Department’s ladder truck as part of the elevation study and encouraged WBP to perform a balloon test to satisfy the concerns of residents. Trustee Murtaugh asked if WBP has had any luck with the New York State Department of Transportation coordinating with them to adjust traffic signal timing. Mr. Bainlardi stated that they have been able to work with the NYSDOT. 4. RESPONSE TO QUESTIONS SUBMITTED BY EMAIL – None 5. CORRESPONDENCE a. Letter from Karen Kuchnicki requesting the removal of the property at 36 Lounsbury Road from the Ossining Sanitary Sewer District. 08/f0e9df5a56e9cf9abebb685b74fe7e1d5d3c648d.pdf Based on the support of the Board, Village Manager Healy will prepare a resolution formalizing the Board’s support. August 21, 2024 b. Letter from Mike Grayeb, Director of the Harry Chapin Memorial Run Against Hunger regarding plans for the 2024 race. 08/a1f170f4476c91c42913eaf475164655a46a0152.pdf Resolution: On motion by Trustee Simon and seconded by Trustee Nicholson the Board of Trustees approved foregoing fees for the Harry Chapin Memorial Run Against Hunger. Motion was approved with a 5-0 vote. 6. PUBLIC COMMENTS ON AGENDA ITEMS: Tony Granger, 217 Half Moon Bay Drive, Croton on Hudson, presented the Board with a Petition with 1,086 signatures from residents of “CROTON FOR RESPONSIBLE GROWTH” demanding the Board to put a pause on all new large- scale developments. Mr. Granger stated that before the Board moves on any new development we need to see the effects on our Village from Maple Commons, 25 S. Riverside Avenue, 1380 Albany Post Road and 352 S. Riverside. Mr. Granger stated that he is concerned that we are pushing our volunteer Boards to the limits and asked the Board to turn these developments down, let them continue to do their homework and come back to the Village when the dust settles. Peter Marengo, 37 Irving Avenue, Croton on Hudson, stated that the group could have gotten many more signatures. Ed Riely, 110 Truesdale Drive, Croton on Hudson, thanked the resident leaders on their hard work in getting these signatures. Mr. Riely stated that he believes that the Board is moving on these developments not to benefit the Village but rather for the benefit of a Federal idea or more closely a State idea and asked that the Board look to protect the citizens of Croton first. Mr. Riely asked that a Moratorium be put on all large-scale projects, repeal and amend the Master Plan, conduct a Referendum to move Village elections back to March, pass a referendum forbidding the sale of Village property without a referendum of the people, repeal all Zoning that allows five story buildings, and reform our Ethics law. Ken Walsh, 26 Palmer Avenue, Croton on Hudson, asked for a one-year Moratorium on development on the LOT A and 1 Half Moon Bay properties. John McKeon, 25 Prospect Place, Croton on Hudson, stated that the LOT A property was pitched as a condominium but now it appears that it could be rental, and Village Board of Trustees August 21, 2024 believes that brings a different perspective with respect to school enrollment. Mr. McKeon explained that the RFP (Request for Proposal) involved a request for 20% affordable housing, but at the Planning Board meeting it was presented as 100% affordable but if the RFP is a specific document specifying what all parties must meet in order to be an acceptable bidder, they must adhere to the RFP. Mr. McKeon also expressed his concerns regarding the ability of a 6” water main to accommodate a high rise building and is concerned for our fire fighters, he also believes the structure is going to require water towers on the roof of the building and that the storm water drains on the property also need to be addressed. Ethan Lewis, 38, Glengary Road, Croton on Hudson, spoke in favor of a thorough investigation into the merits of 1 Croton Point Avenue and supports affordable home ownership and encouraged this development to be condominiums rather than rental apartments. This is an underused parking lot , with an adjacent office building that faces another building which is just as high and much more significant in volume then the one being proposed, he believes that residents who need additional parking can certainly rent a space at the train station parking lot, the traffic light that already exists is fully functional and should meet the requirements to mitigate traffic, the environmental fears may come from a good place but are thus far unsubstantiated, while the Village height restrictions have merit, it is essential to consider viewsheds. Mr. Lewis addressed the many housing developments over the years in Croton where these new residents are now cherished community members and asked that we let facts not fears guide us. Gordon Baptiste, 405 Half Moon Bay Drive, Croton on Hudson, stated that he attended the Planning Board meeting where the developer cited their success in Tarrytown, New Rochelle, Peekskill and White Plains, Croton is a small Village and we want to keep it a small Village yet there seems to be two visions, one of the developer’s and one of the citizens of Croton. Maria McGuire, 1 Wayne Street, Croton on Hudson, stated that she moved to Croton because it is a small, safe Village and she is concerned that this development will increase traffic in the area. Ms. McGuire stated that she is also concerned about losing her seasonal views and does not want Croton to look like a big city. Susan Skrelja, 56 Truesdale Drive, Croton on Hudson, stated that we are a small Village community and asked the Board to represent the community, these projects are not to be viewed in isolation, they are cumulative projects and need to Village Board of Trustees August 21, 2024 be scrutinized and we need to know that resident’s needs are being met, and asked for a pause on development. Gary Eisinger, 210 Cleveland Drive, Croton on Hudson, questioned whether the FAR line of site includes HVAC and utilities that are permitted on the roof, additionally there is another 3 feet of parapet that extends above that and would like to see if that has been included in that line of site diagram, as well as the possible water towers mentioned earlier. Mr. Eisinger stated that he hears the diesel trains at night and throughout the early morning hours, it is particularly worse in the winter and is concerned that these units will be very affordable because no one will want to live under the triple threat of noise pollution, light pollution and carbon emissions coming from all directions. Gregory Maher, 44 Grand Street, Croton on Hudson, encouraged the Board to move forward on an all-affordable home ownership project, an affordable home ownership project would be a game changer for many people and encouraged the developer to pursue the funding for such a project. Mr. Maher stated that he also believes that this development will help our small businesses and while he is concerned about air pollution generated by the Metro North diesel engines, he looks forward to seeing that report. Alex Skrelja, 56 Truesdale Drive, Croton on Hudson, asked when the Board will be addressing the Planning Board’s recommendations. Village Manager Healy advised that the Board has not received the official memo from the Planning Board, and we expect to discuss it at the Public Hearing. Cathy Connolly, 80 Young Avenue, Croton on Hudson, stated that she is not only opposed to this development but is extremely upset that her neighbor will be building an over 500-foot cottage on a postage stamp yard, when she expressed her concerns to the Planning Board, she was told that the Planning Board had recommended to the Village Board that ADU’s should not be allowed in Harmon, it seems like the Board does not care what happens and emphasized that the Village Board should listen to what their other Boards have to say. Ms. Connolly asked that the Board wait at least five years before approving any new projects. Erica Laudon, 124 Penfield Avenue, Croton on Hudson, believes that we have far exceeded the Governor’s housing requirements for our community, and it is imperative that the developer conduct an entirely new traffic study during the peak weekday traffic which is now Tuesday through Thursday. August 21, 2024 Michael Mamone, 19 Young Avenue, Croton on Hudson, questioned the accuracy of the number of school children, parking spaces, environmental impacts and whether the sanitary sewer will be sufficient and asked that the Board follow all of the established Village codes. Brian Cook, 52 Truesdale Drive, Croton on Hudson, stated that the report that was issued is not detailed enough, a lot of assumptions in the models was not clearly outlined, the report talked about a noise pollution test over three days, but didn’t indicate what three days because Friday, Saturday and Sunday would get different results from a Tuesday, Wednesday, Thursday, citing a Rutgers Study does not really help because we do not know the inputs that were put into the model. Mr. Cook stated that the Board should take the signatures on the Petition very seriously and be very detailed of what they are proposing so that the community understands the impacts. David Bogdam, 50 Irving Avenue, Croton on Hudson, stated that he is concerned about the increase in population, and while some of these recent developments are being sold as a place for empty nesters, not one person from Croton is moving into Maple Commons and emphasized the importance of new studies for school enrollment and traffic as well as looking at the impacts on density in certain areas in Croton. Elisa Berger, 23 Lower North Highland Place, Croton on Hudson, stated that at nine o’clock in the morning it is impossible to get to the train station and she is concerned that we will be introducing an additional 100 cars into that area, as well as the potential of adding 154 children into our schools, and is also concerned about flooding in that area. Lynn Harmonay, 114 Half Moon Bay Drive, Croton on Hudson, reminded the Board that Half Moon Bay is the immediate neighbor to both of the proposed developments and believes that Half Moon Bay will be adversely impacted in terms of traffic and infrastructure. Ms. Harmonay attested to the flooding issues, the storm drains at Half Moon Bay were overwhelmed during the last rain event, and she believes a full-time fire department will be needed to protect all of Croton. Petra Vatne, 217 Half Moon Bay, Croton on Hudson, stated that if we are adding housing, why not make it look pretty, three-story light-colored exteriors, gardens, and an area for the children. WRITTEN COMMENTS Village Board of Trustees August 21, 2024 Email from Richard Olver, 42 Whelan Avenue, Croton on Hudson, dated August 30, 2024, states that the Board has worked carefully over the past fifteen years to create more opportunities for affordable housing and nothing bad has happened to Croton. Mr. Olver believes the development at LOT A is an ideal step for Croton. Email from Daniel Tibbetts, 37A Wells Avenue, Croton on Hudson, dated August 21, 2024, encourages the Board to move forward with these projects with all the required speed and deliberation, he believes such developments will help our small businesses who are in desperate need for more customers, he believes the concerns are overblown and the only way out of the housing shortage is to build new housing. Email from Selcuk Eren, 56 Morningside Drive, Croton on Hudson, dated August 20, 2024, offering his full support for the Board’s housing initiatives for both projects, there is a housing-crises in New York and applauds the current leadership for recognizing this and taking advantage of State funding for these types of projects. On motion by Trustee Simon and seconded by Trustee Murtaugh the Board approved amending the Rules of Procedure to allow representatives from AKRF and WPB to speak. Motion was approved with a 5-0 vote. Trustee Nicholson stated that she does not think this is really the forum, the public has a lot of very specific questions as does the Board, AKRF will not have all the answers needed not the appropriate answers they are asking for tonight and she would prefer that we have full answers to all the questions raised this evening. Mayor Pugh stated that he understands this is a slight deviation from our normal practice, but the Rules of Procedure also say that information should be presented in a timely manner, if it is not immediately available then made available and more substantive responses will be bound together and presented in a comprehensive manner to the public. Mr. Bainlardi from WBP stated that he understands that some people are cynical of the information we have provided, but these reports were done by licensed professionals who have been doing this for a long time, there are standards in the industry that are widely recognized and asked that the community give some credibility to the work that has been done. August 21, 2024 On motion by Trustee Nicholson and seconded by Trustee Murtaugh the Mayor asked for a five minutes recess. Motion was approved with a 5-0 vote. Resolution #164 of 2024 On motion of TRUSTEE SIMON, seconded by TRUSTEE MURTAUGH, the following resolution was adopted by the Board of Trustees of the Village of Croton- on- Hudson, New York with a 5-0 vote. WHEREAS the Village’s Emergency Medical Services (EMS) Department provides basic life support (BLS) ambulance service, but does not offer advanced life support ambulance service (ALS), and WHEREAS the Ossining Volunteer Ambulance Corps (OVAC) has been providing ALS service to the Village of Croton-on-Hudson since 1996, and WHEREAS the Village of Croton-on-Hudson, the Village of Briarcliff Manor, and OVAC have entered into an agreement to form a Tri-Community FLYCAR system operating as OVAC ALSFR (Advanced Life Support First Response) dated May 2020, and WHEREAS the Villages of Briarcliff Manor and Croton-on-Hudson and OVAC have agreed to continue the ALS/BLS bundle billing for the duration of the May 2020 agreement, NOW THEREFORE BE IT RESOLVED the Board of Trustees hereby approves the FLYCAR Agreement Addendum and authorizes the Village Manager to execute the Agreement Addendum. Resolution #165 of 2024 On motion of TRUSTEE SIMON, seconded by TRUSTEE POLITI, the following resolution was adopted by the Board of Trustees of the Village of Croton- on- Hudson, New York with a 5-0 vote. WHEREAS the Croton Business Council is desirous of holding an "Oktoberfest" festival on Grand Street between Old Post Road S. and Mt. Airy Road on September 28, 2024, with a rain date of October 5, 2024, and WHEREAS the Village of Croton-on-Hudson has provided the Croton Business Council with a Memorandum of Understanding (MOU) that delineates the respective rights and obligations of the parties and defines their relationship for the “Oktoberfest” event, Village Board of Trustees August 21, 2024 NOW THEREFORE BE IT RESOLVED that the Village Board of Trustees hereby authorizes the Village Manager to execute the Memorandum of Understanding with the Croton Business Council related to the “Oktoberfest” event. 08/a5c18314a8f64cf6535602747dcabfd2037ee533.pdf DISCUSSION: Toni Senecal, of the Croton Business Council, stated that many of our businesses are struggling and it is getting harder and harder for some of the businesses to pitch in. Ms. Senecal stated that we are looking at getting more local sponsorship and they are asking for some contribution from the Village to support the local businesses. The Mayor and Board agreed to discuss the monetary contribution further in an upcoming work session. Resolution #166 of 2024 On motion of TRUSTEE SIMON, seconded by TRUSTEE NICHOLSON, the following resolution was adopted by the Board of Trustees of the Village of Croton- on- Hudson, New York with a 5-0 vote. WHEREAS the current Vehicle Use Policy has been reviewed and requires updates to reflect changes in best practices, technology, and Village operations, and WHEREAS it is in the best interest of the Village to formally adopt the updated Vehicle Use Policy to provide clear guidance and expectations to all Village employees regarding the use of Village-owned vehicles, NOW THEREFORE BE IT RESOLVED that the Village Board of Trustees of the Village of Croton-on-Hudson hereby adopts the updated Vehicle Use Policy effective immediately, and BE IT FURTHER RESOLVED that the change specific to the Fire Inspector/Code Enforcement Officer position shall not take effect until October 1, 2024, and BE IT FURTHER RESOLVED that the Village Clerk is hereby authorized and directed to distribute the updated Vehicle Use Policy to all relevant Village employees. Resolution #167 of 2024 Village Board of Trustees August 21, 2024 On motion of TRUSTEE SIMON, seconded by TRUSTEE NICHOLSON, the following resolution was adopted by the Board of Trustees of the Village of Croton- on- Hudson, New York with a 5-0 vote. WHEREAS the Village of Croton-on-Hudson requires stenographic services for the Village Justice Court, and WHEREAS S.A.C-D Steno Services has provided notification of its cancellation from the current contract, and WHEREAS Bridget Abatecola has been identified as a qualified candidate to provide the necessary stenographic services and has provided a schedule of rates, NOW THEREFORE BE IT RESOLVED that the Village Manager is authorized to enter into a contract with Bridget Abatecola for stenographic work in the Village Justice Court for the period of September 1, 2024, through May 31, 2025, and BE IT FURTHER RESOLVED that funding for such service is available in the following account: A1110.4000 (Justice Court – Contractual). Resolution #168 of 2024 On motion of TRUSTEE SIMON, seconded by TRUSTEE MURTAUGH, the following resolution was adopted by the Board of Trustees of the Village of Croton- on- Hudson, New York with a 5-0 vote. WHEREAS the Village Board of Trustees has received a special permit application from Sprocket Power of Bedford Hills, New York, proposing the installation of an integrated energy system at Croton Auto Park, located at 1 Municipal Place, comprising a battery energy storage system with a 280 kWh output, and WHEREAS on July 17, 2024, the Village Board of Trustees referred the special permit application to the Planning Board for a recommendation, and WHEREAS the Planning Board has provided the Board of Trustees with a memorandum in support of the application, NOW THEREFORE BE IT RESOLVED that the Village Board of Trustees hereby schedules a Public Hearing for September 11, 2024, at 7:00 PM in the Georgianna Grant Meeting Room of the Stanley H. Kellerhouse Municipal Building to consider the special permit application for the installation of an integrated energy system at Croton Auto Park, 1 Municipal Place. August 21, 2024 Resolution #169 of 2024 On motion of TRUSTEE SIMON, seconded by TRUSTEE MURTAUGH, the following resolution was adopted by the Board of Trustees of the Village of Croton-on-Hudson, New York with a 5-0 vote. WHEREAS the Village Board of Trustees has received a special permit application from WBP Development LLC for a multi-residential building on the parcel located at 1 Croton Point Avenue, and WHEREAS on July 17, 2024, the Village Board declared its intent to be the Lead Agency for SEQRA purposes in connection with the Proposed Action and directed Village staff to circulate its intent to all interested and involved agencies, and WHEREAS the Village Board has received comments back from the Village Planning Board and New York State Dept. of Transportation stating that they have no objection to the Village Board of Trustees serving as Lead Agency, and WHEREAS the 30-day window to send comments regarding the Village’s intent to serve as lead agency has now passed, and WHEREAS on July 17, 2024, the Village Board of Trustees referred the special permit application to the Planning Board for a recommendation, NOW THEREFORE BE IT RESOLVED that the Village Board of Trustees hereby declares itself Lead Agency for SEQRA purposes in connection with the Proposed Action, and BE IT FURTHER RESOLVED that the Village Board hereby refers the special permit application and associated documents to the Waterfront Advisory Committee for review and recommendation in accordance with the Village’s Local Waterfront Revitalization Program, and BE IT FURTHER RESOLVED that the Village Board of Trustees hereby schedules a Public Hearing for September 18, 2024, at 7:00 PM in the Georgianna Grant Meeting Room of the Stanley H. Kellerhouse Municipal Building to consider the special permit application from WBP Development LLC for the construction of a multi-residential building at 1 Croton Point Avenue. Resolution #170 of 2024 On motion of TRUSTEE MURTAUGH, seconded by TRUSTEE POLITI, the following resolution was adopted by the Board of Trustees of the Village of Croton- on- Hudson, New York with a 5-0 vote. August 21, 2024 WHEREAS the Village of Croton-on-Hudson has reviewed its existing flood insurance policies to ensure the coverage being provided is adequate, and WHEREAS the coverage in effect for certain buildings at the Village well fields needed to be increased, and WHEREAS these changes incurred an additional flood insurance premium expense in the amount of $2,003, and WHEREAS funding for this expense was not included in the 2024-2025 Water Fund budget, NOW THEREFORE BE IT RESOLVED that the Village Board hereby authorizes the Village Treasurer to transfer $2,003 from Water Fund Contingency Account F1990.4000 to the following account: F1910.4000 - Insurance Contractual: $2,003 Resolution #171 of 2024 On motion of TRUSTEE SIMON, seconded by TRUSTEE MURTAUGH, the following resolution was adopted by the Board of Trustees of the Village of Croton- on- Hudson, New York with a 5-0 vote. WHEREAS in 2021, the Croton EMS facility located at 44 Wayne Street was found to contain mold and was deemed no longer suitable for operation, and WHEREAS in August 2022, the Village contracted with Sullivan Architecture, P.C. to develop conceptual drawings for an updated EMS facility, with the conclusion that an addition to the Harmon Firehouse would be the most viable solution, and WHEREAS the Department of Public Works will undertake as much of the construction work as feasible with Village staff, while outside contractors will be employed for tasks beyond the scope or capacity of DPW, and WHEREAS the initial phase requiring contractor assistance involves foundation and masonry work, including footings, foundation walls, first and second floor slabs, and exterior brick work, and WHEREAS on July 22, 2024, the Village issued an invitation to bid for the Harmon Firehouse Addition – Foundation/Masonry Work (Bid # 04-2024), and WHEREAS two bids were received and publicly opened on August 6, 2024, and Village Board of Trustees August 21, 2024 WHEREAS Superintendent of Public Works Frank Balbi recommends the approval of Construction Plus Services, LLC, of Valhalla, New York, the lowest responsible bid, as the contractor for this phase of the project, NOW THEREFORE BE IT RESOLVED that the Village Board of Trustees hereby authorizes the Village Manager to award Bid No. 4-2024 for foundation and masonry work at the Harmon Firehouse to Construction Plus Services, LLC, in the amount of $111,000, and BE IT FURTHER RESOLVED that funding for this project is available in the existing capital account H4540.2102.23445. Resolution #172 of 2024 On motion of TRUSTEE SIMON, seconded by TRUSTEE NICHOLSON, the following resolution was adopted by the Board of Trustees of the Village of Croton- on- Hudson, New York with a 5-0 vote. WHEREAS Croton Enterprises LLC is the owner of the property known as 440-460 South Riverside Avenue, Croton-on-Hudson, NY, identified on the Tax Assessment Map as Section 79.17, Block 2, Lot 2 (the “Property”), and WHEREAS the Village of Croton-on-Hudson granted special permit and site plan approvals in 2016 for improvements to the Property, including ShopRite supermarket as the primary tenant, and WHEREAS as a condition of the site plan approval, the Village Planning Board required that Croton Enterprises LLC and the Village enter into a parking lot maintenance agreement to ensure the proper upkeep of the parking lot and the maintenance and health of the landscape trees on the Property, and WHEREAS the Village and Croton Enterprises LLC have negotiated a maintenance agreement that sets forth the responsibilities of the Owner with respect to the maintenance of the parking lot and the Property, providing the Village with additional tools to ensure the parking lot is maintained in good condition, NOW THEREFORE BE IT RESOLVED that the Village Board of Trustees hereby authorizes the Village Manager to sign the Parking Lot Maintenance Agreement with Croton Enterprises LLC, as required by the site plan approval granted in 2016, to ensure the ongoing maintenance and proper upkeep of the parking lot and landscaping on the Property. Resolution #173 of 2024 Village Board of Trustees August 21, 2024 On motion of TRUSTEE SIMON, seconded by TRUSTEE POLITI, the following resolution was adopted by the Board of Trustees of the Village of Croton- on- Hudson, New York with a 5-0 vote. WHEREAS the Village Board of Trustees has received an application from ShopRite Supermarkets, Inc. for a renewal of its Special Permit to operate a retail store at 460 South Riverside Avenue, and WHEREAS on January 10, 2024, the Village Board referred the renewal application to the Village Planning Board in accordance with Village law, and WHEREAS, the Village Board has received a favorable recommendation from the Planning Board, and WHEREAS the Village Board held a public hearing on the renewal of the special permit on January 24, 2024, and WHEREAS the property maintenance agreement required by the Planning Board in the 2016 site plan approval has been agreed upon, NOW THEREFORE BE IT RESOLVED: that the Village Board of Trustees hereby renews the special permit for ShopRite Supermarkets, Inc. to operate a retail store at 460 South Riverside Avenue subject to the following conditions: a. That the property maintenance agreement approved by the Village Board shall be executed by the property owner within 20 days of this permit renewal. b. That this special permit is issued for a period of eight years, commencing on April 4, 2021, and ending on April 4, 2029. Application for renewal of the special permit shall be made no later than three months prior to the expiration date. Village Attorney Whitehead asked if the Board wanted to consider giving them permanent status. Trustee Simon stated that it has been a struggle to get the Maintenance Agreement and would like to make sure it is properly implemented before we give Shoprite permanent status. Village Attorney Whitehead stated that the Maintenance Agreement is a little tricky because that agreement is with the property owner not Shoprite. August 21, 2024 Trustee Nicholson stated that the Special Permit was our only leverage. After further discussion, the Board agreed to issue the Special Permit to April 4, 2029. 8. PUBLIC COMMENTS ON NON-AGENDA ITEMS: Michael Mamone, 19 Young Avenue, Croton on Hudson, asked that the sound system be fixed, asked the Board to consider a Residential Parking Permit System in his neighborhood, his corner on Young and Benedict is very dangerous due to the commercial parking on that corner and the pedestrian crosswalk putting bikes and walkers in danger trying to attempt to cross the street. Mr. Mamone also addressed Jacoby Street and 129 as a problem and asked that dog laws be enforced. Brian Cook, 52 Truesdale Drive, Croton on Hudson, stated that Mr. Bainlardi asked for us to trust the experts, but everyone knows that there are two experts in any litigation that are working off the same standards, some of the analysis presented is based on stale data and using commuting data from 2020 is absurd because ridership has been increasing since 2020. Gary Eisenger, 210 Truesdale Drive, Croton on Hudson, stated that he would like to see the same checks and balances that were used with respect to the battery storage issue used on these developments and for the Board to continue to work and cooperate with this large group here tonight as well as those who have signed the Petition. Mr. Eisenger stated that the line-of-sightdiagram in AKRF’s memo is deceptive because it does not include utilities and the parapet. Susan Skrelja, 56 Truesdale Drive, Croton on Hudson, stated that AKRF’s memo depicting the line of sight is an example of creating a feeling of deception and why we need to scrutinize all documents. Ms. Skrelja stated that she objects to the statement that the Board is promoting this as opportunities for Croton residents who want to downsize or for young adults who are looking to return to Croton because making it 100% affordable, is not creating accessibility or inclusivity for everyone in Croton. Ed Riely, 110 Truesdale Drive, Croton on Hudson, stated that we are not opposed to housing in Croton, we are opposed to four and five story housing, we would like to see beautiful places built with an opportunity to own. Mr. Riely stated that the selection process at Maple Commons should be transparent and be done in public. Mr. Riely stated that the Planning Board expressed their concerns regarding the traffic study and believes a new traffic study is necessary, the current number of Village Board of Trustees August 21, 2024 parking spaces is not realistic, and a better fiscal analysis should be done on this project. Village Attorney Whitehead stated that the final recommendations from the Planning Board have not yet been received and a number of those issues mentioned this evening will be done. 9. APPROVAL OF MINUTES Motion to approve the minutes as amended of the Regular Meeting held on July 24, 2024, was made by Trustee Simon. The motion was seconded by Trustee Politi and approved with a 5-0 vote. Motion to approve the minutes of the Executive Session held on July 24, 2024, was made by Trustee Simon. The motion was seconded by Trustee Nicholson and approved with a 5-0 vote. Motion to approve the minutes of the Special Meeting held on August 9, 2024, was made by Trustee Simon. The motion was seconded by Trustee Politi and approved with a 5-0 vote. Motion to approve the minutes of the Executive Session held on August 9, 2024, was made by Trustee Politi. The motion was seconded by Trustee Simon and approved with a 5-0 vote. 10. REPORTS: Trustee Nicholson commended the Recreation Department for putting together outstanding recreational programs this summer; the Police Advisory Committee and the Police Department hosted their first annual “night out”. Trustee Nicholson stated that she wished we did not have two large projects to look at because it is not giving us the time we need to focus on LOT A and believes that the 1 Half Moon Bay project is a distraction for us to get a really good well thought out project for LOT A. Trustee Simon advised that Westchester Power held an informational meeting Monday evening at the Croton Library where they went over the new rates, the rates are not as low as we would have liked, but the good news is that it is a thirteen month contract, he attended the Planning Board meeting last night where they addressed an ADU application on Hastings Avenue, Shoprite, the LOT A referral and the Reservation of Parkland, announced that Croton Rotary will be Village Board of Trustees August 21, 2024 holding their annual car show on September 29th, and thanked the residents for their comments this evening and looks forward to continuing this discussion. Trustee Murtaugh thanked all the speakers, he heard many valuable comments, , there are no final decisions, and he is certain that there will be changes and wants to see a rigorous analysis as we move forward with this review. Trustee Politi stated that it is important to understand that all of our views with respect to these projects are not universal and hopes that we can continue to have these conversations in good faith, she reminded everyone that nothing has been set in stone, she understands everyone’s concerns about losing views, and we will be working with the developer, but believes that the LOT A project is a positive project. Mayor Pugh stated that a lot has been said, and while he would like to respond to all the comments, it would mean an additional four-hour meeting and he respectfully, declined to do so. Mayor Pugh did address the comment regarding local preference and while the Board would love to be able to have local preference, the court and Federal policy makers do not feel that way and encouraged everyone to review the Frequently Asked Questions that have been published on the Village’s website. Mayor Pugh stated that if no affordable housing is built, there would be no chance for people to find homes here and emphasized that a majority of our housing over the last few years has been market rate. Mayor Pugh stated that we hired AKRF because they are professionals in this field, they are an award-winning firm with a good reputation and they would not put their reputation on the line and we expect that they will do their best, we are in the process of getting the facts, using new data and looks forward to discussing this at our next meeting. Village Manager Healy referred to the Traffic Study on page 5 of the AKRF memo wherein they clearly indicate that they have requested the developer to do a new traffic study since trends have changed since 2022, we have sold 600 less parking permits since 2019, which is 600 less cars on a daily basis going down to the train station, we have also asked for an updated design that includes equipment and parapets, the Village does not know at this time who will be moving into Maple Commons, and while we are making inquiries on a regular basis, we do not have that information and emphasized that the selection process was public and was publicly viewed by more than 500 people who watched the process. Trustee Simon clarified that the lottery for these apartments was run by the Westchester County Housing Council not our local Croton Housing Network. August 21, 2024 Trustee Murtaugh asked Village Manager Healy to address a comment regarding the water line on Croton Point Avenue where we are trying to extend the larger pipe down from Wayne and have been in discussions with the property owner. Village Manager Healy stated that we are continuing discussions with the property owner who owns the building at the end of Wayne Street for an easement, in the past the property owner has expressed a willingness to permit an easement to allow the water line to be connected and we are going to connect the developer and the property owner so they can have those discussions. Village Attorney Whitehead stated that there were statements made this evening that made it sound like the project could be approved and the infrastructure would not be insufficient, Village Attorney Whitehead emphasized that the project could not be approved until the infrastructure is studied and if upgrades were found to be necessary, they would be done at the expense of the developer and that was made very clear in the RFP. Village Manager Healy advised that the agendas are sent out on Monday afternoon, they are posted on the website as well as Social Media, we also have the project page on the website under “Projects and Initiatives” and the same documents that are on the agenda are posted there as well. There being no further business to come before the Board a motion to close the meeting and enter into an Executive Session regarding a matter of Public Safety was made by Trustee Nicholson. The motion was seconded by Trustee Simon and approved with a 5-0 vote. The meeting was adjourned at 11:25pm.