Town of Yorktown, NY - Town Board Minutes 04/04/2006

WHEREAS libraries enable individuals to make informed decisions about their self-governance by promoting unrestricted access to information and by serving as community centers for lifelong learning and;

WHEREAS in a world undergoing constant change, libraries provide enduring connections to the past and future of our communities, nations and civilizations and;

WHEREAS the expansion of electronic networks linking libraries and their resources makes possible better and more easily accessible information for library users around the world and;

WHEREAS libraries provide entry to important research about health, economics, housing, the environment and countless other areas to support better living conditions and to help people live longer, more productive and fulfilling lives and;

WHEREAS libraries support a competitive workforce with basic literacy programs, computers and other resources to help children and adults learn to find, evaluate and use information they need for their jobs, health, education and other needs and;

WHEREAS many libraries offer pre-school story hour and summer reading programs to encourage children to begin a habit of reading that will serve to benefit their personal and professional lives;

NOW, THEREFORE, BE IT RESOLVED that I, Linda G. Cooper, along with the Town Board, proclaims April 2-8, 2006 National Library Week and urges everyone to visit libraries and thank a librarian for making this unique and wonderful institution possible.

Mrs. Patricia Barresi, Director of the John C. Hart Memorial Library and Mary Connelly, President of the Friends of the John C. Hart Library accepted the proclamation.

Mrs. Barresi stated that today’s library is not like the library that most of us visited as a child. The Hart Library which is the fifth largest in circulation in Westchester County in addition to books, is equipped with computers for people wanting to use the internet, with DVD’s and audio books. We have an afternoon program called “Teacher in the Library” . Two certified teachers are on duty every day to help children with their homework.

Mrs. Connelly, President of the Friends of the Library stated that her organization is always looking for new volunteers. We use money from fund raisers and our annual dues to pay for things such as the room darkening shades in the community room as well as the Library Concert Series.

WHEREAS a community draws its spirit, strength and values from the concern and commitment of all the individuals and organizations serving within its boundaries, a strength measured in national pride that has enabled Yorktown to grow and prosper; and

WHEREAS by calling attention to the need for high-quality early childhood education and care for children and families in our community, the Country Children’s Center hopes to improve the quality and availability of such services; and

WHEREAS the Week of the Young Child has been designated as April 2 through April 8, 2006 by the Washington, D.C. based National Association for the Education of Young Children.

NOW, THEREFORE, BE IT RESOLVED, that the Town of Yorktown hereby acknowledges and celebrates the Week of the Young Child and salutes The Country Children’s Center for establishing quality child care facilities that emphasize cultural enrichment and after-school programs of excellence for children.

Jean Nathanson, Director of the Country Child Care Center at IBM accepted the proclamation. She stated that her organization is a not for profit organization serving Northern Westchester. They have sites in Katonah and Bedford Hills. They also have an after-school program in the Katonah-Lewisboro School District.

Kim Angliss, a representative of the Department of Environmental Conservation along with two interns spoke about the Battle of Yorktown, Recycling and the Adopt A Road Program.

Samantha Alessi and Liz Polcha, students from the Yorktown High School stated that they received two new adopt a road contracts this year. Honey Do This adopted one mile along Granite Springs Road. Calvalho Landscape adopted one mile along Old Crompond Road. Ten contracts have been renewed. The Town has 31 active adopt a road contracts.

Kim Angliss stated that the Town’s annual campaign against litter, The Battle of Yorktown is scheduled for Saturday, April 22^nd which is Earth Day. Over the past eleven years, residents have picked up more than 310,000 pounds of litter. Last year, 629 people participated in the town-wide cleanup program. Ms. Angliss also reviewed the Town’s recycling program.

DURING HER REPORT TO TOWN , SUPERVISOR LINDA G. COOPER spoke about the musical Oliver which will be presented for a second time this coming weekend at Yorktown Stage.

Councilman Metz spoke about his visit to Brookside School where the youngster told him what they would like to see in Yorktown. The list included fewer cars, an electronics store and Outback Restaurant.

Mr. Nicholas DiTomasso, a member of the United Taxpayers of Yorktown (UTY) his group was partially responsible for getting residents to vote down the proposal by the Yorktown Central School Board for a $51 million bond. He also spoke about the last meeting of the UTY

Mr. Anthony Delesandro a member of the Yorktown Central School District Board stated that they are working on the new budget. Right now, the proposed increase is 4.8%.

Supervisor Cooper called to order a public hearing to consider a proposed Local Law amending Section §300-38 “Accessory dwelling units in single family homes,” of Chapter 300 of the Code of the Town of Yorktown, by amending certain conditions under which accessory dwelling units can exist in a single family dwelling. The Town Clerk presented affidavits of printing and publication.

Supervisor Cooper stated that this amendment to the accessory apartment law comes out of comments made during meetings on the Comprehensive Plan.

Mr. John Tegeder, Director of Planning gave an overview of the law. Right now, new homes are not eligible for a special permit for five years. This proposal would reduce the wait time to one year. The proposal also eliminates the requirement that the home owner live in the larger unit.

Accessory apartments are only permitted in zones with a minimum of one acre. Currently the Town of Yorktown has special permits for 250 accessory dwellings.

Mr. Tegeder could not answer that question. The only increase that he could think of would be to the tax assessment if there was an improvement to the structure.

Mr. Ken Belfer, Chairman of the Yorktown Community Housing Board stated that an overriding concern for his Board is to see how we can make it easier for seniors to stay in the Town. Westchester County provides assistance to homeowners who might want to make an affordable accessory apartment. Our concern is that the proposal is not flexible. While it reduces the wait from five years to one year for new homes, the Community Housing Board would like to see more flexibility. Mr. Belfer suggested that the language remain at one year, but have exceptions built into the law such as the need to create a dwelling for a senior citizen, for a family member, or for a disabled family member.

Councilman Campisi asked if the Church of the Nazarene would be in charge of the construction of the residential units on the site of its church?

Pastor David Oliver read from a prepared statement which he says has the full support of the Council of Clergy of the Town of Yorktown. The proposed local law would not help a project which he brought before the Town Board in December and appeared to be supported by the Board. Four single family affordable homes, each with a senior-accessible apartment. The proposed site is thirteen acres.

Town Clerk Alice Roker stated that the purpose of affordable housing should be to insure that Yorktown remains a community of diversity, a community where seniors are as well as yuppies.

Town Clerk Roker also read a letter from Albert Capellini, a copy of which is on file, stating that the amendment would permit “inter alia” an accessory apartment above an accessory structure such as a garage in the lower density zones. This is a marked departure from the original intent of the law which permitted accessory apartments only in the main dwelling itself.

Nancy Bursel, a representative of the Westchester Housing Council stated that her group was non-profit and has been in business for more than twenty five years. They provide technical and administrative assistance to non profit groups. They are involved with the project on property owned by Church of the Nazarene. They want to remain a good neighbor. The current zoning is one acre. They are planning to build four single family units with an affordable rental. They do not know who the developer will be. The Council sees this as a modest proposal.

Mr. Anthony Grasso, former Town Council also spoke in opposition to the law stating that the current law works well. He explained that people could build a home, construct an affordable dwelling which adds children to the school district but does not contribute additional taxes. He suggested that the current moratoriums should remain. He also suggested that Town Board members attend more school board meetings.

Councilman Bianco read from a prepared memorandum dated April 3^rd, a copy of which is on file in the Town Clerk’s Office. The memorandum went to the Lakeland School District as well as the Yorktown School District. It asks for comments on the proposed local law. Councilman Bianco stated that Lakeland Superintendent has asked for more time to study the amendment. He also asked that the Town Board adjourn the hearing.

Mr. Nick DiTomasso stated that it appears that everyone is in agreement that this would have an effect on the taxpayers of Yorktown. He further stated that this would require the Town to provide additional services without getting additional funds.

All those present having been given the opportunity to be heard and there being no further discussion the hearing was adjourned. Councilman Bianco motioned, seconded by Councilman Campisi.

Supervisor Cooper called to order a public hearing to consider a proposed Local Law amending Section §300-54 “Social, cultural, and recreational nonprofit uses,” of Chapter 300 of the Code of the Town of Yorktown, by adding religious and charitable uses to require a special permit under this section and by adding certain bulk, dimensional, and operational standards that govern such uses under this same section. The Town Clerk presented affidavits of printing and publication.

Planning Director John Tegeder stated that this amendment would require religious and charitable institutions to obtain. This also contains a requirement that exterior lights, other than those needed for security) shall not be on after 12pm except during religious services. The amendment also places a limit on lot coverage. This proposal will not effect any institutions currently in the Town of Yorktown.

All those present having been given the opportunity to be heard and there being no further discussion the hearing was closed. Councilman Bianco motioned, seconded by Supervisor Cooper.

WHEREAS a public hearing was held on the 4th day of April, 2006 pursuant to notice duly published as required by law to amend the Zoning Code with Respect to Charitable and religious Institutions.

John Tegeder explained that this proposal represents housekeeping issues. In certain parts of the code, we continue to label industrial zones as M instead of the new classification of I which was adopted during the Comprehensive Plan public hearing.

All those present having been given the opportunity to be heard and there being no further discussion the hearing was closed. Councilman Campisi motioned, seconded by Councilman Bianco.

WHEREAS a public hearing was held on the 4th day of April, 2006 pursuant to notice duly published as required by law to amend the Zoning Code with Respect to Industrial Uses and Self-storage Facilities.

RESOLVED that the regular meeting of the Town Board to be held on April 18, 2006 will take place at the John C. Hart Memorial Library located at 1130 East Main Street, Shrub Oak, New York 10588, and will begin at 7:30 P.M.

NOTICE IS HEREBY GIVEN that a public hearing will be held by the Town Board, Town of Yorktown, Westchester County, New York at the John C. Hart Memorial Library, 1130 East Main Street, Shrub Oak, New York on the 18^th day of April, 2006 at 7:30 o’clock PM, or as soon thereafter as the same can be heard, to amend Chapter 10 of the Code of the Town of Yorktown with respect to the Advisory Committee on Traffic Improvement including but not limited to: Section IV: C.

ACTI members shall serve for a term of three years, with staggered terms, and may serve consecutive terms upon approval of the Town Board. The terms of the initial appointees to the Committee will be as follows: three members shall serve three years, three members shall serve two years, and three members shall serve one year. The term of appointment of alternate members shall be specified by the Town Board in the resolution appointing said alternate members.

A copy of the proposed local law concerning the above is on file in the office of the Town Clerk, at the said Town Hall, where the same may be inspected during regular office hours.

BE IT RESOLVED, that Martin McGannon is hereby appointed Wastewater Treatment Plant Operator Trainee from Eligible List No. 02-601 effective April 3, 2006 to be paid from Yorktown CSEA Salary Schedule A, Group 12, Step 4 which is $56,396 annually.

BE IT RESOLVED, that Alfred Pisano is hereby appointed Temporary Laborer in the Environmental Conservation Department effective April 3, 2006 to be paid from Yorktown CSEA Salary Schedule A, Group 5, Step 1 which is $35,608 annually.

BE IT RESOLVED, that Robert Kristoferson is hereby transferred from the Environmental Conservation Department to the Parks Department as Laborer effective April 10, 2006, with no change in salary.

BE IT RESOLVED, that Anthony Romano of Yorktown is hereby re-appointed to the Advisory Board on Architectural and Community Appearance (ABACA) for a three year term expiring on August 31, 2008.

BE IT FURTHER RESOLVED, that Anthony Romano of Yorktown is hereby re-appointed Co-Chairman of the Advisory Board on Architectural and Community Appearance (ABACA).

BE IT RESOLVED, that Mark Connelly of Yorktown is hereby re-appointed to the Advisory Board on Architectural and Community appearance (ABACA) for a three year term expiring on August 31, 2008.

BE IT FURTHER RESOLVED, that Mark Connelly of Yorktown is hereby re-appointed Co-chairman of the Advisory Board on Architectural and Community Appearance (ABACA).

BE IT RESOLVED, that Bill Primavera of Yorktown is hereby re-appointed to the Advisory Board on Architectural and Community Appearance (ABACA) for a three year term expiring on February 28, 2009.

BE IT RESOLVED, that John T. Dillon of Yorktown is hereby re-appointed to the ALS Commission for a two year term expiring on February 28, 2007.

BE IT RESOLVED, that Edward Swart of Yorktown is hereby re-appointed to the ALS Commission for a two year term expiring on August 31, 2008.

BE IT RESOLVED, that Bill Rubin of Yorktown is hereby re-appointed to the Cable Committee for a three year term expiring on June 3, 2008.

BE IT RESOLVED, that Martin Promisel of Yorktown is hereby re-appointed to the Cable Committee for a three year term expiring on June 30, 2008.

BE IT RESOLVED, that Mike Byrnes of Yorktown is hereby re-appointed to the Cable Committee for a three year term expiring on June 30, 2009.

BE IT RESOLVED, that Mark Michael of Yorktown is hereby re-appointed to the Landmarks Preservation Committee for a three year term expiring on May 31, 2009.

WHEREAS, Slack Chemical was notified that their contract was voided and we then exercised our right to go to the next lowest bidder, which is the Nalco Company, NOW, THEREFORE BE IT

WHEREAS, Park Lane Estates and Bethel Acres West as Principal, provided the Town with Check No. 672528556, in the amount of $22,000.00, to serve as the Performance Bond for the completion of regional drainage work (storm drain connection piping) as part of a Letter Agreement for the RMS / Bethel Acres West / Park Lane Estates Subdivisions, and

WHEREAS, upon completion of the regional drainage work, the $22,000.00 Performance Bond shall be released to RMS as part of the Letter Agreement, and

WHEREAS, the Town Engineer has informed this Board that a representative of her department has inspected the property and determined that the work has been satisfactorily completed, NOW, THEREFORE, BE IT

RESOLVED, that the Performance Bond in the amount of $22,000.00 is hereby released to RMS Development Corp., 300 Richard Place, Yorktown Heights, NY 10598.

RESOLVED, that the Town Board approves the release of the escrow deposit in the amount of $350.00 to Daniel A. Ciarcia, 3248 Hollywood Street, Mohegan Lake, NY 10547 for Driveway Permit #1035.

RESOLVED, that the Town Board approves the release of the escrow deposit in the amount of $500.00 to Daniel A. Ciarcia, 3248 Hollywood Street, Mohegan Lake, NY 10547 for Street Opening Permit #99-7.

WHEREAS, the Planning Board granted final approval to Victor Pizzolato (the “Applicant”) for the Subdivision of the Pizzolato Property (the “Subdivision”) under Planning Board Resolution No. 91-2, dated February 25, 1991; and

WHEREAS, the aforesaid real property is identified on the tax map of the Town of Yorktown as Section 15.11, Parcel 11, Lots 8 and 15; and

WHEREAS, the Town Board has determined it to be in the best interests of the residents of the Town to accept the proffered conveyance of the Property from the property owner, NOW THEREFORE BE IT HEREBY

RESOLVED, that the Town of Yorktown accepts the conveyance of the Property from the Applicant; and be it further resolved that the Supervisor is authorized and directed to sign such documents as may be appropriate and necessary to effect the conveyance and the recordation of the conveyance documents.

WHEREAS the Town Board of the Town of Yorktown on October 15, 2002, awarded the contract for professional design service for improvements to the Commerce Street Streetscape to IQ Landscape Architects, P.C., and

WHEREAS the Town Board executed said contract in the amount of $42,500, including $27,700.00 for Landscape Architectural Services and $14,800.00 for Electrical Engineering Service, and

WHEREAS said Board requested additional landscape architectural services in the form of design development for the Events Sign at the Yorktown Community and Cultural Center,

WHEREAS, Michael Dubovsky (“the Applicant”) applied for a transitional zoning designation for an 0.862 acre parcel located on Route 118 in the Croton Heights area of the Town of Yorktown; and known as Section 59.14 block 1 Lot 17 (formerly Section 15.07, Parcel 399, Lot 4) of the Town tax map (“the Property”). The proposed development of the site is to allow for the construction of 4 multi-family units (i.e., apartments); and

WHEREAS, the Town Board re-zoned the Property to the Transition Zone and approved the site plan by Resolution #421 dated November 16, 2004; and

1. The Town Board, using the information provided by the Applicant and comparing it with the thresholds set forth in Section 617.12 of SEQRA, classified the proposed action as unlisted.

3. The Town Board adopted a negative declaration on August 3, 2004 on the basis of a Long EAF dated April 5, 2004 finding the proposed action would not significantly affect the environment.

1. A map, Sheet 1 of 3, titled “Site Plan prepared for Michael Dubovsky,” prepared by Site Design Consultants, dated February 1, 2006.

2. A map, Sheet 2 of 3, titled “Erosion and Sediment Control Plan prepared for Michael Dubovsky,” prepared by Site Design Consultants, dated February 1, 2006.

3. A drawing, Sheet 3 of 3, titled “Details prepared for Michael Dubovsky,” prepared by Site Design Consultants, dated February 1, 2006.

WHEREAS, the Town Board finds the minor changes proposed in the amended site plan decrease the environmental impact proposed on the site; and

BE IT FURTHER RESOLVED, that site plan approval is hereby re-approved for one four-unit multi-family apartment housing structure on the subject premises as shown on the plans enumerated above. The site shall be improved as per the latest revised drawings listed above and pursuant to the following amendments and conditions:

1. The primary use of the subject Property shall be limited to one four-unit multi-family apartment housing structure with garages for each unit as shown on the site plan enumerated above which may be used for residential rental purposes;

2. The bulk regulations, as established by the Town Board herein, shall be met by the proposed development. Any aspect of the development exceeding the requirements established herein, or any other applicable regulations established by the Town Code site plan shall require an amended approval from the Town Board.

5. There may be an accessory use of the residential building for such purposes as storage of a mower, a tractor to plow the parking lot and such other equipment as may be commonly used for grounds and building maintenance, for the subject premises only.

6. There shall be no more than two (2) bedrooms per each apartment or such lesser number as may be specified by the Westchester County Board of Health.

7. The four-unit multi-family apartment housing structure shall be designed and constructed to have a residential architectural appearance consistent and compatible with surrounding residential lots.

RESOLVED, the Applicant will retain an Environmental systems Planner to supervise and be present during the construction of the erosion control measure, and which Environmental Systems Planner will provide bi-weekly inspection reports regarding the status of erosion control measure to the approval authority via the Environmental Inspector throughout construction; and

RESOLVED, that for any site disturbance of one (1) acre or more Applicant must comply with New York State DEC Phase II Stormwater Regulations, latest amendment and the Town of Yorktown Stormwater Ordinance Chapter 248 of the Yorktown Town Code; and

6. Submission of final architectural design drawings to the ABACA and the Planning Department prior to the release of the signed site plan.

BE IT FURTHER RESOLVED that unless a building permit has been issued within 360 days of the date of this resolution, this approval will be null and void.