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minutes 43 pages

Regular Meeting of the Board of Trustees of the Village of Croton-on-Hudson, NY, held on Wednesday, October 9, 2024, in the Georgianna Grant Meeting Room at the Stanley Kellerhouse Municipal Building, Van Wyck Street, Croton-on-Hudson, NY 10520. 1. Mayor Pugh called the meeting to order at 7:00pm and led everyone in the pledge of allegiance. Trustee Simon made a motion to approve the following Fiscal Year Vouchers, claims numbered 24251559-24251806. The Motion was seconded by Trustee Nicholson and approved with a 5-0 Vote. 212,463.53 Water Fund 8,943.70 Sewer Fund 2,843.31 Capital Fund $510,251.52 Trust Fund $4,615.00 3. Presentation of a Proclamation honoring Peter “Pete” Anfiteatro for his 20 years of service as Fire Inspector. 4. PUBLIC HEARINGS: Public Hearing #1 A Motion to continue a Public Hearing to consider the special permit application from WBP Development LLC for the construction of a multifamily development at 1 Croton Point Avenue was made by Trustee Murtaugh. Motion was seconded by Trustee Politi and approved with a 5-0 vote. Mayor Pugh went over the guidelines for holding a Public Hearing. John Bainlardi of WBP Development gave an overview of the proposed project, all documents pertaining to the project such as the fiscal analysis, school children analysis, updated site plans, updated building renderings, fire apparatus study, updated Part I EAF, and a memo with respect to the LWRP Consistency can be found on the Village Website under the “Project Page”. October 9, 2024 Trustee Murtaugh asked if the roadway that they anticipate the school buses would be using is the roadway that Metro North has an easement with the Village to access their property. Mr. Banlardi advised that the Village granted the MTA an easement so they can access their storage yard. Village Manager Healy answered the following questions. Financial Liability – the property currently generates $53,219 for all taxing jurisdictions; under the proposed development the property would generate $407,546 ($120,146 would come to the Village). For comparison purposes, the current tax bill for the Van Wyck apartments) is $32,789. Traffic Study- we are still awaiting additional information, but we do know that additional traffic generated by the proposed building would add less than a one second delay in travel time, and there would not be any changes in the level of service for the motoring public, there are currently six hundred less cars going to the train station than there were in 2019. School Enrollment – School enrollment peaked between 2009-2010 and it is down 190 students since that peak, but we are waiting for an updated enrollment study, For the 2024-25 School District Budget included a 2.14 percent increase which was withing the Tax Cap and reminded everyone that the Village Assessment does not determine the school tax, the Town of Cortlandt is the assessing entity. Green Spaces – this is an ongoing conversation that the Village is having with the developer, the RFP called for some kind of public amenity but that would be part of the Site Plan review process. Visual Impact – will be looked at as part of the SEQRA review, impacts on private properties are addressed in the Village Code and will be discussed during the Site Plan review process. Market Rate Condominiums – The Village did not receive any proposals for market rate condominiums. Public Safety - The Police Department has reviewed the plan and had no concerns to share with the developer, EMS was only concerned that stretchers would fit in the elevator, and we have confirmation that they would, the Fire Department made a number of suggestions that the developer is working on, the building will be fully sprinklered as per Village Code, there are also multiple pathways that are Village Board of Trustees October 9, 2024 being investigated with respect to providing water service to the building, the preferred option is to extend the water main. Mayor Pugh made the following comments: -the Village of Croton has been designated a “Pro-Housing” community, and even with the units already approved, including LOT A, the Village is not averaging a 1% annual growth rate, -the Zoning for LOT A is for a 5-story building, and per the SEQRA Review there are no discernible impacts for the general public, there are some potential impacts to privately owned parcels and while there are protections in the Village Code as it relates to views, that would be under the Site Plan review process -the inclusion of the parcel adjacent to LOT A doubled the area size and capping the number of units is not a reasonable goal and is a policy decision -this project is seeking State funding to create affordable condominiums which are funded by taxpayers throughout the State, it would be illegal to restrict it to Croton residents, residents and non-residents will have an equal chance of finding housing but if no such developments are built in our community, there would be fewer opportunities for residents -the Village is not being asked to solve the housing problems on our own, there are more than 200 Pro-Housing communities in New York State with more applying and all those communities have committed to taking steps to achieve an average 1% annual growth in housing supply, it is a voluntary incentive approach that the New York Conference of Mayors proposed in response to the Governors housing plan and this is how we maintain local control and progress in a way that is best for our community, it also gives the Village access to a pool of $650,000 million in State funding grants. Attorney Whitehead explained that there is a lot of case law on the ability to adopt a Moratorium on development, because a Moratorium takes away common law rights and property rights, they are looked at very carefully by the Courts, and they cannot be arbitrary, Courts have deemed Moratoriums valid if they are enacted in response to a dire necessity, if the Board’s action is reasonably calculated to alleviate or prevent a crises condition and if the municipality is taking steps to rectify the problem such as amending their Zoning or updating a Comprehensive Plan, the time of the Moratorium must be reasonable and the Village Board of Trustees October 9, 2024 Board is not in the position where it could legally adopt a Moratorium that would prevent this project or any other project from moving forward. Michael Mamone, 19 Young Avenue, Croton on Hudson, stated that the Board should be taking a step back in light of the opposition, he is concerned that there will not be enough parking for residents as well as other impacts this building may have on the Croton community. Richard Olver, 42 Whelan Avenue, Croton on Hudson, stated that he is concerned that Croton is changing, the mix is shifting fast and it has become impossible to buy a moderately priced house, and while he does not like apartment buildings, in order for us to maintain Croton as an affordable community we have to build projects like the one before the Board, he is pleased that the Board is carefully reviewing the best way forward to assure that taxes do not go up, that our children can live here and that Croton in the future can become a mix of different types of housing. Gordon Baptiste, 405 Half Moon Bay Drive, Croton on Hudson, stated that his concerns are about over-development, not about who will live here, he understands that change is inevitable, but asked that the Board wait to see what the effects are from the other projects before we approve a project with 100 units. Bree Pettis, Furnace Dock Road, Croton on Hudson, stated that as a business owner, he likes affordable housing because it allows employees to live where they work, he had to leave Brooklyn because rents were too high for his employees, and he is very excited about this project. Matthew Rubenstein, 105 Truesdale Drive, Croton on Hudson, believes that building multi-family homes might help keep the rest of the Village’s density from growing as fast as it would without it, the best place for multi-family development is in an urban corridor, near a highway and a train station, yet he believes that density needs to be managed, and developers should be making concessions to the Village and partner with the Village in improving our sustainable infrastructure. Maria McGuire, 1 Wayne Street, Croton on Hudson, expressed her concerns regarding the height of the building, she is concerned that she will lose her views as well as residual noise that may bounce off the building if it is five stories, she is also concerned about additional traffic in that area. October 9, 2024 Leila Goldmark, 3 Hale Hollow Road, Croton on Hudson, stated that as an Environmental Land Use Attorney her background has been fighting development projects, but she believes that what the Board is doing is a smart thing for the community, we need affordable housing and diversity of housing, and we need to be redeveloping unused lots in ways that are going to benefit our community, but she implored the Board to do a full environmental impact study, the Village also has a lot of leverage to get amenities that would benefit the community and encouraged the Board to do that as well as enforcement while this is being built. Alexander Skrelja, 56 Truesdale Drive, Croton on Hudson, stated that the concerns of residents should not be dismissed and does not believe the Board should think they have a mandate to do what they want in our Village without considering the over 1,400 signatures on the Petition expressing objections to this development. Mr. Skrelja also asked why there were not more bids for LOT A as there were for Maple Commons. Jeffrey Oswood, 64 Sunset Drive, Croton on Hudson, stated that as an Economist he believes this development makes economic sense, both demographically and addressing the housing crises as well as good business sense for Croton, he also addressed people that he knows that are living in their parent’s basements because they cannot find an affordable place to live. Tony Granger, 217 Half Moon Bay, Croton on Hudson, stated that the issues with LOT A are fire safety, traffic congestion, a 70-foot height structure, not enough on- site parking, no green space, an ugly building, diesel fumes, noise and lighting issues for tenants, he is very concerned that we are having too much too soon, and asked that the developer come up with another plan that is on a smaller scale. Gary Eisinger, 210 Cleveland Drive, Croton on Hudson, asked the Board not to approve the LOT A development, the proposed structure is out of scope, scale and character for Croton, concerned that the viewshed and building structure pictures in WBD’s analysis do not really depict what this structure is really going to look like and believes that these pictures are deceiving the community. Emily McKensie, 24 Nordica Drive, Croton on Hudson, stated that she cares about children and housing and understands that this development is very environmentally friendly in terms of geothermal heat, which she believes is important. Megan Dyer, 33 Penfield Avenue, Croton on Hudson, stated that our children are getting older and they are probably realizing that they will not be able to move Village Board of Trustees October 9, 2024 home after graduating from college because homes in Croton are averaging over a half million dollars, we need housing, and there are a lot of families that would add character to our community and she would like her children to have access to a more diverse student body. Matthew Arnold, 51 Old Post Road North, Croton on Hudson, stated that there is a desperate need for more affordable housing in Croton, and thoughtful development is necessary for a vibrant and thriving community and endorses this proposal and capitalizing on this parcel will help us fill this housing need and believes this is a win/win for our community. Brian Cook, 52 Truesdale Drive, Croton on Hudson, stated that he is concerned that the pictures are deceptive, would like to see the support for the statement that this development would only add one second of additional traffic, concerned that the limited parking spaces on the property will force additional cars to end up in the commuter parking lot, and while something needs to be done with that space, he believes this would be a prime location for a brewery or a restaurant with some units on top. Janet Monahan, 116 Young Avenue, Croton on Hudson, stated that parking LOT A is an unsightly plot with deteriorating pavement, and other than weeds, it is lacking in natural landscape, as the Chair of the Croton Conservation Advisory Council, she highly recommends that the developer include native plants and trees in their landscape design as well as pollinator gardens, the CAC is also working on the effects of lighting on nocturnal animals and people and asked that there be some control of the lighting from this building and suggested that the developer review the recommendation put out by Dark Skies International. Ms. Monahan stated that each new development brings new people into our community with fresh ideas that will make Croton flourish, and we must continue this process. Dave Sternberg, 3 Hale Hollow Road, Croton on Hudson, stated that not everyone can afford to buy or want to buy, and because it is hard to rent in Croton, he suggested that some of these apartments be rentals. Mr. Sternberg asked the Board to also address some of the no turn on red signs in various locations in the Village which makes it difficult to navigate getting through the Village. John McKeon, 25 Prospect Place, Croton on Hudson, stated that the Chief Executive Officer for Pattern for Progress talked about the decline in population in our County, yet we are talking about the need to build more housing, what he explained is that it is not a housing problem but rather an affordability problem and an allocation problem, there are many people in our community who are Village Board of Trustees October 9, 2024 widowed, residing in three bedroom homes because they have no place else to go, but the Village has decided to jump onto a cookie-cutter solution. Mr. McKeon talked about the State Budget, and how we are chasing after a small percentage of that money in hopes that we might be eligible for some of that $600 million of grant money. Mr. McKeon said he cannot afford for the Board to bring in more units of housing and have their contribution to the tax rolls equivalent to $2,000 a year for each unit when everyone in this room is paying on average about $10,000 a year, he also does not agree that our school system in terms of its physical structure has the ability to handle more students. Lisa Stenson Desamours, 1400 Half Moon Bay Drive, Croton on Hudson, stated that she believes this development will cause tangible harm and adverse impacts to the residents of Half Moon Bay. Ms. Desamours referred to Section 230-2 of the Village Code regarding its obligations to Village residents, (https://ecode360.com/9145074#9145074), the New York State Department of Environmental Conservation 2023 SEQRA requires municipalities to not fund or approve an action until it has complied with SEQRA, the Village has an obligation to evaluate traffic, school, Police, Fire, Ambulance, household garbage and recycling services, she also believes that neighboring communities should be engaged in the SEQRA process since their communities may have an impact as well, funding through the New York State Home Ownership Development Program is for home ownership among families of low income and the proposed development must be a condominium development. Susan Skrelja, 56 Truesdale Drive, Croton on Hudson, stated that it was illuded that even though the Village is in a non-binding contract with WBP, the Village still has to go through this process because we could potentially incur some sort of legal issues. Ms. Skrelja believes that there is a conflict of interest when big government and small government share a common denominator and is concerned that the Board is obsessed with pushing State funded initiatives that benefit politicians and developers. When a municipality takes State funding, they lose their power as a local municipality and asked that the Board stop and reflect on what is best for our community. Petra Vatne, 217 Half Moon Bay, Croton on Hudson, stated that the Board is not a government but rather a corporation and believes that the Board is part of this corruption. Ed Riely, 110 Truesdale Drive, Croton on Hudson, stated that while he does not like the management of this Village, he does not believe anyone is corrupt, he Village Board of Trustees October 9, 2024 believes the Board is committed to have a five-story building on this property no matter what we say, and while this developer has a good reputation, he is responding to what the Board wants, which is a five story Transit Oriented housing project that looks like a Motel 6, the building should be attractive and have recreational facilities for children and build something that we can be proud of. Phyllis Morrow, 61 Nordica Drive, Croton on Hudson, stated that LOT A is a valuable piece of property and is worth more than $2.5 million and believes the Village sold it for too little. Ms. Morrow stated that she lives on a diverse street, and we have always had a wonderful mix of people living together, and the reason we cannot afford housing is because it is tied into policies of our Federal Government. Sherry Horowitz, 119 Maple Street, Croton on Hudson, stated that when she sat on the Board she also expressed her feelings that she was not in favor of a 5-story building, and asked that the Board reconsider the size. Ms. Horowitz stated that landscaping was an important part of the RFP, and the Board should not put off those discussions until the very last minute because they are important parts to this project. WRITTEN COMMENTS: (Written comments are not read or transcribed in the minutes in their entirety. To receive a copy of the entire email you may reach out to the Village Clerks Office) Email from Dorothy McEntee, 412 Half Moon Bay Drive, Croton on Hudson, dated October 9, 2024, states that she is concerned about the 1 Croton Point Avenue project and would like to see what the effects are of the other developments before the Board approves this one, she also states that affordable housing is useful but would like it to be for Croton residents, seniors and our volunteer firefighters Email from Bobby Vaicels, 73 Penfield Avenue, Croton on Hudson, dated October 9, 2024, referred to an article in the New York Times on September 30, 2024, indicated that due to construction on a water tunnel upstate, NYC will be forced to use more water than usual from the Croton Watershed, because water from the Croton Watershed is nowhere near as clean as water from further north, it must be treated before it can be consumed and water treatment plants will be maxed out, the article indicated that the reason for this problem is population density in Westchester. October 9, 2024 Email from William Begeny, 179 Old Post Road Noth, Croton on Hudson, dated October 9, 2024, encouraged the Board not to cave in to the objections of some that do not have the facts, comparable markets have seen significant net benefits from increased housing capacity, including higher property values, school performance, and retail and business benefits, he also stated that based on the number of bedrooms we would see a 0.6% increase of students per grade and believes our schools can tolerate such a shift without creating problems Email from Keiko Niccolini, 7 Furnace Dock Road, Croton on Hudson, dated October 9, 2024, states that she is in support of the proposed redevelopment of LOT A, commuting patterns have shifted significantly leading to underutilization of LOT A and the proposed 100 units will help address one of the region’s most pressing affordable housing needs. Email from Lenore Edman, 38 Cleveland Drive, Croton on Hudson, dated October 9, 2024, stated that she is strongly in favor of the proposed development, Transit Oriented housing is so important and low-income housing even more so. Email from Nancy Ward, 5 Hughes Street Croton on Hudson, dated October 9, 2024, states that that she is not happy with the continued desire to build large unit towers in the Village, she does not want the character of the Village change, parking is already a mess, we will see more cars and more traffic on the on and off ramps and believes that something like this should be put to a vote. Email from Susan Windrum, 95 Radnor Avenue, Croton on Hudson, dated October 9, 2024, urging the Board to pause on new, large developments until a thorough independent study of the overall impacts of existing developments can be completed. Email from Hamilton Regan, 98 Mount Airy Road South, Croton on Hudson, dated October 9, 2024, stating that he is not in favor of the 1 Croton Point Avenue multi- family development. Email from Jack Manno, 123 Upper North Highland Place, Croton on Hudson, dated October 7, 2024, asked how many cars and children are anticipated, and is concerned about the effects on traffic at the train station and school district. Email from Gerry Hawkins, 90 Hastings Avenue, Croton on Hudson, dated October 3, 2024, states that he is in support of a Moratorium for two years for any large- scale housing projects, and also encouraged the Board to send out a survey to all Village Board of Trustees October 9, 2024 residents asking residents if the number of occupants should be limited, and should Croton residents be given first consideration. Email from Lloyd Oestreicher, 100 Old Post Road North, Croton on Hudson, dated October 3, 2024, states that eliminating LOT A will make it impossible to find a parking spot on many days, the overflow spaces are needed for station parking. Email from Sheryl Goldberg, 11 Alexander Lane, Croton on Hudson, dated September 19, 2024, states that the Village should take a pause until we assess the impact of other projects, concerned about traffic, parking school and services, this project does not address the needs for seniors in our community who want to downsize, concerned that the design does not fit into the character of the Village, we have also not heard anything about how they plan to reduce energy resources. Email from William Spratt, 9 Wayne Street, Croton on Hudson, addressing his concerns on visual impacts, and how this project will affect seasonal view of residents on Wayne Street, and believes a more reasonable building height should be 3 stories not 5, believes that the report on the number of school children may not be accurate, and encouraged the Board to double check the data and analysis with respect to water pressure and the project’s effect for homes already connected to the Wayne Street main. A motion to close the Public Hearing was made by Trustee Simon. Motion was seconded by Trustee Politi and approved with a 5-0 vote. A motion to enter into a brief recess was made by Trustee Murtaugh. Motion was seconded by Trustee Politi and approved with a 5-0 vote. PUBLIC HEARING #2 A motion to open a Public Hearing on Local Law Introductory No. 10 of 2024 to amend the Zoning Code of the Village of Croton-on-Hudson in relation to fees in lieu of parkland was made by Trustee Simon. Motion was seconded by Trustee Nicholson and approved with a 5-0 vote. Village Manager Healy explained that when a new development is proposed or when property is sub-divided the developer is required to provide either parkland on that property or if they cannot provide it because the lot is too small, they would be required to provide a payment in Lieu of Parkland. October 9, 2024 Trustee Simon stated that these revenues would be put into a Recreation Trust Fund that can be spent on future recreation land acquisitions or recreation projects. PUBLIC COMMENTS: Michael Mamone, 19 Young Avenue, Croton on Hudson, stated that while he does not know all the facts, he is concerned that we are giving a developer the opportunity to build something bigger than they would otherwise be able to build by allowing this alternative. Ed Riely, 110 Truesdale Drive, Croton on Hudson, asked that the Board be concerned about all sorts of fees for use of our parks, and encouraged the Board to put a plan in place so that people can have access to water during the summer months. Phyllis Morrow, 61 Nordica Drive, Croton on Hudson, stated that it sounds, on a surface level, that this process could be abused, it might be an easy way out and as more and more areas get developed we might find ourselves ending up holding the bag to do more. Gary Eisenger, 210 Clinton Drive, Croton on Hudson, stated that while this sounds reasonable, he is concerned that it could be used in a negative way by developing lots of land that maybe should not be developed, this plan may enable developers to have an extra tool to throw a little money out and be able to turn a plot of land that has beauty to the community into something that has no green space and is not visually attractive. There being no further comments to come before the Board, a motion to close the Public Hearing was made by Trustee Simon. Motion was seconded by Trustee Nicholson and approved with a 5-0 vote. Village Attorney Whitehead clarified that this provision already exists in our Code, and we are just cleaning up the language to make it read better. Village Attorney Whitehead stated that this law comes out of provisions in the State law, the decision is generally on the Planning Board level to determine whether a site is appropriate for parkland or not, it is not the applicant’s decision. Mayor Pugh stated that this has been historically applied to sub-divisions and the change is to make sure that this is applied to multi-family developments as well. October 9, 2024 Trustee Nicholson asked if this would be triggered if someone was putting in an Accessory Dwelling Unit on their property. Village Attorney Whitehead stated that these properties are not being sub-divided, and they are not getting Site Plan approval, it is only triggered by a sub-division or Site Plan approval. 5. LWRP Consistency Review and EAF Part II Review for Local Law Introductory No. 10 of 2024 Amending the Zoning Code of the Village of Croton-on- Hudson in relation to fees in lieu of parkland. Short Environmental Assessment Form Part 2 - Impact Assessment Part 2 No, or small impact may occur Moderate to large impact may occur 1. Will the proposed action create a material conflict with an adopted land use plan or zoning Regulations? √ 2. Will the proposed action result in a change in the use or intensity of use of land? √ 3. Will the proposed action impair the character or quality of the existing community? √ 4. Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area (CEA)? √ 5. Will the proposed action result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit, biking or walkway? √ 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably available energy conservation or renewable energy opportunities? √ 7. Will the proposed action impact existing: √ √ 8. Will the proposed action impair the character or quality of important historic, archaeological, architectural or aesthetic resources? √ 9. Will the proposed action result in an adverse change to natural resources (e.g., wetlands, waterbodies, groundwater, air quality, flora and fauna)? √ 10. Will the proposed action result in an increase in the potential for erosion, flooding or drainage problems? √ Village Board of Trustees October 9, 2024 11. Will the proposed action create a hazard to environmental resources or human health? √ LWRP Consistency Review Policy DEVELOPMENT POLICIES Applicable Yes/No Consistent Yes/No Applicable Yes/No Consistent Yes/No Comments Restore, revitalize, and redevelop deteriorated and underutilized waterfront areas for commercial, industrial, cultural, recreational and other compatible uses. No 1A Encourage integrated development of Village property to assure fulfillment of requirements relating to parking and accessory uses of Metro-North train station, while facilitating public access to the bay area and recreational use. No 1B Encourage restoration of deteriorating structures related to railroad use and assure appropriate maintenance and screening to reduce visual impact. No 1C Encourage the appropriate re-use of the old sewage treatment plant site at the intersection of Route 9A and Municipal Place. No Facilitate the siting of water dependent uses and facilities on or adjacent to coastal waters. No 2A Encourage water-enhanced commercial uses where such uses complement water dependent uses and do not result in displacement of such uses. No Further develop the State’s existing major ports of Albany, Buffalo, New York, Ogdensburg and Oswego as centers of commerce and industry, and encourage the siting, in these port areas, including those under the jurisdiction of State public authorities, of land use and development which is essential to, or in support of, waterborne transportation of cargo and people. No Strengthen the economic base of smaller harbor areas by encouraging the development and enhancement of those traditional uses and activities which have provided such areas with their unique maritime identity. No Encourage the location of development in areas where public services and facilities essential to such development are adequate. No 5A When feasible, development within the Village should be directed within the No Village Board of Trustees October 9, 2024 current service area of existing water and sewer facilities or in close proximity to areas where distribution lines currently exist. No 6A To expedite permit procedures, the Village shall coordinate all relevant local laws into a development package for applicants and/or make all local laws available to applicants proposing development activities. No FISH & WILDLIFE POLICIES Significant coastal fish and wildlife habitats will be protected, preserved, and, where practical, restored so as to maintain their viability as habitats. No 7A The quality of the Croton River and Bay Significant Coastal Fish and Wildlife Habitat and Haverstraw Bay Significant Fish and Wildlife Habitat shall be protected and improved for conservation, economic, aesthetic, recreational, and other public uses and values. Its resources shall be protected from the threat of pollution, misuse, and mismanagement. No 7B Materials that can degrade water quality and degrade or destroy the ecological system of the Croton River and Bay Significant Fish and Wildlife Habitat and the Haverstraw Bay Significant Fish and Wildlife Habitat shall not be disposed of or allowed to drain in, or on land within, the area of influence in the significant fish and wildlife habitats. No 7C Storage of materials that can degrade water quality and degrade or destroy the ecological system of the Croton River and Bay Significant Fish and Wildlife Habitat or Haverstraw Bay Significant Fish and Wildlife Habitat shall not be permitted within the area of influence of the habitat unless best available technology is used to prevent adverse impacts to the habitat. No 7D Restoration of degraded ecological elements of the Croton River and Bay and Haverstraw Bay Significant Fish and Wildlife Habitats and shorelands shall be included in any programs for cleanup of any adjacent toxic and hazardous waste site No 7E Runoff from public and private parking lots and from storm sewer overflows shall be effectively managed so as to prevent oil, grease, and other contaminants from No Village Board of Trustees October 9, 2024 polluting surface and ground water and impact to the significant fish and wildlife habitats. 7F Construction activity of any kind must not cause a measurable increase in erosion or flooding at the site of such activity, or impact other locations. activity in the Croton River and Hudson River spawning areas shall be timed so that spawning of anadromous fish species and shellfish will not be adversely affected. No 7G Construction activity of any kind must not cause significant degradation of water quality or impact identified significant fish and wildlife habitats. No 7H Habitat-related policies identified in the Indian Brook-Croton Gorge Watershed Conservation Action Plan will be considered in actions proposed for these areas (see Appendix C). No Protect fish and wildlife resources in the coastal area from the introduction of hazardous waste and other pollutants which bio-accumulate in the food chain, or which cause significant sub-lethal or lethal effects on those resources. No Expand recreational use of fish and wildlife resources in coastal areas by increasing access to existing resources, supplementing existing stocks, and developing new. No 9A Ensure continued recreational use and public access to the rivers through Village owned land adjacent to the railroad parking lot, at Croton Point Park, at Senasqua and Croton Landing Parks, along the Croton River, and at the Croton Yacht Club. Efforts should be made to increase opportunities for public access and enjoyment in these areas. No 9B Encourage passive recreational enjoyment of the wildlife in the designated significant fish and wildlife habitats, on the Audubon Society sanctuaries, Jane Lytle Arboretum, Gouveia Park and on other public or private lands within the Village where wildlife habitats are located, as well as the protection of such resources. No Further develop commercial finfish, shellfish and crustacean resources in the coastal area by encouraging the construction of new, or improvement of existing onshore commercial fishing facilities, increasing marketing of the State's seafood products, maintaining adequate stocks and expanding aquaculture facilities. No Village Board of Trustees October 9, 2024 FLOODING & EROSION POLICIES Buildings and other structures will be sited in the coastal area so as to minimize damage to property and the endangering of human lives caused by flooding and erosion. No Activities or development in the coastal area will be undertaken so as to minimize damage to natural resources and property from flooding and erosion by protecting natural protective features including beaches, dunes, barrier islands and bluffs. No 12A Every effort should be made to protect Croton Point, a natural protective barrier to Croton Bay from activities or development that would increase erosion of or flooding of the point. No The construction or reconstruction of erosion protection structures shall be undertaken only if they have a reasonable probability of controlling erosion for at least thirty years as demonstrated in design and construction standards and/or assured maintenance or replacement programs. No Activities and development, including the construction or reconstruction of erosion protection structures, shall be undertaken so that there will be no measurable increase in erosion or flooding at the site of such activities or development, or at other locations. No Mining, excavation or dredging in coastal waters shall not significantly interfere with the natural coastal processes which supply beach materials to land adjacent to such waters and shall be undertaken in a manner which will not cause an increase in erosion of such land. No Public funds shall only be used for erosion protective structures where necessary to protect human life, and new development which requires a location within or adjacent to an erosion hazard area to be able to function, or existing development; and only where the public benefits outweigh the long term monetary and other costs including the potential for increasing erosion and adverse effects on natural protective features. No Non-structural measures to minimize damage to natural resources and property from flooding and erosion shall be used whenever possible. No 17A Efforts to control erosion along the rivers and on the steep slopes inland shall be of No Village Board of Trustees October 9, 2024 a non-structural nature, wherever possible, to minimize the visual impact of structural measures. and environmental interests of the State and of its citizens, proposed major actions in the coastal area must give full consideration to those interests, and to the safeguards which the State has established to protect valuable coastal resource areas No PUBLIC ACCESS POLICIES Protect, maintain, and increase the level and types of access to public water- related recreation resources and facilities Yes Yes Yes Yes Board Concurred 19A Encourage the linkage of open space from upland areas to and along the Hudson and Croton Rivers in the form of a trail or walkway system. Yes Yes Yes Yes Board Concurred 19B Increase public access to areas that offer physical and visual connections to the Hudson River or Croton River and Bay. Yes Yes Yes Yes Board Concurred 19C Encourage the improvement of public transportation, when feasible, where water dependent and water-enhanced recreation activities are located. No 19D Improve and maintain access to Croton River and Bay at the Village-owned Echo Canoe Launch south of the Village parking lots at the Croton-Harmon Station No Access to the publicly owned foreshore and to lands immediately adjacent to the foreshore or the water's edge that are publicly owned shall be provided and it should be provided in a manner compatible with adjoining uses. related recreation resources and facilities. No Water dependent and water enhanced recreation will be encouraged and facilitated and will be given priority over non-water related uses along the coast. No 21A Boating and fishing activities should be encouraged provided that they do not restrict other water-related recreational opportunities and are undertaken in a manner compatible with existing water- dependent uses. No Development when located adjacent to the shore will provide for water-related recreation whenever such use is compatible with reasonably anticipated demand for such activities and is compatible with the primary purpose of No Village Board of Trustees October 9, 2024 the development. HISTORIC AND SCENIC QUALITY POLICIES Protect, enhance and restore structures, districts, areas or sites that are of significance in the history, architecture, archaeology or culture of the State, its communities, or the Nation. Yes Yes Yes Yes Board Concurred Prevent impairment of scenic resources of statewide significance. (The nearest scenic area of statewide significance (SASS) is the Bear Mountain Park subunit of the Hudson Highlands SASS which is north of the Village) No Protect, restore or enhance natural and man-made resources which are not identified as being of statewide significance, but which contribute to the overall scenic quality of the coastal area. No 25A Establish and protect identified public viewsheds of the Hudson River, including but not limited to the public views of the Hudson River from the western shoreline of the Village, and of the Croton River and Gorge. No ENERGY AND ICE MANAGEMENT POLICIES No Conserve and protect agricultural lands in the State’s coastal area. No Decisions on the siting and construction of major energy facilities in the coastal area will be based on public energy needs, compatibility of such facilities with the environment, and the facility's need for a shorefront location. No Ice management practices shall not interfere with the production of hydroelectric power, damage significant coastal fish and wildlife and their habitats, or increase shoreline erosion or flooding.. No The development of offshore uses and resources, including renewable energy resources, shall accommodate New York’s long-standing ocean and Great Lakes industries, such as commercial and recreational fishing and maritime commerce, and the ecological functions of habitats important to New York. No WATER AND AIR RESOURCES POLICIES Municipal, industrial, and commercial discharge of pollutants, including but not limited to, toxic and hazardous substances, into coastal waters will conform to State and National water No Village Board of Trustees October 9, 2024 quality standards. 30A Existing rail services and transportation- related facilities shall not dispose of any regulated materials in coastal waters until all such regulated materials have been tested by the State for conformance with water quality standards. No State coastal area policies and management objectives of approved local waterfront revitalization programs will be considered while reviewing coastal water classifications and while modifying water quality standards; however, those waters already overburdened with contaminants will be recognized as being a development constraint. No Encourage the use of alternative or innovative sanitary waste systems in small communities where the costs of conventional facilities are unreasonably high, given the size of the existing tax base of these communities. No Best Management Practices will be used to ensure the control of stormwater runoff and combined sewer overflows draining into coastal waters. No 33A The flow of stormwater discharge shall be controlled to limit the flow of pollutants from street, and parking areas, etc. directly into the rivers and water bodies. No Discharge of waste materials into coastal waters from vessels subject to State jurisdiction will be limited so as to protect significant fish and wildlife habitats, recreational areas and water supply areas.. No 34A Moored structures or marine vessels shall not discharge ballast water or other releases into the waterway. No Dredging and filling in coastal waters and disposal of dredged material will be undertaken in a manner that meets existing State permit requirements, and protects significant fish and wildlife habitats, scenic resources, natural protective features, important agricultural lands, and wetlands. No Activities related to the shipment and storage of petroleum and other hazardous materials will be conducted in a manner that will prevent or at least minimize spills into coastal waters; all practicable efforts will be undertaken to expedite the cleanup of such discharges; and restitution for damages will be required when these spills occur. No Village Board of Trustees October 9, 2024 Best management practices will be utilized to minimize the non-point discharge of excess nutrients, organics and eroded soils into coastal waters. No 37A Control of the development of hilltops and steep slopes should be exerted in order to prevent erosion and minimize runoff and flooding from new construction. No The quality and quantity of surface water and ground water supplies will be conserved and protected, particularly where such waters constitute the primary or sole source of water supply. No The transport, storage, treatment and disposal of solid waste, particularly hazardous waste, within coastal areas will be conducted in such a manner so as to protect groundwater and surface water supplies, significant fish and wildlife habitats, recreation areas, important agricultural lands and scenic resources. No Effluent discharged from major steam electric generating and industrial facilities into coastal waters will not be unduly injurious to fish and wildlife and shall conform to State water quality standards.. No Land use or development in the coastal area will not cause national or State air quality standards to be violated. No Coastal management policies will be considered if the State reclassifies land areas pursuant to the prevention of significant deterioration regulations of the Federal Clean Air Act. No Land use or development in the coastal area must not cause the generation of significant amounts of acid rain precursors: nitrates and sulfates. No WETLAND POLICY Preserve and protect tidal and freshwater wetlands and preserve the benefits derived from these areas. No 44A Wetlands, water bodies and watercourses shall be protected by preventing damage from erosion or siltation, minimizing disturbance, preserving natural habitats and protecting against flood and pollution. No Project 5. Improve Echo Canoe Launch and Village-owned land at the southern end of the train station parking lot Yes Yes Yes Yes Board Concurred Project 7. Facilitate access to the Hudson River Waterfront Yes Yes Yes Yes Board Concurred Village Board of Trustees October 9, 2024 Project 9. Implement segment of riverwalk trail from Croton Landing Park to Oscawana County Park. Yes Yes Yes Yes Board Concurred Project 10. Undertake a management plan for Village parks, trails, open space and memorials Yes Yes Yes Yes Board Concurred Project 11. Develop plan for future use of Gouveia Park Yes Yes Yes Yes Board Concurred 6. LWRP Consistency Review for NY State Department of Transportation federal funding for cleaning/washing bridges and sealing decks on U.S. Route 9 bridges over New York State Route 129. Policy DEVELOPMENT POLICIES Applicable Yes/No Consistent Yes/No Applicable Yes/No Consistent Yes/No Comments Restore, revitalize, and redevelop deteriorated and underutilized waterfront areas for commercial, industrial, cultural, recreational and other compatible uses. No 1A Encourage integrated development of Village property to assure fulfillment of requirements relating to parking and accessory uses of Metro-North train station, while facilitating public access to the bay area and recreational use. No 1B Encourage restoration of deteriorating structures related to railroad use and assure appropriate maintenance and screening to reduce visual impact. No 1C Encourage the appropriate re-use of the old sewage treatment plant site at the intersection of Route 9A and Municipal Place. No Facilitate the siting of water dependent uses and facilities on or adjacent to coastal waters. No 2A Encourage water-enhanced commercial uses where such uses complement water dependent uses and do not result in displacement of such uses. No Further develop the State’s existing major ports of Albany, Buffalo, New York, Ogdensburg and Oswego as centers of commerce and industry, and encourage the siting, in these port areas, including those under the jurisdiction of State public authorities, of land use and development which is essential to, or in support of, waterborne transportation of cargo and people. No Village Board of Trustees October 9, 2024 Strengthen the economic base of smaller harbor areas by encouraging the development and enhancement of those traditional uses and activities which have provided such areas with their unique maritime identity. No Encourage the location of development in areas where public services and facilities essential to such development are adequate. No 5A When feasible, development within the Village should be directed within the current service area of existing water and sewer facilities or in close proximity to areas where distribution lines currently exist. No Expedite permit procedures in order to facilitate the siting of development activities at suitable locations No 6A To expedite permit procedures, the Village shall coordinate all relevant local laws into a development package for applicants and/or make all local laws available to applicants proposing development activities. No FISH & WILDLIFE POLICIES Significant coastal fish and wildlife habitats will be protected, preserved, and, where practical, restored so as to maintain their viability as habitats. No 7A The quality of the Croton River and Bay Significant Coastal Fish and Wildlife Habitat and Haverstraw Bay Significant Fish and Wildlife Habitat shall be protected and improved for conservation, economic, aesthetic, recreational, and other public uses and values. Its resources shall be protected from the threat of pollution, misuse, and mismanagement. No 7B Materials that can degrade water quality and degrade or destroy the ecological system of the Croton River and Bay Significant Fish and Wildlife Habitat and the Haverstraw Bay Significant Fish and Wildlife Habitat shall not be disposed of or allowed to drain in, or on land within, the area of influence in the significant fish and wildlife habitats. No 7C Storage of materials that can degrade water quality and degrade or destroy the ecological system of the Croton River and Bay Significant Fish and Wildlife Habitat or Haverstraw Bay Significant Fish and Wildlife Habitat shall not be permitted within the area of influence of the habitat unless best available technology is used No Village Board of Trustees October 9, 2024 to prevent adverse impacts to the habitat. 7D Restoration of degraded ecological elements of the Croton River and Bay and Haverstraw Bay Significant Fish and Wildlife Habitats and shorelands shall be included in any programs for cleanup of any adjacent toxic and hazardous waste site No 7E Runoff from public and private parking lots and from storm sewer overflows shall be effectively managed so as to prevent oil, grease, and other contaminants from polluting surface and ground water and impact to the significant fish and wildlife habitats. No 7F Construction activity of any kind must not cause a measurable increase in erosion or flooding at the site of such activity, or impact other locations. activity in the Croton River and Hudson River spawning areas shall be timed so that spawning of anadromous fish species and shellfish will not be adversely affected. No 7G Construction activity of any kind must not cause significant degradation of water quality or impact identified significant fish and wildlife habitats. No 7H Habitat-related policies identified in the Indian Brook-Croton Gorge Watershed Conservation Action Plan will be considered in actions proposed for these areas (see Appendix C). No Protect fish and wildlife resources in the coastal area from the introduction of hazardous waste and other pollutants which bio-accumulate in the food chain, or which cause significant sub-lethal or lethal effects on those resources. No Expand recreational use of fish and wildlife resources in coastal areas by increasing access to existing resources, supplementing existing stocks, and developing new. No 9A Ensure continued recreational use and public access to the rivers through Village owned land adjacent to the railroad parking lot, at Croton Point Park, at Senasqua and Croton Landing Parks, along the Croton River, and at the Croton Yacht Club. Efforts should be made to increase opportunities for public access and enjoyment in these areas. No 9B Encourage passive recreational enjoyment of the wildlife in the designated significant fish and wildlife habitats, on the Audubon Society sanctuaries, Jane Lytle Arboretum, Gouveia Park and on other No Village Board of Trustees October 9, 2024 public or private lands within the Village where wildlife habitats are located, as well as the protection of such resources. Further develop commercial finfish, shellfish and crustacean resources in the coastal area by encouraging the construction of new, or improvement of existing onshore commercial fishing facilities, increasing marketing of the State's seafood products, maintaining adequate stocks and expanding aquaculture facilities. No FLOODING & EROSION POLICIES Buildings and other structures will be sited in the coastal area so as to minimize damage to property and the endangering of human lives caused by flooding and erosion. No Activities or development in the coastal area will be undertaken so as to minimize damage to natural resources and property from flooding and erosion by protecting natural protective features including beaches, dunes, barrier islands and bluffs. No 12A Every effort should be made to protect Croton Point, a natural protective barrier to Croton Bay from activities or development that would increase erosion of or flooding of the point. No The construction or reconstruction of erosion protection structures shall be undertaken only if they have a reasonable probability of controlling erosion for at least thirty years as demonstrated in design and construction standards and/or assured maintenance or replacement programs. No Activities and development, including the construction or reconstruction of erosion protection structures, shall be undertaken so that there will be no measurable increase in erosion or flooding at the site of such activities or development, or at other locations. No Mining, excavation or dredging in coastal waters shall not significantly interfere with the natural coastal processes which supply beach materials to land adjacent to such waters and shall be undertaken in a manner which will not cause an increase in erosion of such land. No Public funds shall only be used for erosion protective structures where necessary to protect human life, and new development which requires a location within or No Village Board of Trustees October 9, 2024 adjacent to an erosion hazard area to be able to function, or existing development; and only where the public benefits outweigh the long term monetary and other costs including the potential for increasing erosion and adverse effects on natural protective features. Non-structural measures to minimize damage to natural resources and property from flooding and erosion shall be used whenever possible. No 17A Efforts to control erosion along the rivers and on the steep slopes inland shall be of a non-structural nature, wherever possible, to minimize the visual impact of structural measures. No To safeguard the vital economic, social and environmental interests of the State and of its citizens, proposed major actions in the coastal area must give full consideration to those interests, and to the safeguards which the State has established to protect valuable coastal resource areas Yes Yes Yes Yes Board Concurred PUBLIC ACCESS POLICIES Protect, maintain, and increase the level and types of access to public water- related recreation resources and facilities No 19A Encourage the linkage of open space from upland areas to and along the Hudson and Croton Rivers in the form of a trail or walkway system. No 19B Increase public access to areas that offer physical and visual connections to the Hudson River or Croton River and Bay. No 19C Encourage the improvement of public transportation, when feasible, where water dependent and water-enhanced recreation activities are located. No 19D Improve and maintain access to Croton River and Bay at the Village-owned Echo Canoe Launch south of the Village parking lots at the Croton-Harmon Station No Access to the publicly owned foreshore and to lands immediately adjacent to the foreshore or the water's edge that are publicly owned shall be provided and it should be provided in a manner compatible with adjoining uses. related recreation resources and facilities. No Water dependent and water enhanced recreation will be encouraged and facilitated and will be given priority over non-water related uses along the coast. No 21A Boating and fishing activities should be No Village Board of Trustees October 9, 2024 encouraged provided that they do not restrict other water-related recreational opportunities and are undertaken in a manner compatible with existing water- dependent uses. Development when located adjacent to the shore will provide for water-related recreation whenever such use is compatible with reasonably anticipated demand for such activities and is compatible with the primary purpose of the development. No HISTORIC AND SCENIC QUALITY POLICIES Protect, enhance and restore structures, districts, areas or sites that are of significance in the history, architecture, archaeology or culture of the State, its communities, or the Nation. No Prevent impairment of scenic resources of statewide significance. (The nearest scenic area of statewide significance (SASS) is the Bear Mountain Park subunit of the Hudson Highlands SASS which is north of the Village) No Protect, restore or enhance natural and man-made resources which are not identified as being of statewide significance, but which contribute to the overall scenic quality of the coastal area. No 25A Establish and protect identified public viewsheds of the Hudson River, including but not limited to the public views of the Hudson River from the western shoreline of the Village, and of the Croton River and Gorge. No ENERGY AND ICE MANAGEMENT POLICIES No Conserve and protect agricultural lands in the State’s coastal area. No Decisions on the siting and construction of major energy facilities in the coastal area will be based on public energy needs, compatibility of such facilities with the environment, and the facility's need for a shorefront location. No Ice management practices shall not interfere with the production of hydroelectric power, damage significant coastal fish and wildlife and their habitats, or increase shoreline erosion or flooding.. No The development of offshore uses and resources, including renewable energy resources, shall accommodate New No Village Board of Trustees October 9, 2024 York’s long-standing ocean and Great Lakes industries, such as commercial and recreational fishing and maritime commerce, and the ecological functions of habitats important to New York. Municipal, industrial, and commercial discharge of pollutants, including but not limited to, toxic and hazardous substances, into coastal waters will conform to State and National water quality standards. Yes Yes Yes Yes Board Concurred 30A Existing rail services and transportation- related facilities shall not dispose of any regulated materials in coastal waters until all such regulated materials have been tested by the State for conformance with water quality standards. No State coastal area policies and management objectives of approved local waterfront revitalization programs will be considered while reviewing coastal water classifications and while modifying water quality standards; however, those waters already overburdened with contaminants will be recognized as being a development constraint. No Encourage the use of alternative or innovative sanitary waste systems in small communities where the costs of conventional facilities are unreasonably high, given the size of the existing tax base of these communities. No Best Management Practices will be used to ensure the control of stormwater runoff and combined sewer overflows draining into coastal waters. Yes Yes Yes Yes Board Concurred 33A The flow of stormwater discharge shall be controlled to limit the flow of pollutants from street, and parking areas, etc. directly into the rivers and water bodies. No Discharge of waste materials into coastal waters from vessels subject to State jurisdiction will be limited so as to protect significant fish and wildlife habitats, recreational areas and water supply areas.. No 34A Moored structures or marine vessels shall not discharge ballast water or other releases into the waterway. No Dredging and filling in coastal waters and disposal of dredged material will be undertaken in a manner that meets existing State permit requirements, and protects significant fish and wildlife habitats, scenic resources, natural No Village Board of Trustees October 9, 2024 protective features, important agricultural lands, and wetlands. storage of petroleum and other hazardous materials will be conducted in a manner that will prevent or at least minimize spills into coastal waters; all practicable efforts will be undertaken to expedite the cleanup of such discharges; and restitution for damages will be required when these spills occur. No Best management practices will be utilized to minimize the non-point discharge of excess nutrients, organics and eroded soils into coastal waters. No 37A Control of the development of hilltops and steep slopes should be exerted in order to prevent erosion and minimize runoff and flooding from new construction. No The quality and quantity of surface water and ground water supplies will be conserved and protected, particularly where such waters constitute the primary or sole source of water supply. No The transport, storage, treatment and disposal of solid waste, particularly hazardous waste, within coastal areas will be conducted in such a manner so as to protect groundwater and surface water supplies, significant fish and wildlife habitats, recreation areas, important agricultural lands and scenic resources. Yes Yes Yes Yes Board Concurred Effluent discharged from major steam electric generating and industrial facilities into coastal waters will not be unduly injurious to fish and wildlife and shall conform to State water quality standards.. No Land use or development in the coastal area will not cause national or State air quality standards to be violated. No Coastal management policies will be considered if the State reclassifies land areas pursuant to the prevention of significant deterioration regulations of the Federal Clean Air Act. No Land use or development in the coastal area must not cause the generation of significant amounts of acid rain precursors: nitrates and sulfates. No WETLAND POLICY Preserve and protect tidal and freshwater wetlands and preserve the benefits derived from these areas. No 44A Wetlands, water bodies and watercourses shall be protected by preventing damage from erosion or siltation, minimizing No Village Board of Trustees October 9, 2024 disturbance, preserving natural habitats and protecting against flood and pollution. Resolution #185-2024 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 has adopted a Local Waterfront Revitalization Program (LWRP) to guide the use of its waterfront and adjacent areas in a manner consistent with sound waterfront planning and environmental protection principles; and WHEREAS, the Village of Croton-on-Hudson has received a referral for review of the New York State Department of Transportation’s proposed project involving federal funding for the cleaning, washing, and sealing of bridges on U.S. Route 9 over New York State Route 129; and WHEREAS, on September 26, 2024, the Village’s Waterfront Advisory Committee (WAC) reviewed the proposed project for consistency with the policies of the LWRP; and WHEREAS, the WAC has evaluated the Coastal Assessment Form and the policies of the LWRP and determined that the following policies are relevant to the proposed project: Policy 18: Safeguarding the vital economic, social, and environmental interests of the State and its citizens, with consideration given to the protection of these interests: Policy 30: Ensuring that municipal, industrial, and commercial discharges of pollutants into coastal waters conform to state and national water quality standards. Policy 33: Implementing Best Management Practices to control stormwater runoff and combined sewer overflows. Policy 39: Ensuring the transport, storage, treatment, and disposal of solid waste within coastal areas is protective of groundwater, surface water, fish and wildlife habitats, recreation areas, and scenic resources; and WHEREAS, the WAC has found that the specifications for the proposed work are protective of the environment and that the project will extend the life of the infrastructure in a manner consistent with the LWRP; and WHEREAS, the WAC has issued its recommendation of consistency with the LWRP, Village Board of Trustees October 9, 2024 NOW THEREFORE BE IT RESOLVED: that the Village Board of Trustees hereby declares the proposed cleaning, washing, and sealing of bridges on U.S. Route 9 over New York State Route 129 to be consistent with the Village’s Local Waterfront Revitalization Program. 7. RESPONSES TO QUESTIONS SUBMITTED BY EMAIL - None 8. CORRESPONDENCE: a. Letter from Jesse Bourdon, Director of the Croton Free Library, formally requesting a waiver for the $425 amended site plan fee from the Village Board. 10/dfdd80239e154b0568d24cce6ebb5753d82e25a0.pdf Resolution: IM/CP On motion Trustee Murtaugh and seconded by Trustee Politi, the Board of Trustees approved waiving the $425 amended site plan fee from the Croton Free Library. Motion was approved with a 5-0 vote. b. Letter from Westchester County announcing the induction of William “Bill” Tuttle into the Westchester County Senior Citizens Hall of Fame https://play.champds.com/ATT/crotononhudsonny/2024- 10/e9e7442c9e8db5347b3ce7fb183fa5c632730f18.pdf c. Letter from Vic Conte, President of the Croton Lions Club, requesting permission to sell Christmas trees on South Riverside Avenue for their annual fundraiser. 10/f5cb4062ec2deaf27cfd5a2a33c2a06d807fc19c.pdf Resolution: On motion by Trustee Simon and seconded by Trustee Nicholson, the Board of Trustees approved the request from the Croton Lions Club to sell Christmas Trees on South Riverside Avenue. Motion was approved with a 5- 0 vote. October 9, 2024 d. Memo from Village Manager Bryan Healy regarding the Kayak concession at Echo Canoe Launch https://play.champds.com/ATT/crotononhudsonny/2024- 10/5feb75b12250830f5fe241a684a84bc45dd6a654.pdf On motion by Trustee Simon and seconded by Trustee Politi, the Board of Trustees directed Village Manager Healy to start negotiations with Hudson River Recreation regarding the kayak concession at Echo Canoe Launch. Motion was approved with a 5-0 vote. 9. PUBLIC COMMENTS ON AGENDA ITEMS: Michael Mamone, 19 Young Avenue, Croton on Hudson, stated that he objects that the 325 South Riverside Avenue project is being built right up to the property line. Mr. Mamone stated that if you are at the intersection of Oneida Avenue you cannot see cars coming down, that intersection is bad and needs to be addressed and hopes that no variance is given to the developer. Mr. Mamone stated that since the LOT A development is only proposing parking spaces for 100 cars, he is concerned they will end up on Oneida and Young Avenues, and does not believe that the LOT A development will be paying enough for the expenses that will be incurred for Village services. Ed Riely, 110 Truesdale Drive, Croton on Hudson, stated that he hopes the Village Manager addresses the contract and the profit the Village makes from the kayak concession at Echo Canoe Launch, commended Peter Anfiteatro for his proper Code Enforcement services, the LOT A project should be scaled back, it is not a good place for housing because of the noise, light and pollution issues, and strongly objects to it being a wood frame building. Phyllis Morrow, 61 Nordica Drive, Croton on Hudson, stated that she does not have a favorable feeling with Hudson River Recreation, they have not been a good steward of the River, people are abusing the River, leaving trash, and we should take this opportunity to discuss how they can do a better job, there should also be a limit to the number of Kayaks, and asked that the Croton River Task Force be reinstated, does not believe that LOT A lends itself for residential development and would like to see a building that would blend better on that lot. Nancy Ward, 5 Hughes Street, Croton on Hudson, stated that she does not believe that the LOT A project is right for Croton. Ms. Ward said that all voices should be heard and that our government should represent our needs and wants in a fair and Village Board of Trustees October 9, 2024 balanced manner. Ms. Ward also addressed her concerns regarding the construction taking place at the circle at Bennedict and Cleveland, she also noticed some construction material at the island in front of the church on Cleveland and does not know what that is and believes there will be a problem driving in this area. 10. RESOLUTIONS: Resolution #186-2024 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 would like to amend Chapter 204 of the Village Code on Taxation, to provide for exemptions for first-time homebuyers of newly constructed homes, improvements to property made pursuant to the Americans with Disabilities Act of 1990, physically disabled crime victims, and for improvements to real property meeting certification standards for green buildings, and WHEREAS these exemptions were discussed at the May 15 and August 28 work sessions, and WHEREAS Local Law Introductory No. 11 of 2024 has been drafted to reflect such language, NOW THEREFORE BE IT RESOLVED that the Village Board of Trustees hereby schedules a Public Hearing for October 23, 2024, at 7:00 PM in the Georgianna Grant Meeting Room of the Stanley H. Kellerhouse Municipal Building, located at 1 Van Wyck Street, Croton- on-Hudson, NY 10520, to consider amendments to Chapter 204, Taxation, providing for exemptions as outlined in Local Law Introductory No. 11-2024. Resolution #187-2024 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 Board of Trustees of the Village of Croton-on-Hudson seeks to amend and update various provisions of Chapter 230, Zoning, of the Village Code to align the zoning regulations with current planning and development needs, and Village Board of Trustees October 9, 2024 WHEREAS the proposed amendments include updates to definitions, regulations concerning accessory cottages, manufactured homes, and boarding arrangements, among others, as well as modifications to commercial zoning provision, and WHEREAS Local Law Introductory No. 12 of 2024 has been drafted for such purposes, NOW THEREFORE BE IT RESOLVED that the Board of Trustees hereby declares itself as Lead Agency for the State Environmental Quality Review Act (SEQRA) process for Local Law Introductory No. 12 of 2024, and BE IT FURTHER RESOLVED that the Board of Trustees hereby determines that this local law is an Unlisted Action under SEQRA, and BE FURTHER RESOLVED that the proposed local law, EAF and CAF are hereby referred to the Village Planning Board, the Westchester County Planning Board and the Waterfront Advisory Committee for review and recommendation in accordance with applicable law. Resolution #188-2024 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 is considering the adoption of Local Law Introductory No. 13 of 2024, a local law to amend Chapter 215, Vehicle & Traffic, of the Code of the Village of Croton-on-Hudson to update provisions related to seasonal parking, and WHEREAS the proposed local law seeks to amend Section 215-29 to clarify regulations regarding parking during snow events, including provisions for vehicle relocation, special hardship permits, and overnight parking in designated areas, and WHEREAS the Village Board of Trustees is required to hold a public hearing to receive public comment on the proposed law before it can be considered for adoption, NOW THEREFORE BE IT RESOLVED that the Village Board of Trustees of the Village of Croton-on-Hudson hereby schedules a Public Hearing to be held on October 23, 2024, at 7:00 PM in the Georgianna Grant Meeting Room of the Stanley H. Kellerhouse Municipal Building to consider the adoption of Local Law Introductory No. 13 of 2024, amending Chapter 215 of the Village Code regarding seasonal parking. Resolution #189-2024 Village Board of Trustees October 9, 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 a special permit application from Ryan Kao of CTRH LLC to construct a three-story mixed-use building at 325 South Riverside Avenue, and WHEREAS on July 24, 2024, the Village Board of Trustees declared its intent to serve as Lead Agency for SEQRA purposes and directed the staff to circulate its intent to all involved agencies, and WHEREAS on September 25, 2024, the Village Board declared itself Lead Agency for SEQRA purposes in connection with the Proposed Action, and WHEREAS the Village Board has received memoranda of support from the Village Planning Board, the County Planning Board, and the Waterfront Advisory Committee regarding the Proposed Action, NOW THEREFORE BE IT RESOLVED that the Village Board of Trustees hereby schedules a public hearing on October 23, 2024, at 7:00 PM, in the Georgianna Grant Room of the Stanley H. Kellerhouse Municipal Building to consider the special permit application to construct a three-story mixed-used building at 325 South Riverside Avenue. Trustee Nicholson suggested waiting until after the Planning Board reviews and possibly making further modifications to their design before we hold the public hearing. Village Manager Healy explained that it is standard to issue a Special Permit before it goes to Site Plan review, but the Planning Board is an Involved Agency under SEQRA, and they can submit comments to the Board. Trustee Simon stated that as part of the Site Plan process they will also have its own public hearings. Resolution #190-2024 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: October 9, 2024 WHEREAS the Village of Croton-on-Hudson is undertaking the Harmon Firehouse Addition project located at 30 Wayne Street, and WHEREAS the Village entered into a contract with Construction Plus Services LLC for the completion of this project under Bid No. 04-2024, and WHEREAS design changes during the course of the project required two change orders to be submitted for the bid, and WHEREAS the total cost of the additional work outlined in Change Orders No. 1 and No. 2 amounts to $4,900, and WHEREAS the Superintendent of Public Works has reviewed the proposed change orders and has determined that additional work is necessary for the successful completion of the project, NOW THEREFORE BE IT RESOLVED that the Village Board of Trustees hereby authorizes the Village Manager to approve Change Order No. 1 and Change Order No. 2 in the total amount of $4,900. Resolution #191-2024 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 of Croton-on-Hudson solicited sealed bids for the Harmon Firehouse addition – Exterior Framing Work (Labor Only) under Bid No. 08-2024, with bids due by 10:00 AM on October 4, 2024, and WHEREAS one bid was received and publicly opened on the aforementioned date, and WHEREAS the Board of Trustees has reviewed the bid submitted and determined that the amount was higher than anticipated, and WHEREAS the Village of Croton-on-Hudson retains the right to reject any and all bids if deemed necessary and in the best interest of the Village, NOW THEREFORE BE IT RESOLVED that the Board of Trustees hereby rejects the one bid received for the Harmon Firehouse addition – Exterior Framing Work (Labor Only) under Bid No. 08-2024. Resolution #192-2024 Village Board of Trustees October 9, 2024 On motion of TRUSTEE SIMON, seconded by TRUSTEE NICHLSON, the following resolution was adopted by the Board of Trustees of the Village of Croton-on-Hudson, New York with a 5-0 vote. NOW THEREFORE BE IT RESOLVED that upon the recommendation of the Village Manager, the Board of Trustees hereby approves a Stipulation of Agreement dated October 3, 2024, between the Village of Croton-on-Hudson and Local 456, International Brotherhood of Teamsters. Resolution #193-2024 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 the following vote: NOW THEREFORE BE IT RESOLVED that upon the recommendation of the Village Manager, the Board of Trustees hereby approves a Stipulation of Agreement dated October 4, 2024, between the Village of Croton-on-Hudson and the Croton Police Association. Resolution #194-2024 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 4-0 vote: WHEREAS on June 13, 2024, the Village Board of Trustees received a letter from Karen Kuchnicki requesting that the Village petition Westchester County remove the property located at 36 Lounsbury Road from the Ossining Sanitary Sewer District, with the reasoning that the property is currently not connected to the sanitary sewer system and the closest sewer main is more than 200 feet from the property line, and WHEREAS at the Board Meeting of August 21, 2024, the Village Board authorized the Village Manager to petition the County Legislature to start the process of removing the property located at 36 Lounsbury Road, Croton-on-Hudson, from the Ossining Sanitary Sewer District, NOW THEREFORE BE IT RESOLVED that the Village Board hereby affirms its support for the previous request for the removal of 36 Lounsbury Road, known as parcel 67.20-2-39 on the Village tax map, from the Ossining Sanitary Sewer District, and Village Board of Trustees October 9, 2024 BE IT FURTHER RESOLVED that the Village Engineer is directed to provide the requested documentation to the Westchester County Department of Environmental Facilities. Resolution #195-2024 On motion of TRUSTEE SIMON, seconded by TRUSTEE NICHHOLSON, 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 has applied for and been awarded a grant in the amount of $250,000 from the Dormitory Authority of the State of New York (DASNY) under the Community Resiliency, Economic Sustainability, and Technology Program (“CREST”) for the purpose of purchasing a Tower Ladder Truck for the Fire Department, and WHEREAS the project location for the purchase of the Tower Ladder Truck will be at the Grand Street Firehouse, located at 154 Grand Street, NOW THEREFORE BE IT RESOLVED that the Village Board of Trustees hereby authorizes the Village Manager to sign the Grant Disbursement Agreement with the Dormitory Authority of the State of New York and to execute any additional documents necessary for the acceptance and administration of the grant funds. Resolution #196-2024 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 Historian requires the purchase of a new computer to assist in carrying out their duties efficiently and effectively, and WHEREAS funding for this expense was not included in the 2024-2025 General Fund budget, NOW THEREFORE BE IT RESOLVED that the Village Board hereby authorizes the Village Treasurer to transfer $1,000 from Contingency Account A1990.4000 to the following account: A7510.4000 – Historian - Contractual: $1,000 Resolution #197-2024 Village Board of Trustees October 9, 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 Water Dept. has seen an increase in the number of water meters misreading after the end of their useful life, and WHEREAS the Water Dept. has received a quote for the purchase of additional new water meters and registers at a total cost of $16,742, and WHEREAS this expenditure is necessary to maintain the accuracy and efficiency of the Village's water metering system, and WHEREAS funding for this total 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 $16,742 from Contingency Account F1990.4000 to the following account: F8340.4000 – Distribution - Contractual: $16,742 Resolution #198-2024 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 Recreation Department utilizes RecTrac software to manage its operations efficiently, and WHEREAS the Recreation Department seeks to upgrade its RecTrac software by incorporating WebTrac, an online interface that will allow residents to register for programs and services more conveniently, and WHEREAS the upgrade involves a server setup cost of $1,200 and a software upgrade fee of $1,673.94, totaling $2,873.94, and WHEREAS funding for this expense was not included in the 2024-2025 General Fund budget, Village Board of Trustees October 9, 2024 NOW THEREFORE BE IT RESOLVED that the Village Board hereby authorizes the Village Treasurer to transfer $2,873.94 from Contingency Account A1990.4000 to the following account: A7020.4000 – Recreation Administration - Contractual: $2,873.94 Resolution #199-2024 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 State of New York Unified Court System is soliciting applications from local governments under the Justice Court Assistance Program (JCAP) to assist local Justice Courts with needed equipment, automation, furniture, supplies and training, and WHEREAS the funding available under the JCAP would facilitate local efforts in upgrading the Court’s transcription equipment, as well as the replacement of the metal detector, NOW THEREFORE BE RESOLVED that the Board of the Village of Croton-on-Hudson authorizes the Croton-on-Hudson Village Court to apply for a JCAP grant in the 2024- 2025 grant cycle up to $30,000. 11. PUBLIC COMMENTS ON NON-AGENDA ITEMS: Michael Mamone, 19 Young Avenue, Croton on Hudson, once again asked that the sound system be upgraded, it is imperative to fix the parking issues on Young Avenue because fire trucks are unable to navigate Young Avenue, believes the sidewalk at the circle was not necessary, it benefitted a few property owners, yet he had to fix his sidewalk at his own expense, and asked the Village to enforce our dog ordinance. Ed Riely, 110 Truesdale Drive, Croton on Hudson, thanked Village Manager Healy for giving him straight answers to his questions, asked what the Village makes from the Kayak agreement, who owns parking LOT A and who owns the other parcel, would like details on the employee contracts, addressed the ongoing issues with the County’s Sewer Treatment plant which, in his opinion, is one of the biggest polluters, talked about housing prices in Westchester which are slightly lower than they were in 2008 and blamed the housing problems on politicians who controlled the housing policy in the United States that gave mortgages to people who could not afford them and these are the same people telling us we have a Village Board of Trustees October 9, 2024 housing crises and how it should be solved. Mr. Riely asked the Board to explain what the income requirements are for these affordable housing units. Gary Eisinger, 210 Cleveland Drive, Croton on Hudson, stated that he is concerned that the 1 Half Moon Bay project will be coming back and urged the Board to be more transparent with regards to discussions with the proposed developer and asked that the Board incorporate community feedback as we move forward developing this large track of land that will have impacts on many of our lives, he also asked that the Village improve the microphones so that people can hear better. Motion to approve the minutes of an Executive Session-Session 1 held on August 21, 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 an Executive Session-Session 2 held on August 21, 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 as amended of the Regular Meeting held on September 11, 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 as amended of the Special Meeting held on September 18, 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 as amended of the Work Session held on September 25, 2024, was made by Trustee Simon. The motion was seconded by Trustee Politi and approved with a 5-0 vote. QUARTERLY DEPARTMENT REPORTS: 10/7cd4e4bd549d1b655f10c9dd1fdf09b73749094f.pdf Justice Court https://play.champds.com/ATT/crotononhudsonny/2024- 10/f16d51c6a941a111bc6020db7657fea6ba8af99c.pdf Recreation Department Village Board of Trustees October 9, 2024 https://play.champds.com/ATT/crotononhudsonny/2024- 10/78d211739f3ab4e53b871f1ba047f5475a7e5770.pdf Engineering Department https://play.champds.com/ATT/crotononhudsonny/2024- 10/f2a1f51f0c72889eb1e5e431dc76ddbfc4bf30cf.pdf Manager’s Office https://play.champds.com/ATT/crotononhudsonny/2024- 10/f412d4126b9f413abdf53e58397b43b5d8fc8c4d.pdf Clerk’s Office https://play.champds.com/ATT/crotononhudsonny/2024- 10/f412d4126b9f413abdf53e58397b43b5d8fc8c4d.pdf Police Department https://play.champds.com/ATT/crotononhudsonny/2024- 10/45fa397c7bdcfae350c721290a2cdd35a91ba388.pdf Parking Enforcement https://play.champds.com/ATT/crotononhudsonny/2024- 10/22a830fc44ce13ab9b97e7ce8fa71dce883ce116.pdf 12.REPORTS: Trustee Nicholson thanked everyone for coming out this evening to share their comments and looks forward to going over some of the questions that were asked, suggested that we put a communication out to the community about Bennedict Circle so that everyone can understand the vision, thanked the Fire Department for hosting a great Fire Fair, the Conservation Advisory Committee will be holding a “Dark Skies” information session at the library on October 29th. Trustee Simon encouraged everyone to come to Village Hall to see the “Croton 100” quilt that is hanging on the second floor, thanked those who came to the “New York Forward” Town Hall on September 23rd, we received a lot of great ideas and the team is working on the application, the HEART Committee met on September 26th and will have an announcement soon on who the first Croton Honoree will be, attended the Waterfront Advisory Committee Meeting on September 26th, thanked the Croton Clean Committee for collecting 250 pounds of trash from Senasqua Park and the Croton River, the Croton Rotary held a very successful car show, the Planning Board met on October 1st and addressed an ADU on Hastings Avenue as well as the Battery Energy storage system at Croton Auto Village Board of Trustees October 9, 2024 Park, last Friday DPW along with members of the community put together a Bocce Court in Black Rock Park, thanked Metro North for putting on a fun Family Day, thanked Adam Bosh for speaking at the Patterns for Progress meeting, attended the ribbon cutting this afternoon for Ossining’s Bike Share program, and advised that Welcome Wagen Pot Luck will be held this Sunday at 12:00pm at Senasqua Park. Trustee Murtaugh gave an update of the 25 South Riverside project: the building will be three stories within the 35-foot height requirement; the foundation is in place; the structural steel which will support the first-floor deck is being prepared; they are installing the re-bar which will reinforce the poured concrete, which will support the first floor and the ceiling of the parking garage; the inspection of the re-bar should be happening very soon; the rest of the building will be steel framing; expected occupancy is the second or third quarter of 2026; the Village currently receives $37,000 in taxes, when the property is fully built out the taxable rate to the Village will be many multiples of $37,000, the project will be 90% market rate, 10% affordable and rentals. Trustee Murtaugh advised that the cost of the granite at the Gotwald Circle was $24,000 and expressed his disappointment that a resident misspoke about that amount even after he gave the resident the correct number. Trustee Politi stated that the design of the LOT A project is still under discussion, and we are at the beginning of the process, Octoberfest was a great event and well attended, advised that 140 Grand is closing and encouraged everyone to support our local businesses, and welcomed all our new neighbors who have moved into Maple Commons. Village Manager Healy stated that he will bring the Kayak revenue to the next meeting, LOT A is owned by the Village, the 2nd parcel is owned by a private entity and the third parcel is owned by the Village and is leased to a private entity, the Teamsters Contract can be viewed on line, for the years 2022-2027 there is a 14% raise over five years, the sewerage treatment plant is a County question but if the Board wants him to reach out to them, he can do that, will look into benches for the Bocce Court, the Benedict Circle was a project that was in the Bicycle Pedestrian Committee’s plan, it was done for traffic calming measures and safety, the project was also paid with CHIPS funds. There being no further comments to come before the Board, a motion to close the meeting was made by Trustee Simon. Motion was seconded by Trustee Politi and approved with a 5-0 vote. Meeting adjourned at 10:02pm. October 9, 2024 Respectively submitted, Judy Weintraub, Board Secretary ___________________________ Paula DiSanto, Village Clerk