The Village of Ossining, NY

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VILLAGE OF OSSINING

VILLAGE BOARD OF TRUSTEES - REGULAR MEETING

86-88 SPRING STREET

OSSINING, NEW YORK

OCTOBER 7, 2003 - 7:30 P.M.

MAYOR

John Perillo

BOARD OF TRUSTEES

Miguel Hernandez Marcia MacNeill

Eugene Napolitano Anthony Parise

I. CALL TO ORDER

The Regular Meeting of the Board of Trustees was held in the Police/Court Facility 86-88 Spring Street, Ossining, New York 10562. Mayor John Perillo called the meeting to order at 7:32 P.M. Members of the Board present were Trustee Napolitano, Trustee MacNeill, Trustee Parise and Trustee Hernandez. Others present were Village Manager Lynn McCrum, Corporation Counsel Richard A. Leins, Police Chief Joseph Burton and Village Clerk Mary Ann Roberts.

II. PUBLIC HEARING - Continuation of Introductory Local Law 6 of

2003 - WD-2 (Waterfront Development) ZONING

The Public Hearing was opened at 7:32 P.M.

Don Debar, 87 Ferris Place, requested that a full environmental be done. Corporation Counsel stated that a full environmental review was done in 1990. The Planning Consultant identified typographical errors and requested that they be corrected. Mr. DeBar requested that the Board hold off on the vote.

Linda Caruso, Village resident, stated that this was spot zoning. Mayor Perillo responded that it was not spot zoning and was not being done to accommodate any particular project.

Steven Kern, 7 Waller Avenue, stated that the Environmental Review might not be valid since 13 years has gone by. Mayor Perillo stated that he would share a letter dated September 2, 2003 from Frederick P. Clarke stating that the environmental review is valid.

At 8:00 P.M. Trustee Napolitano moved and it was seconded by Trustee Hernandez that the Public Hearing be closed.

III MAYOR'S ANNOUNCEMENTS

There is a sign located in front of the Mayor "Just Say Hello". This is a positive campaign to have a friendlier community. The Columbus Lodge is sponsoring an Italian Feast on October 1lth and 12th which will be held in Harbour Square. The last Italian Feast was held in 1961. The "Wecandoit Wall" parking lot will be open within a week. The 44-car lot was constructed with 95% volunteer work. The actual wall will be re-installed along the side of the lot. The budget process is underway. The upper level of the train station is now signed, "No stopping on the North side and the South side as just a drop off zone. Ticketing is now in place. The Racinelli building is moving along with the placement of structural steel. The building project will be completed in 14-16 months. The Cannouchio Building No.2 is underway. Lt. McElroy and the Mayor are working on a new Taxi Ordinance. A meeting with the DOT was held in Sandy Galef's office and a permit for the Pedestrian signs will be filed with the DOT. There will be a meeting with Harbor Square Management to discuss the LADA.

There is zero tolerance for drugs by the Board. The Mayor thanked the rank and file for their hard work in drug enforcement. Summonses are being issued for placing garbage out the wrong day. The streetscape project from St. Paul's to Academy Place is underway. Paving money has been re-allocated to cover projects in the southern end of the Village. There will be discussion with Corporation Counsel concerning the Pooper Scooper law at a work session. The Mayor received a check for $300 from Golden Agers No. 1 Club to help fund the Beautification Program.

IV. SPECIAL PRESENTATIONS

·

Westerly Marina was established in 1959 and has provided 44 years of service to our community. The DeMarchis family was present to receive this award. The DeMarchi's have been married since 1944 and are the proud parents of 4 sons and 8 grandchildren. Westerly Marina Day will be celebrated on October 8, 2003.

V. EMPLOYEES OF DISTINCTION

·

Roland Leonard began his career on March 12, 2001 as a laborer and is a life long resident with three sons. He is described as a dedicated employee who serves our community well. October 10, 2003 is dedicated as Roland Leonard Day in the Village of Ossining. Roland thanked the Board, Linda Abels, Lynn McCrum, Joe Burton and Lt. Craven.

·

Paul Stymiloski was hired as a Police Officer on September 27, 1980. Paul is the unofficial greeter of speeders in the Village of Ossining. He is known for his bravery and courage. Paul accepted his award with his wife by his side and October 9, 2003 has been dedicated as Paul Stymiloski Day. Paul takes pride in the fact that the accident rate is down. He makes sure that the police cars are certified in Albany and that all of the equipment is certified.

VI. VILLAGE BOARD LIAISON REPORTS

Trustee Parise - No report

Trustee Hernandez announced Treasures of Asia has recently opened at 123 Main Street. Mai Lin has many interesting items for sale. In 1968 President Gerald Ford designated 30 days from September 15 to October 15 as Hispanic Heritage month. Trustee Hernandez gave a brief description of the many contributions Hispanics made in this nation. Paul Orta, a resident of Ossining is listed on the Vietnam Wall.

Mayor Perillo stated that a program should be developed to place special displays in a public building.

Trustee MacNeill thanked Trustee Hernandez for giving the brief Hispanic History of Hero's. The State Street Firehouse bid opening will be held on October 8, 2003. As far as the Hawke's Avenue Firehouse, the Environmental Impact Study has commenced.

Trustee Napolitano had no report but thanked Trustee Hernandez for his comments.

VII. ADMINISTRATIVE REPORTS

1. Village Manager - Lynn McCrum reminded the residents that there was a change in the sanitation schedule due to the Columbus Day Holiday. The Village Project Up-date Report is located in the Village Manager's office and the Village Clerk's office for review.

2. Police Chief - Joseph Burton announced that Patrolman James Kastanis left for Iraq for a year's time. Patrolman David Whitney has just returned from active duty. There was an MS bike ride with the police family participating. An arrest warrant has been issued for the hit and run driver at Todd Place.

3. Corporation Counsel - Richard Leins has been very busy in Village Hall.

VIII. VISITOR RECOGNITION

Ann Perron, Seneca Road, discussed an article that appeared in the North County News about the Village being locked into negotiations with Cappelli. Trustee Napolitano explained that this is not true and stated case

 

 

IX. VILLAGE BOARD RESOLUTIONS

A. Approval of Minutes

Trustee Napolitano moved and it was seconded by Trustee MacNeill that the following resolution be adopted:

RESOLVED, that the Board of Trustees of the Village of Ossining approves the Minutes of the September 16, 2003 Regular Meeting as presented.

Motion Carried: Unanimously

B. Approval of Voucher Detail

Trustee Hernandez moved and it was seconded by Trustee MacNeill that the following resolution be adopted:

RESOLVED, that the Board of Trustees of the Village of Ossining approves the Voucher Detail dated October 7, 2003 in the amount of $ 416,800.65.

Motion Carried: 4-0-1

Ayes: Trustees Napolitano, MacNeill

Parise & Hernandez.

Abstain: Mayor Perillo

C. Fire Department - Appointment - Ossining Steamer Company No. 1

Trustee Napolitano moved and it was seconded by Trustee Parise that the following resolution be adopted:

RESOLVED, that upon the recommendation of the Fire Chief, Richard Kavy, 4 Grace Lane, Ossining, New York was elected to active membership of Ossining Steamer Company No.1, for interior and exterior fire fighting at their monthly meeting held on August 7, 2003.

Motion Carried: Unanimously

D. Fire Department - Appointment - Ossining Steamer Company No.1

Trustee MacNeill moved and it was seconded by Trustee Napolitano that the following resolution be adopted:

RESOLVED, that upon the recommendation of the Fire Chief, Mark Brown, 24 Ellis Place, Ossining, New York was elected to active membership of Ossining Steamer Company No. 1, for interior and exterior fire fighting at their monthly meeting held on August 7, 2003.

Motion Carried: Unanimously

E. Fire Department - Appointment - Holla Hose Company, No. 5

Trustee Napolitano moved and it was seconded by Trustee Hernandez that the following resolution be adopted:

RESOLVED, that upon the recommendation of the Fire Chief, Kijuan Dungie, 8 Broad Avenue, Ossining, New York was elected to active membership of Holla Hose Company, No. 5, for interior and exterior fire fighting at their monthly meeting held on September 8, 2003.

Motion Carried: Unanimously

F. Adoption of Local Law No. 7, 2003 (Introductory Local Law No. 6, 2003) - WD-2 Zoning Amendment

Trustee Napolitano moved and it was seconded by Trustee Hernandez that the following resolution be adopted:

 

WHEREAS, in researching the adoption of the 1990 Zoning Law, it has come to the attention of the Board of Trustees that an oversight occurred in connection with the adoption of the Zoning Law which effectively eliminated certain conditional uses intended to be permitted in the WD-2 Waterfront Development District-East Side of the Railroad Tracks, upon the approval of the Village of Ossining Planning Board; and

WHEREAS, the stated objectives of the WD-2 Zoning District are to permit a mix of residential and certain non-residential uses; however, Section 270-22B(1) of the 1990 Zoning Law omitted new residential uses including new construction of multiple dwellings with up to two bedrooms, even though the district allows for maximum net residential density of 18 dwelling units per acre, and also omitted motels, motor inns, hotels and conference centers from the conditional uses permitted in the district upon Planning Board approval, all of which uses were originally intended to be included in such District; and

WHEREAS, the report and recommendations prepared by Frederick P. Clark Associates, Inc., Planning Consultants, dated June 17, 1994 noted that those uses were omitted from the WD-2 Zoning District and recommended that Section 3.14.4.1 (d) of the old Code, now Section 270-22B(1) entitled "Conditional Uses Permitted Upon Approval of the Planning Board in Accordance with Article X" be corrected to read and provide, "All of those uses allowed under 3.13.1.1(now 270-21B), and those uses allowed under 3.13.1.2 (now 270-21C) to restore those uses as conditional uses permitted upon approval of the Planning Board; and

WHEREAS, in reviewing the proceedings conducted to adopt the 1990 Zoning Law and the Report prepared by Frederick P. Clark Associates, Inc., the Board of Trustees is satisfied that the omission of the aforesaid conditional uses was inadvertent and not deliberate and that in order to address the omission, an amendment to the Zoning Law is required; and

WHEREAS, pursuant to Section 270-62 of the Zoning Law, on June 17, 2003, the Board of Trustees referred the proposed amendment to the Zoning Law to the Planning Board for its review and Report thereon; and

WHEREAS, on June 24, 2003, the Planning Board rendered its report on the proposed zoning amendment, and did unanimously recommend in favor of the said Zoning Amendment, finding among other matters that it was consistent with the aims, principles and objectives as stated in the WD-2 Zoning Section and further that the proposed change would more fully implement and effectuate the stated purposes and goals of the WD-2 Zoning Section; and

WHEREAS, in report dated September 2, 2003, Frederick P. Clark Associates, Inc. reiterated their previous findings with respect to the subject Zoning Section, found that the full range of uses as contemplated for the WD-2 District are essential to achieving the stated intent, purpose and success of the WD-2 District, and recommended the adoption of the proposed zoning amendment restoring the omitted uses as being consistent with the intent of the Zoning Law; and

WHEREAS the draft zoning amendments which incorporated the WD-2 zoning amendments, were subject to a full environmental review in accordance with SEQR, including: the preparation of a Draft Generic Environmental Impact Statement, a public hearing process on same, the preparation of a Final Generic Environmental Impact Statement, including public review and comment and the preparation and adoption of a Findings Statement concluding the SEQR process, and a finding that the proposed amendments were consistent with the Local Waterfront Revitalization Plan, consistent with the Village of Ossining Comprehensive Plan and would be protective of the environment and not result in significant adverse impacts; and

WHEREAS, the Board of Trustees is satisfied that the circumstances which led to the creation of the WD-2 Zoning District still exist and are relevant today, that the full range of uses originally contemplated for the District are essential to achieving the stated intent, purpose and success of the district, that the SEQR review conducted in 1990 is relevant and valid today and is inclusive of the impacts of the proposed local law correcting the inadvertent omission of the subject uses, and that the proposed uses incorporated in the proposed Zoning Amendment are in the best interest of the Village and the environment;

NOW THEREFORE BE IT RESOLVED that the Board of Trustees does reiterate the findings made in the SEQR process that the proposed zoning amendments, including the ones incorporated in the proposed Local Law are consistent with the Local Waterfront Revitalization Plan, the Village Comprehensive Development Plan, and are protective of the environment, and will not result in significant adverse impacts;

NOW THEREFORE BE IT RESOLVED, the Board of Trustees of the Village of Ossining, hereby adopts Local Law No. 7 - 2003 as follows:

LOCAL LAW NO. 7, 2003

A LOCAL LAW amending Chapter 270 of the Village Code of the Village of Ossining, entitled, "Zoning," Section 270-22 B, "Conditional Uses Permitted upon Approval of the Planning Board in accordance with Article X," Subdivision (1) thereof, to allow all uses enumerated in Section 270-21 C, in a WD-2 Waterfront Development District-East Side of Railroad Tracks, in order to correct an oversight that occurred in connection with the adoption of the Village Zoning Law.

BE IT ENACTED by the Board of Trustees of the Village of Ossining, as follows:

Section 1. Intent. A. In researching the adoption of the 1990 Zoning Law of the Village of Ossining, it has come to the attention of the Board of Trustees that an oversight occurred in connection with the adoption of Zoning Law which effectively eliminated certain conditional uses intended to be permitted in the WD-2 Waterfront Development District-East Side of Railroad Tracks, upon the approval of the Village of Ossining Planning Board. The stated objectives of the WD-2 Zoning District are to permit residential and certain non-residential uses. Section 270-22B(1) of the 1990 Zoning Law omitted new construction of multiple dwelling units with up to two bedrooms and motels, motor inns, hotels and conference centers from the conditional uses permitted in the district upon Planning Board Approval.

B. The report and recommendations prepared by Frederick P. Clark Associates, Inc., dated June 17, 1994 noted that those uses were omitted from the WD-2 Zoning District and recommended that Section 3.14.4.1(d) of the old code, now Section 270-22B(1) entitled, "Conditional Uses Permitted Upon Approval of the Planning Board in Accordance with Article X," be corrected to read and provide, "All of those uses allowed under 3.13.1.2 (now 270-21B), and those uses allowed under 3.13.1.2 (now 270-21C), to restore those uses as conditional uses permitted upon approval of the Planning Board.

C. In connection with a review or the proceedings conducted to adopt the 1990 Zoning Law and the Report prepared by Frederick P. Clark Associates, Inc., the Board of Trustees is satisfied that the omission of the aforesaid corrections to the Zoning Law was inadvertent and not deliberate and that in order to address the omission, the following amendment to the Zoning Law is required.

Section 2. Section 270-22B of the Zoning Law of the Village of Ossining, entitled, "Conditional Uses permitted upon approval of the Planning Board in accordance with Article X," Subdivision 1, is hereby amended to read and provide as follows, with matter to be deleted in [brackets] and new matter underlined:

270-22 B. Conditional Uses permitted upon approval of the Planning Board in accordance with Article X. The following conditional uses are permitted subject to approval of the Planning Board in accordance with Section 270-54 hereof, and subject to the requirements specified below and elsewhere in this Chapter, including site development plan approval in accordance with Section 270-55.

(1) All of those uses allowed in Section 270-21 B (1) through (6) and those uses allowed under Section 270-21 [B] C (1) through [(4)] (6).

Section 3. All of the other provisions of Section 270-22 B shall remain the same.

Section 4. This Local Law shall take effect immediately upon posting and publishing as required by law.

Motion Carried: 4 - 0 - 1

Roll Call Vote:

Ayes: Trustees Napolitano,

MacNeill, Parise & Mayor

Perillo.

Abstain: Trustee Hernandez

G. Green Waste Transfer Station - SEQRA - Negative Declaration

Trustee Napolitano moved and it was seconded by Trustee MacNeill that the following resolution be adopted:

Whereas, the Village of Ossining Board of Trustees is considering extending the existing Intermunicipal Agreement (IMA) between the Village of Ossining and Westchester County to continue to operate a green waste transfer station; and

Whereas, the subject is located on Water Street, Village of Ossining, Westchester County, New York; and

Whereas, the proposed action is an Unlisted Action, pursuant to SEQR 6 NTCRRR Part 617; and

Whereas, plans and information prepared and considered in support of the proposed action include:

Short Environmental Assessment Form, as prepared by Rocco Circosta, dated August 22, 2003.

Whereas, the Village Board of Trustees has considered the Short Environmental Assessment Form and other materials submitted in support of the proposed Unlisted Action; Now therefore be it

Resolved, that the Board of Trustees of the Village of Ossining, pursuant to SEQR 6 NYCRR Part 617, hereby determines that the proposed Unlisted Action will not have a significant effect on the environment (Negative Declaration) and that preparation of an Environmental Impact Statement will not be required.

Motion Carried: Unanimously

H. IMA - Westchester County - Green Waste Transfer Station

Trustee Napolitano moved and it was seconded by Trustee MacNeill that the following resolution be adopted:

Resolved, that the Board of Trustees of the Village of Ossining hereby authorizes the Village Manager to enter into an agreement with the Westchester County Department of Environmental Facilities for the Organic Yard Waste Transfer Program, the term of this agreement shall commence on April 1, 2003 and will expire on March 31, 2008.

Motion Carried: Unanimously

I. Calling for a Public Hearing on Introductory Local Law No. 8, 2003 - Overnight Parking

Trustee Napolitano moved and it was seconded by Trustee MacNeill that the following resolution be adopted:

RESOLVED, that the Board of Trustees of the Village of Ossining hereby calls for a Public Hearing to be held on Tuesday, October 21, 2003 at 7:30 p.m. in the Police/Court Facility, 86-88 Spring Street in the matter of Introductory Local Law No. 8 of 2003 as follows:

Introductory Local Law 8 - 2003

VEHICLES AND TRAFFIC

A LOCAL LAW amending Chapter 250 of the Village Code of the Village of Ossining entitled, "Vehicles and Traffic" Article III Section 250-29 "Overnight Parking" Subsection G "Termination of hardship exemption".

BE IT ENACTED by the Board of Trustees of the Village of Ossining, as follows:

Section 1. Chapter 250 Article III Section 250-29 "Overnight Parking" Subsection G entitled "Termination of hardship exemption" is hereby amended to read and provide as follows, with matter to be deleted in [brackets] and new matter underlined:

G. Termination of hardship exemption. Any exemption granted pursuant to the provisions hereof shall be valid for a period of one [two] year[s] from the last day of the month of issuance; provided, however, that such exemption shall be null and void upon the sale, transfer or other conveyance of title to such vehicle, the suspension or revocation of the applicant’s drivers license or vehicle registration or the cancellation of insurance for the vehicle.

Section 2. Except as herein modified all other portions of Chapter 250

"Vehicles and Traffic" Section 250-29 shall remain the same.

Section 3. This Local Law shall take effect immediately upon publishing and posting as required by law.

Motion Carried: Unanimously

J. Certiorari - Payment - Arcadian Gardens, Inc.

Trustee Napolitano moved and it was seconded by Trustee Hernandez that the following resolution be adopted:

WHEREAS, certain tax certiorari proceedings were instituted against the Town of Ossining by Arcadian Gardens, Inc. to review the assessment against Petitioner’s property situate at South Highland Avenue in the Village of Ossining and designated as Section 3, Plate 29, Block 73, Lots 2C and 2D (currently 2.1) for the assessment years 1992, 1993, 1994, 1995, 1996, 1997, 1998, 1999, 2000 and 2001 for the 1993, 1994, 1995, 1996, 1997, 1998, 1999, 2000, 2001 and 2002 taxes, which said proceedings are now pending in the Westchester County Supreme Court under Index Nos. 17844/92, 18893/93, 17507/94, 17211/95, 17324/96, 14977/97, 16529/98, 14658/99, 15034/00 and 14677/01; and

WHEREAS, the Village of Ossining ceased being a tax assessing unit in 1989 and now adopts the Town of Ossining Assessment Roll for the Village of Ossining as prepared by the Assessor of the Town of Ossining for all subsequent years; and

WHEREAS, an Order and Judgment was entered in favor of the Petitioner Arcadian Gardens, Inc. against the Town of Ossining correcting, fixing and reducing the assessed valuations of the aforesaid real property and the improvements situate thereon, as set forth in Schedule "A" annexed hereto; and

WHEREAS, the aforesaid Order and Judgment, among other things, directs the Village of Ossining to audit and pay to the Petitioner the amount of overpayment of real estate taxes determined in accordance with the assessments fixed and determined by said Judgment in the amount of $50,832.28, as set forth in Schedule "A"; and

WHEREAS, any and all refunds of taxes necessitated by said Order and Judgment are to be made without interest if paid within 60 days after service upon the Village of a certified copy of said order;

NOW THEREFORE, BE IT RESOLVED that the Board of Trustees of the Village of Ossining upon certification by the Village Treasurer that all of the aforesaid taxes have been paid, hereby authorizes and directs the Village Treasurer to make the payment of such refund of real property taxes due to McCarthy, Fingar, Donovan, Drazen & Smith, L.L.P., as attorneys for the Petitioner, Arcadian Gardens, Inc., as required by said Order and Judgment; and it is further

RESOLVED, that the Village Treasurer shall make a notation in the margin of the Assessment Rolls of the Village of Ossining that said assessments were reduced and payment of a refund of the overpayment of real property taxes was made pursuant to said Order and Judgment.

Motion Carried: Unanimously

K. Resolution - Military Service Compensation James T. Kastanis

Trustee Napolitano moved and Trustee MacNeill that the following resolution be adopted seconded it:

Whereas, as a result of Operation Iraqi Freedom, Police Officer James T. Kastanis was called to active military duty; and

Whereas, the Board of Trustees has determined as a matter of public policy Village employees called to temporary military service in defense of their country should not have to bear any financial penalty as a result of said service; and

Whereas, Police Officer James T. Kastanis police salary for the year 2003 is currently $ 5,621 per month and his military pay while on activity duty will be $1,824 per month; now therefore be it

Resolved, that commencing with the pay period beginning October 2003 the Village of Ossining shall pay Police Officer James T. Kastanis the sum of $3,797.00 per month, or the difference between his military pay and Village pay as determined by the 2003 - 2007 Ossining Policemen’s Benevolent Association contract, during the period of his active military service.

Motion Carried: Unanimously

L. Police Department - Appointment

Trustee Napolitano moved and Trustee Hernandez that the following resolution be adopted seconded it:

Resolved, that the Board of Trustees of the Village of Ossining, hereby appoints Richard Damien to the position of Police Sergeant in the Village of Ossining Police Department at an annual rate of $77,569. This appointment takes effect on Wednesday, October 8, 2003.

X. OLD BUSINESS OF THE BOARD

There was no old business.

XI. NEW BUSINESS OF THE BOARD

XII. ADJOURNMENT

At 11:26 P.M., Trustee Napolitano moved and Trustee Hernandez that the regular meeting be adjourned in memory of Hank Kaufman seconded it. The Board would then go into Executive Session to discuss matters of litigation.

 

 



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