Work Session

Village of Ossining Work Session Agenda Wednesday, August 13, 2025 @ 7:30 PM 16 Croton Ave. Board Room OSSINING, NEW YORK and VIA ZOOM Members of the public can view the meeting via computer or mobile app: https://us06web.zoom.us/j/82026887002 Members of the public can listen to the meeting by dialing in via phone: +1 312 626 6799 Webinar ID: 820 2688 7002 **Please note that by dialing in, your phone number will be visible to the host, participants, and attendees of the meeting.** Topic: Sing Sing Prison Museum Request Contact: Karen D'Attore, Village Manager and Brent Glass, Executive Director of Sing Sing Prison Museum 2025-08-13 SSPM Work Session Letter to Karen D'Attore, Village Work Session 8.13.25 [S] Topic: Haunted Kill 2025 & various Rec/Park updates Contact: Bill Garrison, Superintendent of Recreation & Parks Topic: Award of four prime contracts for Multimodal Transportation Hub Contact: Karen D'Attore, Village Manager, Paul Fraioli, P.E. Village Engineer, Andrew Tiess, and Superintendent of Water/Sewer Topic: RFQ for Engineering/ Wetlands Contact: Stuart Kahan, Corporation Counsel and Maddi Zachacz, Assistant Village Manager Topic: Proposed local law- moratorium for cannabis dispensaries and vape/smoke shops Contact: Stuart Kahan, Corporation Counsel Chapter 270 (Moratorium for cannabis dispensaries and vape shops) Topic: Prisoner transport contract with County of Westchester Contact: Stuart Kahan, Corporation Counsel ADJOURNMENT - WORK SESSION Work Session August 13, 2025 Page 1 of 16  Sing Sing Prison Museum Request to Transfer Community Center Exhibition to Sing Sing Prison Museum Page 2 of 16  Olive Opera House Page 3 of 16  Interior Rendering: Olive Opera House Page 4 of 16  Request to Transfer The Sing Sing Prison Museum is requesting the transfer of several items from the Community Center prison exhibition to the Sing Sing Prison Museum: • Electric Chair Reproduction & Drawing • “Prisoner Weapons” Case & Objects • Exhibit Text Panels (10, including photo montage) The Sing Sing Prison Museum is also requesting to scan the Angels with Dirty Faces movie poster, currently at Village Hall. Page 5 of 16  Electric Chair Reproduction & Drawing • Made at Sing Sing in 1991 by Clarence McCants Jr., who was incarcerated there. • Created for the inaugural exhibit at the Ossining Community Center. • McCants was the only incarcerated person willing to build the replica. He wanted to help visitors understand the cruelty of capital punishment. Page 6 of 16  “Prisoner Weapons” Case & Objects Page 7 of 16  Exhibit Text Panels & Photo Montage Page 8 of 16  Angels with Dirty Faces Movie Poster The Sing Sing Prison Museum is also requesting to scan this movie poster, currently at Village Hall. This film is an important example of Sing Sing in popular culture. Page 9 of 16 August 8, 2025 Karen D’Attore Village Manager Village of Ossining Ossining, NY 10562 Dear Karen: I look forward to attending the work session on August 13 at 7:30 pm. At this meeting, I will request approval from the Board of Trustees to transfer artifacts and interpretive material from the Sing Sing Prison exhibition at the Caputo Community Center to the Sing Sing Prison Museum. These items include a reproduction of an electric chair, contraband weapons, and text panels. I will briefly describe the museum’s plan to develop a visitor center and exhibition gallery at the Olive Opera House. In addition, I will request permission to scan a movie poster currently on display in Village Hall. I am enclosing a PowerPoint presentation that I will use at the work session. Thank you for this opportunity to meet with the Board of Trustees. All the best, Brent D. Glass Executive Director Cc. Dana White +1 (914) 236-5407 Sing Sing Prison Museum info@singsingprisonmuseum.org 30 State Street www.singsingprisonmuseum.org Ossining, New York 10562 Page 10 of 16  Local Law -2025 A local law amending Chapter 270 (Zoning) of the Village of Ossining Code. BE IT ENACTED by the Board of Trustees of the Village of Ossining as follows: Section 1. Chapter 270 (Zoning) is amended with new language underlined. Article XX Moratorium for submission and processing of Building Permits, Certificates of Occupancy and Land Use Approvals for Cannabis Dispensaries, Vape shops, smoke shops, vape lounges and vape consumption businesses 270-98 Purpose A. The purpose of this moratorium is to temporarily suspend issuance of Building Permits, Land Use Approvals and Certificates of Occupancy for cannabis dispensaries in the Village of Ossining pursuant to the Board of Trustees’ authority to regulate and control land use; to protect the health, safety and welfare of the residents of the village; to address present and future development in the village; and to continue to update the village’s land use regulations. B. The Village of Ossining Code currently lacks the ability to regulate cannabis dispensaries particularly time, place and manner in accord with the regulations of the Office of Cannabis Management. The moratorium shall maintain the status quo while allowing the Board of Trustees to develop appropriate zoning regulations to consider issues such as: • Retail hours of operation; • Visual or architectural integrity of the building if located within historical districts; • Parking; • Traffic control, including but not limited to pedestrian and vehicular traffic; • Odor, pursuant to article 13-E of the Public Health Law; • Noise; and • Distance requirements C. In addition to paragraphs A and B, the Board of Trustees is concerned that the unregulated establishment and operation of vape shops, smoke shops, vape lounges, hookah lounges and vape consumption businesses can lead to secondar impacts upon the residents, businesses, property values and quality of life in the Village and therefore would be detrimental to the health, safety and economic viability of the village. The moratorium maintains the status quo and allows the Board of Trustees to consider revisions to chapter 270 (zoning) and other provisions of the Village Code regarding such businesses. 270-99 Definitions Cannabis Dispensary- Any facility or person who sells at retail any cannabis product, the sale of which a license is required under the provisions of the New York State Marijuana Regulation and Tax Act (MRTA). Hookah Pipe- A single or multi-stemmed instrument used by one or more persons to smoke tobacco or another substance, which hookah pipe is also commonly referred to as a “hookah” or “water pipe.” Page 11 of 16 Hookah Lounge and Vape Lounge- Any facility or location whose business operation includes the on- site indoor smoking of electronic cigarettes, vape pens, vapors, e-liquids, or other like substances. Smoking is the inhalation of the smoke/liquid nicotine/vapors/water pipe tobacco and other substances encased in electronic cigarettes, vape pens, and pipes commonly known as “hookah”, “water pipe”, “shisha” and “narghile.” Smoke Shop and Vape Shop- Any establishment which offers for sale or consideration cigarettes, tobacco paraphernalia, electronic cigarettes, pipes, vape pens, vapors, e-liquids, or other like substances, or cannabis paraphernalia, or components reasonably assumed to be used for smoking and/or inhalation or injection of any products or other substances as a substantial or significant portion of its business, merchandise and/or stock-in-trade. Such establishments include tobacco shops, head shops, nicotine shops, vapor shops and the like. Substantial or Significant Portion 1. Substantial or significant portion shall be determined using the following factors: a. Amount of floor area and basement space accessible to customers and allotted to the sale or consideration of cigarettes, electronic cigarettes, pipes, vape pens, vapors, e-liquids, or other like substances of any type, generally, or as compared to the total floor area and basement space accessible to customers; and/or b. Number of cigarettes, electronic cigarettes, pipes, vape pens, vapors, e-liquids, derivatives, or other like substances stock-in-trade or of any type accessible to customers generally, or as compared to total stock accessible to customers; and/or c. Revenues derived from cigarettes, electronic cigarettes, pipes, vape pens, vapors, e-liquids, or other like substances of any type, generally, or as compared to total revenues; and/or d. Advertising devoted to cigarettes, electronic cigarettes, pipes, vape pens, vapors, e-liquids, or other like substances of any type, generally, or as compared to total advertising; and/or e. Use of the establishment for cigarettes, electronic cigarettes, pipes, vape pens, vapors, e-liquids, or other like substances of any type, generally, or as compared to total use thereof. 2. However, notwithstanding the above factors, the following shall be conclusive in determining substantial or significant portion: a. Forty percent or more of floor area and basement space accessible to customers allotted to cigarettes, electronic cigarettes, pipes, vape pens, vapors, e-liquids, or other like substances of any type; and/or b. Forty percent or more of its stock-in-trade in cigarettes, electronic cigarettes, pipes, vape pens, vapors, e-liquids, or other like substances of any type; and/or c. Forty percent or more of its gross income derived from cigarettes, electronic cigarettes, pipes, vape pens, vapors, e-liquids, or other like substances; and/or d. Forty percent or more of its advertising is devoted to cigarettes, electronic cigarettes, pipes vape pens, vapors, e-liquids, or other like substances. Page 12 of 16 Tobacco or Cannabis Paraphernalia- Any equipment, device or instrument that is primarily designed or manufactured for the smoking, chewing, absorbing, dissolving, inhaling, snorting, sniffing or ingesting by any other means into the body of smoking and tobacco products or cannabinoid products. Items or devices classified as tobacco or cannabis paraphernalia include, but are not limited to, the following: pipes, punctured metal bowls, bongs, water bongs, electric pipes, e-cigarettes, e- cigarette juice, buzz bombs, vaporizers, hookahs, and devices for holding burning material. Lighters and matches are excluded from the definition of tobacco or cannabis paraphernalia. 270-100 Moratorium Pursuant to the statutory authority vested in the Village to regulate and control land use and to protect the health, safety and welfare of its residents, the Board of Trustees of the Village of Ossining adopts this moratorium on the review and approval of new, as of yet unfiled and any and all pending applications for all land use approvals, including site plan approvals, subdivision plats, special use permits, and variances (hereinafter “Land Use Approvals”) involving the construction of cannabis dispensaries, vape shops, smoke shops, vape lounges and vape consumption businesses in the Village of Ossining. As of the effective date of this moratorium: • Neither the Planning Board nor the Board of Architectural Review shall accept any application, grant any approval to, or continue the review of a subdivision plat, site plan, or other permit that includes the permitting, construction and/or development of cannabis dispensaries, vape shops, smoke shops, vape lounges and vape consumption businesses. • The Zoning Board of Appeals shall not accept any application, grant any approval for a variance or other permit or continue the review of any application that would have as a result the permitting, construction and/or development of cannabis dispensaries, vape shops, smoke shops, vape lounges and vape consumption businesses. • The Historic Preservation Commission shall not accept any application or grant a Certificate of Appropriateness which would have as a result the permitting, construction and/or development of cannabis dispensaries, vape shops, smoke shops, vape lounges and vape consumption businesses. • The Board of Trustees shall not accept any application, grant any approval or continue the review of any application for a special use permit that would have as a result the permitting, construction and/or development of cannabis dispensaries, vape shops, smoke shops, vape lounges and vape consumption businesses. • Projects currently under construction and projects that have received final approvals are not subject to this moratorium. For purposes of this article, “final approval” refers to site plan approval (270-52). 270-101 Duration of Moratorium The moratorium shall be effective for eight (8) months from the effective date of this local law. 270-102 Early termination or extension of the moratorium A. Should the Board of Trustees determine that no new local law which addresses the substantive issues set forth herein needs to be enacted prior to the date that the moratorium Page 13 of 16  expires, then the moratorium imposed by this local law shall expire on the date such determination is made by resolution of the Board of Trustees. B. In the event that any new local law which addresses the substantive issues set forth herein, should be enacted and adopted by the Board of Trustees prior to the date that the moratorium imposed herein expires, then the moratorium shall expire on the date the new local law takes effect pursuant to section 27 of the Municipal Home Rule Law. C. In the event that more than six (6) months have passed since the implementation of this moratorium, and it shall be determined by the Board of Trustees that an extension of this moratorium is required, then the Board of Trustees by resolution may extend this moratorium for such a period of time as it deems necessary in order to fulfill the purposes noted in section 270-98 for no more than four (4) additional months from the date of the original intended expiration of this local law. 270-103 Hardship A. Should an applicant suffer any extraordinary hardship due to the enactment and application of this moratorium, then the applicant may apply to the Board of Trustees for a variance from strict compliance with this local law upon submission of proof of such extraordinary hardship. For purposes of this local law extraordinary hardship shall not be considered: • The mere concern that regulations may be changed or adopted or that the Village Code may be amended; or • The mere delay in being permitted to make an application or waiting for a decision on the application for Land Use approval during the period of the moratorium imposed by this Local law. B. An application for an exception based upon extraordinary hardship shall be filed with the Village Clerk including a fee of Five Hundred and 00/100 ($500.00) Dollars for each tax map parcel claimed to be subject to extraordinary hardship. The application shall include a recitation of the specific facts that are alleged to support the claim of extraordinary hardship and shall contain such other information and/or documentation as the Board of Trustees requires to be fully informed with respect to the application. C. A public hearing on any application for an exception to the moratorium shall be held by the Board of Trustees no later than forty-five (45) days after receipt of a complete application. The Board of Trustees shall note in the resolution calling for the public hearing that the application is complete. D. In reviewing an application for an exception from the moratorium based upon a claim of extraordinary hardship, the Board of Trustees shall consider the following criteria: • The extent to which the proposed development activity would cause significant environmental degradation, adversely impact existing development in the affected zoning districts, be detrimental to public health, comfort or safety concerns and/or have a negative impact on the Village of Ossining. • Whether the moratorium will expose an applicant to substantial monetary liability to a third person or would leave the applicant completely unable, after a thorough review of alternative solutions, to have a reasonable alternative use of the property. • The extent to which actions of the applicant were undertaken in good faith belief that the proposed development would not lead to significant environmental degradation, Page 14 of 16  adversely impact existing development in the area, have an adverse impact on public health or safety, and/or have a negative impact upon the Village of Ossining. • Compatibility of the proposed application with the existing land use and character of the area in general proximity to the subject of the application, and its effect upon aesthetic resources of the community. • Such other considerations and issues as may be raised by the Board of Trustees. E. At the public hearing the applicant and any other parties wishing to present evidence with regard to the application shall have an opportunity to be heard. The Board of Trustees shall, within thirty (30) days of the close of the public hearing, render its decision in writing granting, denying, granting in part or denying in part the application for a hardship waiver. If the Board of Trustees determines that an applicant will suffer an extraordinary hardship if the moratorium is strictly applied to a particular property, then the Board of Trustees shall revise the moratorium to the minimum extent necessary to provide the applicant relief from strict compliance with this local law. 270-104 Conflict with state statutes and authority to supersede It is the intent of this local law to supersede any statutes or regulations which may be inconsistent with the provisions herein. To the extent that any provisions of this local law are in conflict with or are construed as inconsistent with the provisions of the Village Law or General Municipal Law, this local law supersedes, Amends and takes precent consistent with the Village’s home rule powers pursuant to the Municipal Home Rule Law section 10, New York Statute of Local Governments sections 10(1) and (7) and Article IX of the New York State Constitution. A. Related to Building Permits, Certificates of Occupancy, Business Occupancy Permits, and Land Use Approvals for cannabis dispensaries, vape shops, smoke shops, vape lounges and vape consumption businesses, this local law supersedes Village of Ossining Code Chapters 91 (Building Construction), 92 (Building Construction and Fire Prevention Code Administration and Enforcement), 162 (Housing and Property Maintenance), and 270 (Zoning). This local law suspends and stays the running of time periods for processing, action upon, holding hearings on, making decisions and taking action on such applications provided for in those chapters. B. This local law supersedes any inconsistent provision of the General Municipal Law, Village Law or Village of Ossining Code relating to the authority of the Zoning Board of Appeals to grant variances or other relief from the Village’s zoning code. C. Any inconsistent provisions of the Village Law and Village of Ossining Code requiring that the Planning Board/Board of Architectural Review, Historic Preservation Commission, Board of Trustees and/or Environmental Advisory Council hold hearings and act upon applications within specified time periods are superseded by this local law. 270-105 Penalties A. Any person, firm, corporation or other entity that shall take any action in violation of this local law shall be guilty of a violation and upon conviction thereof shall be subject to a fine of not less than $500 and not more than $2,000 for an individual and a fine of not less than $2,000 and not more than $5,000 for a corporation, association or other entity or to a term of Page 15 of 16  imprisonment not to exceed fifteen days, or both. Each and every week that the violation continues shall constitute a separate violation. B. Any person, firm, corporation or other entity that violates this local law shall be liable to pay a civil penalty of $1,000 for each day or part thereof during which the violation continues. The civil penalty shall be recoverable in an action brought by the Corporation Counsel. In addition to the aforementioned penalty, the person, firm, entity or corporation found to have violated this local law shall be liable for all reasonable attorneys’ fees, costs and disbursements incurred by the Village to recover the civil penalty. C. Compliance with this local law also may be compelled and violations restrained by order or by injunction of a court of competent jurisdiction in an action brought by the Corporation Counsel on behalf of the Village. D. Loss of profit. Where any person, firm, entity or corporation has gained a profit as a result of the violation of this local law, the court, in lieu of imposing the civil penalty in subsection B, may order the party to pay an amount fixed by the court not to exceed double the amount of the profit from the violation. The court shall make a finding as to the amount of profit after a hearing. E. If the civil penalty or loss of profit awarded to the Village by the court is not paid in full within 30 days from the date of assessment by the court such award shall be included on the next annual tax levy for the involved tax lots. 270-106 Enforcement This local law shall be enforced by the Village’s Building Inspector, Assistant Building Inspector and Code Enforcement Officers. 270-107 Severability If any clause, sentence, paragraph, or section of this Local Law shall be adjudged to be invalid by any court o competent jurisdiction, such judgment shall not affect, impair or invalidate any other part of this local law, or the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph or section thereof directly involved in the controversy in which such judgment shall have been rendered. Section 2. Effective Date. This local law shall become effective upon filing with the Secretary of State pursuant to section 27 of the Municipal Home Rule Law. 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