Board of Trustees

Village Board of Trustees 01 -13-2015 P a g e |1 THREE THOUSAND TWO HUNDRED TWENTY-SECOND REGULAR MEETING Rutherford Hall Village Hall January 13, 2015 A Regular Meeting of the Board of Trustees of the Village of Scarsdale was held in Rutherford Hall in Village Hall on Tuesday, January 13, 2015 at 8:00 P.M. Present were Mayor Steves, Trustees Brodsky, Lee, Martin, Pekarek, Samwick, and Stern. Also present were Village Manager Gatta, Deputy Village Manager Pappalardo, Village Attorney Esannason, Village Treasurer McClure, Village Clerk Conkling, and Assistants to the Village Manager Scelza and Schnabel. ******** The minutes of the Board of Trustees Limited Agenda Meeting of December 23, 2014 were approved on a motion entered by Trustee Pekarek, seconded by Trustee Brodsky, and carried unanimously. ******** Bills & Payroll Trustee Brodsky stated that she had audited the Abstract of Claims dated January 13, 2015 in the amount of $541,905.59 which includes $67,042.55 in Library Claims previously audited by a Trustee of the Library Board which were found to be in order and she moved that such payment be ratified. Upon motion duly made by Trustee Brodsky and seconded by Trustee Lee, the following resolution was adopted unanimously: RESOLVED, that the Abstract of Claims dated January 13, 2015 in the amount of $541,905.59 is hereby approved. Trustee Brodsky further reported that she had examined the payment of bills made in advance of a Board of Trustees audit totaling $821,474.69 which were found to be in order and she moved that such payment be ratified. Upon motion duly made by Trustee Brodsky and seconded by Trustee Lee, the following resolution was adopted unanimously: Village Board of Trustees 01 -13-2015 P a g e |2 RESOLVED, that payment of claims made in advance of a Board of Trustees audit totaling $821,474.69 is hereby ratified. ******** Mayors Comments Mayor Steves reported that the budget process at the Board level will begin on Thursday night with the initial presentation. This has been an ongoing process at the staff level. The budget calendar is a major item on the website. He urged that the community provide input on the budget. This is where the Board allocates resources and decides on the level of services; what we keep and what we change. The Board cannot do that without input from the community. The meetings specifically dealing with the budget are the Village website, www.scarsdale.com. ******** Managers Comments None. Public Comments Michele Sterling, 6 Brayton Road, stated that she chairs the Scarsdale Forum Sustainability Committee and is here this evening to speak about the report that they most recently issued to the Mayor and Board of Trustees and Village Manager’s office regarding County-wide single use plastic bag ban and Styrofoam ban. The Committee asks for several things in the report, but the main item they are requesting is that the Village of Scarsdale support the legislation that is currently being drafted by the Westchester County Board of Legislators. This legislation sets forth a County-wide ban on single use plastic bags and Styrofoam. There are already four (4) legislators in support of this legislation. Ms. Sterling noted that there are already several towns in Westchester County that have already banned single use plastic bags and Styrofoam – Larchmont, Rye, Mamaroneck – towns that are on the water. These towns saw the evidence of plastic bag pollution in the waters. She noted that Scarsdale is also surrounded by rivers and streams that all eventually flow into the ocean. There are very real problems to wildlife that have been documented specifically attributed to plastic bags. Ms. Sterling stated that the Scarsdale Forum Sustainability Committee would like the Board of Trustees to draft a resolution in support of this legislation, and secondly they would like a Task Force comprised of someone from the Village Manager’s office and also residents to help get businesses aligned with the Committee on this issue. They also need to get residents involved to understand how important this is. Ms. Sterling added that a Styrofoam ban has been recently adopted by New York City. Village Board of Trustees 01 -13-2015 P a g e |3 Ms. Sterling asked the Board what the next step would be for the Committee to take as their report has been submitted to the Board. Where do they go from here? She stated that they would like to have some concrete dates and discussions to move this issue forward. Mayor Steves stated that the next step would be to discuss this issue at the Board’s January 20th work session where there are a number of items on the agenda. At that point meetings will be scheduled and this issue will be placed on the agenda of the Sustainability Committee within the month of January. Typically those meetings are attended by all Board members and it will be a topic of conversation. These meetings are also public meetings and public comments are invited. Madelaine Eppenstein, Fox Meadow, stated that she wanted to add a few comments to Ms. Sterling’s statements. The recommendations of the Sustainable Scarsdale Committee on single use plastic bags and Styrofoam containers suggests changes. She noted that change, or the possibility of change has the ability to inspire the best in some and sometimes provoke a negative reaction in others. She stated that the evidence of the harm that these materials are creating is too large a problem to ignore any longer. These have become global objects of environmental concern. She stated that she sincerely hoped that these issues as outlined by Ms. Sterling gain traction here in Scarsdale. Mayor Steves noted again that the Board of Trustees will meet and assign this issue to the Sustainability Committee and move forward. As there were no further comments offered by the public, Mayor Steves closed the public comments portion of the meeting. ******** Public Hearing Trustee Brodsky opened a public hearing that was scheduled for this evening to receive comments on amendments to Chapters 310-2, 310-14, and 310-67 of the Scarsdale Village Code. She noted that the amendment to Chapter 310-2 would clarify the Code by adding to the definition of ‘lot’ the requirement that a lot appear on plat filed in the Westchester County Office of Land Records as required by New York State Village Law and is referenced elsewhere in the Code. The proposed amendment to Chapter 310-14 has to do with the area of lots and addresses and clarifies the existing requirement that each lot should have four yards. Finally, the proposed amendment to Chapter 310-67 relates to construction on non- conforming unimproved lots and would add the requirement that a lot appear on a plat filed in the Westchester County Office of Land Records and add clarifying language to make it clear that a certain length of street frontage is required when determining whether a lot is a legal, non- forming lot. Village Board of Trustees 01 -13-2015 P a g e |4 Trustee Brodsky requested public comment on any of these clarifying changes to the existing Code provisions. As no comments were offered, Trustee Brodsky moved to close the Public Hearing, seconded by Trustee Pekarek and carried unanimously. Before adopting the proposed Local Law, Trustee Brodsky entered a motion, seconded by Trustee Lee, to adopt the following resolution regarding SEQRA Review and Determination Relating to Certain Clarifying Amendments to Chapters 310-2, 310-14, and 310-67 of the Village Zoning Code. This resolution was adopted by a unanimous vote: WHEREAS: on October 28, 2014, the Village Board of Trustees referred certain proposed clarifying amendments to Chapters 310-2, 310-14 and 310-67 of the Village Zoning Code to the Planning Board for review; and WHEREAS: on November 19, 2014, the Planning Board recommended the Village Board favorably consider adopting the proposed amendments; and WHEREAS: the proposed amendments are several “house-keeping” changes to three sections of the Village Zoning Code and are intended to clarify existing language, not to make any substantive changes; and WHEREAS: the amendments clarify the definition of a lot, general dimensional requirements of lots and the requirements for construction on nonconforming lots WHEREAS: the proposed changes to the three sections of the Village Code do not add material burden or regulation, but are intended to reinforce the existing intent of the code; and WHEREAS: the Village Board considered the proposed zoning code amendments pursuant to the State Environmental Quality Review Act and Chapter 152 of the Village Code; and WHEREAS: the proposed amendments will not have an adverse impact on environmental conditions in the community including traffic, energy usage, water supply, historical or archaeological resources, natural resources, stormwater runoff or flooding; now therefore be it RESOLVED: that after careful examination of the proposed amendment and evaluation of the information included in the Short Environmental Assessment Form, the Village Board determined that the adoption of the Village Code amendments clarifying existing zoning code provisions is an Unlisted action pursuant to Chapter 152 of the Village Code and 6 NYCRR 617.2(ak) and further determined the proposed action will not have a significant adverse impact on the environment. Village Board of Trustees 01 -13-2015 P a g e |5 ******** Upon motion entered by Trustee Brodsky, and seconded by Trustee Lee, the following Local Law #1, 2015 was adopted by the vote indicated below: INTRODUCTORY LOCAL LAW# 1 OF 2015 A Local Law Amending Chapters §§§310-2, 310-14 and 310-67 of the Scarsdale Village Code, entitled “Zoning” BE IT ENACTED by the Scarsdale Village Board of Trustees as follows: Section 1 Article I. General Provisions § 310-1. Title. [Amended 3-14-1989 by L.L. No. 6-1989] This chapter may be cited as the "Zoning Law of the Village of Scarsdale." § 310-2. Definitions. The words and phrases set forth below have the following meanings when used in this chapter: BUILDING Any structure having a roof supported by columns or walls and intended for the shelter, housing or enclosure of persons, animals or chattels. [Amended 3-12-1991 by L.L No. 1-1991 Editor's Note: Section 14 of this local law provided as follows: "This local law shall not prevent the issuance of a permit for any new building, building addition or alteration in compliance with the laws in effect prior to the effective date hereof for which a complete application was submitted prior to such date." (This local law became effective April 4, 1991.) ] BUILDING, ACCESSORY A separate building, such as a private garage, private toolhouse, studio, gazebo, children's playhouse or a noncommercial greenhouse, which is accessory to a principal building on the same lot and which is used for purposes customarily incidental to those of the principal building. Where an accessory building is located within 10 feet of the principal building, unless located in the rear yard of a lot which is less than 110 feet in depth, such accessory building shall be considered part of the principal building for setback purposes. [Amended 10-28-1986 by L.L. No. 11-1986; 3-12-1991 by L.L. No. 1-1991 Editor's Note: Section 14 of this local law provided as follows: "This local law shall not prevent the issuance of a permit for any new building, building addition or alteration Village Board of Trustees 01 -13-2015 P a g e |6 in compliance with the laws in effect prior to the effective date hereof for which a complete application was submitted prior to such date." (This local law became effective April 4, 1991.) ; 1-14-1997 by L.L. No. 1-1997] BUILDING, NONRESIDENTIAL A building which is used primarily for other than residential purposes. [Added 5-10-1966] COURT An open unoccupied space other than a yard on the same lot with a building and bounded on at least three sides by such building. An outdoor court is a court which for its full required minimum width opens without obstruction on a street or on an unoccupied space at least 15 feet wide on the same lot and adjoining a boundary line of such lot and which court has a maximum horizontal dimension not exceeding twice its width. An "inner court" is any court other than an outer court. CURB LEVEL For the purpose of measuring the height of a building, the mean of the established curb level in front of the building. If no curb exists, the curb level shall be deemed to be the mean of the established grade at the center line of the street in front of the building. If the lot is higher than the curb level as defined above, the average level of the finished grade of the lot along the front wall of any building to be erected thereon may be taken as the curb level for the purpose of determining all vertical measurements. If a lot fronts on two or more streets of different levels, the mean curb level of the highest street may be taken as the curb level for the purpose of determining all vertical measurements within a distance of 120 feet back from the street line of the highest street. If a building exceeds 100 feet in length along a street, each 100 feet thereof shall conform to the highest regulations of this chapter, and the curb level, for the purpose of determining the permitted height, shall be the mean curb level in front of each 100 feet of such building. DWELLING UNIT The quarters designed to be used as a dwelling by one family. FAMILY Any number of individuals, related by blood, marriage or adoption, or not more than five individuals who are not so related, living together as a single housekeeping unit, using rooms and housekeeping facilities in common and having such meals as they may eat at home prepared and eaten together. FENCE A structure of wood, metal or plastic, or any combination thereof, erected to enclose, separate, divide or define a lot or a portion thereof. [Added 1-24-1984 by L.L. No. 1-1984] Village Board of Trustees 01 -13-2015 P a g e |7 FLAT ROOF A flat roof is one with a rise of not more than 1/2 inch per foot. [Added 3-12-1991 by L.L. No. 1-1991 Editor's Note: Section 14 of this local law provided as follows: "This local law shall not prevent the issuance of a permit for any new building, building addition or alteration in compliance with the laws in effect prior to the effective date hereof for which a complete application was submitted prior to such date." (This local law became effective April 4, 1991.) ] FLOOR AREA RATIO The gross floor area on a lot divided by the gross lot area. Any area of land dedicated to the Village of Scarsdale for parking, roadway widening or traffic circulation purposes, if contiguous to the lot or within 200 feet therefrom, shall be calculated as a part of gross lot area for FAR purposes. If part of a lot is used for railroad tracks, 1/2 of the area so used may be counted in calculating the gross floor area permitted on the lot, provided that construction is actually proposed over such railroad track area or such area above the tracks is permanently preserved for open space purposes. [Added 2-28-1989 by L.L. No. 4-1989; amended 12-11-2001 by L.L. No. 15-2001] GARAGE, PUBLIC A garage operated for gain, whether or not it is available to the public generally. GROSS FLOOR AREA The sum of the gross horizontal areas of all floors of a building measured to the exterior of the outside walls of the building, but excluding any floor area housing building mechanical equipment, basement storage to which the public is not admitted and floor area devoted to required or incentive off-street parking and loading facilities. [Added 2-28-1989 by L.L. No. 4-1989] GROSS LEASABLE FLOOR AREA The total floor area designed for tenant occupancy and exclusive use on all floors, including mezzanines, but excluding floor area used for parking or for basement storage to which the public is not admitted, measured from the center line of joint partitions and from the interior of outside walls and walls adjoining common areas, such as hallways, elevator shafts, etc. [Added 2-20-1979 by L.L. No. 4-1979] GROSS LOT AREA The total horizontal area included within the property lines bounding a lot. [Added 2-28-1989 by L.L. No. 4-1989] GROUND FLOOR Village Board of Trustees 01 -13-2015 P a g e |8 Any floor or floors designed to provide direct access to a street or to a public pedestrian area adjacent to a street, with less than half a story of grade change from such street. [Added 2-28-1989 by L.L. No. 4-1989] HEIGHT For buildings in Residence A District, the vertical distance measured, in the case of a building with a flat roof, from the proposed final grade or the existing grade, if that is lower, along the perimeter of the building to the level of the highest point of the roof beams and, in the case of a building with a pitched roof, from the proposed final grade or the existing grade, if that is lower, along the perimeter of the building to the level of the point midway between the peak and the plate of the highest section of the roof. For buildings in all other districts, "height" is the vertical distance measured, in the case of a building with a flat roof, from the curb level to the level of the highest point of the roof beams and, in the case of a building with a pitched roof, from the curb level halfway between the top of the plate and the ridge. [Amended 3-12-1991 by L.L. No. 1-1991 Editor's Note: Section 14 of this local law provided as follows: "This local law shall not prevent the issuance of a permit for any new building, building addition or alteration in compliance with the laws in effect prior to the effective date hereof for which a complete application was submitted prior to such date." (This local law became effective April 4, 1991.) ] HOME OCCUPATION See Article XI. [Added 3-26-1996 by L.L. No. 2-1996] LINE, FRONT LOT The "front lot line" of a lot which is not a corner lot is its street line or, if such lot extends through a block, the street line from which the principal building sets back the lesser distance. However, in the case of a lot no part of which adjoins any street, "front lot line" is the boundary line of such lot which is designated as such in an application for a permit to erect or alter a building on such lot or, if not so designated, the boundary line which is nearest and most nearly parallel to a street, or as designated by the Planning Board pursuant to § A319-27L. In the case of a corner lot, the "front lot line" is the front street line, as designated in an application for a permit to erect or alter a building on such lot or, if not so designated, the street line from which the principal building sets back the greatest distance or, if its setback is equal distance from two or more street lines, the street line which is nearest to the main entrance of the principal building. [Amended 3-14-1989 by L.L. No. 6-1989] LINE, REAR LOT The lot boundary line which is opposite and most distant from the front lot line or, in the case of a lot which is irregular in shape, the lot boundary line which is most nearly Village Board of Trustees 01 -13-2015 P a g e |9 parallel to and at the greatest average distance from the front lot line, or as designated by the Planning Board pursuant to § A319-27L. [Amended 3-14-1989 by L.L. No. 6-1989] LINE, SIDE LOT Any lot boundary line which is not a front lot line or a rear lot line. LINE, STREET The boundary between a lot and the edge of street right-of-way shown on the official map of the Village and/or on a filed map in the office of the Westchester County Clerk, regardless of whether such right-of-way is a public street, a private street open to public use or an undeveloped street. [Amended 9-27-1994 by L.L. No. 9-1994; 2-28-2012 by L.L. No. 2-2012] LOT A parcel or plot of land shown on a plat filed in the County Office of Land Records and occupied or designed to be occupied by one principal building and its accessory buildings if any, including such yards or open spaces as are arranged or designed to be used in connection with such buildings. LOT, DEPTH OF The mean horizontal distance from its front lot line to its rear lot line, measured in the general direction of its side lot lines. LOT, IMPROVED A lot on which a building or buildings stand. An "unimproved lot" is a lot on which no building stands. LOT, WIDTH OF The mean width of a lot measured at right angles to its depth. NEAREST TO LOT LINE A. In determining the part of a building or story thereof which is nearest to a particular lot line, there shall be disregarded, if such building is in any residence district, the below- specified portion nearest to such lot lines of the following parts of such building or story: [Amended 1-14-1997 by L.L. No. 1-1997] (1) Windowsill, belt courses or other ornamental features: six inches. (2) Cornices: three feet. (3) In the case of a front lot line, bay windows on the ground story, not aggregating in width more than 1/3 of the frontage of the building: three feet. (4) In the case of a front or rear lot line, an open porch or stoop on the ground story: five feet. In the case of a front lot line, such open porch may have a roof that is supported by columns, but may not be enclosed or screened on the sides or front, and is limited to a width of no more Village Board of Trustees 01 -13-2015 P a g e | 10 than four feet wider than the entry door and a height of no more than 1 1/2 story. The roof may not extend past the five-foot allowance. B. There shall be disregarded, if such building is in a Residence C District or a business district, the below-specified portion nearest to such lot line of the following parts of such building or story: [Amended 4-8-1997 by L.L. No. 3-1997] (1) In the case of a side or rear lot line, chimneys, each not exceeding 10 square feet in horizontal cross section: two feet. (2) In the case of a side or rear lot line, a fire escape, outside stairway or balcony to a fire tower, as permitted by Chapter 132, Building Construction and Fire Prevention, of this Code: five feet. PARKING SPACE FOR ONE MOTOR VEHICLE An area available for parking an automobile, exclusive of adequate ingress and egress driveways and aisles, subject to the requirements specified in § 310-70. [Amended 4-8-1997 by L.L. No. 3-1997] PERMANENT STANDBY GENERATOR A backup electrical system powered by a permanent fixed fuel source, including but not limited to natural gas, liquid propane or diesel that has: [Added 1-22-2013 by L.L. No. 1-2013] A. An automatic transfer switch; and B. Is installed in compliance with all federal, state and local laws, including the New York State Uniform Fire Prevention and Building Code (including all referenced codes and standards), as amended from time to time. PERSONAL SERVICE ESTABLISHMENT An establishment engaged in providing services generally to individuals, such as a dry cleaner, beauty salon, barbershop, shoe repair shop, portrait photographic studio and other such similar uses. [Added 2-28-1989 by L.L. No. 4-1989] PROFESSIONAL OFFICE The office of a professional engineer, architect, landscape architect, surveyor, certified public accountant or attorney. [Added 2-28-1989 by L.L. No. 4-1989] RESIDENCE PURPOSES A building or a part thereof shall not be deemed to be "used for residence purposes" unless it is used for such purposes by persons other than a janitor or caretaker of such building or the family of such janitor or caretaker. RESTAURANT, FAST-FOOD Village Board of Trustees 01 -13-2015 P a g e | 11 A business enterprise primarily engaged in the retail sale of meals selected by patrons from a limited number of prepared, specialized items, such as but not limited to hamburgers, chicken, fish and chips, pizza, tacos and hot dogs, for consumption either on or off the premises, served in disposable containers in a facility where the major portion of the sales to the public is by drive-in or stand-up service. [Added 2-20-1979 by L.L. No. 4-1979] RETAIL STORE An establishment engaged in selling merchandise for personal or household consumption and rendering services incidental to the sale of the goods. [Added 2-28-1989 by L.L. No. 4-1989] SEMIPUBLIC USE Any religious or private educational use permitted in a residence district, as well as office, meeting and similar facilities of charitable, fraternal and community organizations. [Added 2-28-1989 by L.L. No. 4-1989] SETBACK The shortest horizontal distance from a lot line to the part of the building or of the story which is nearest to such lot line. [Amended 9-27-1994 by L.L. No. 9-1994] SOLID As applied to fences, walls and retaining walls, having less than 50% open space when viewed from a position which is at a right angle to the face of the fence, wall or retaining wall. [Added 1-24-1984 by L.L. No. 1-1984] STORY That part of a building included between any floor and the floor next above or, if there is no floor above, the ceiling or flat roof above. STORY, FIRST For the purpose of determining a building's height in stories, the lowest story whose exterior walls or at least all of the area of one and at least 80% of the area of each of the remaining exterior walls are entirely above the level of the ground adjacent to the building. Editor's Note: The former definition of "story, half," which immediately followed this definition, was repealed 3-23-1999 by L.L. No. 3-1999. STREET A road or highway, available for use as a thoroughfare by the public generally, which affords the means of access to adjoining property. Village Board of Trustees 01 -13-2015 P a g e | 12 STRUCTURE An assembly of materials forming a construction designed for useful purposes, including, among others, buildings, stadiums, swimming pools, tennis courts, handball walls, decks, balconies, signs, radio towers, water tanks, storage sheds, equipment pads and shelters. [Added 4-27-1965; amended 3-12-1991 by L.L. No. 1-1991 Editor's Note: Section 14 of this local law provided as follows: "This local law shall not prevent the issuance of a permit for any new building, building addition or alteration in compliance with the laws in effect prior to the effective date hereof for which a complete application was submitted prior to such date." (This local law became effective April 4, 1991.) ] SWIMMING POOL Any body of water or receptacle for water having a depth at any point greater than two feet, used or intended to be used for swimming or bathing, and constructed, installed or maintained in or above the ground outside any building. TELEPHONE EXCHANGE A telephone company central office in which lines are connected to permit telecommunications service. Such central office does not serve as a supply depot or dispatch point for external work orders for a telephone company or as a manufacturing or repair facility or include wholesale distribution operations or retail sales or include storage of trucks or other industrial equipment. [Added 5-23-1995 by L.L. No. 7-1995] WALL A structure of wood, stone, brick, concrete or other masonry materials or any combination thereof, more than two feet high, erected to enclose, separate, divide or define a lot or a portion thereof. [Added 1-24-1984 by L.L. No. 1-1984] WALL, RETAINING A wall designed to retain or resist the lateral displacement of earth or other materials, whether or not it serves to enclose or subdivide any part of the lot on which it is located. [Added 1-24-1984 by L.L. No. 1-1984] YARD, FRONT The space within and extending the full width of the lot from the front lot line to the part of the principal building which is nearest to such front lot line. YARD, REAR The space within and extending the full width of the lot from the rear lot line to the part of the principal building which is nearest to such lot line. Village Board of Trustees 01 -13-2015 P a g e | 13 YARD, SIDE The space within the lot extending the full distance from the front yard to the rear yard and from the side lot line to the part of the principal building which is nearest to such side lot line. Section 2. ARTICLE III, General Dimensional Requirements § 310-14. Area of lots. [Amended 3-28-1961; 7-19-1983 by L.L. No. 5-1983; 1-22-1985 by L.L. No. 5-1985; 1-13-1987 by L.L. No. 3-1987; 1-12-1988 by L.L. No. 1-1988; 5-10- 1988 by L.L. No. 5-1988; 4-8-1997 by L.L. No. 3-1997; 3-24-1998 by L.L. No. 2-1998; 1- 23-2001 by L.L. No. 4-2001; 10-9-2007 by L.L. No. 11-2007] A. Subject to the exceptions specified in § 310-67 of this chapter, no building shall hereafter be erected in any residence district, except on a lot which, for each principal building, together with its accessory buildings, has an area of at least: (1) In a Residence AA-1 District: two acres (87,120 square feet). (2) In a Residence A-1 District: one acre (43,560 square feet). (3) In a Residence A-2 District: 20,000 square feet. (4) In a Residence A-2a District: 15,000 square feet. (5) In a Residence A-3 District: 10,000 square feet. (6) In a Residence A-4 District: 7,500 square feet. (7) In a Residence A-5 or C District: 5,000 square feet. B. No part of a lot shall be included in calculating the required lot area except such part as falls within either an inscribed quadrilateral, no part of which has less than 1/3 of the minimum required lot width, or an inscribed circle. C. In calculating lot area, no more than 10% of the lot area shall consist of any body of water or portion thereof, floodplain property or property designed as a retention basin for drainage control. "Floodplain property" shall mean property within the special flood hazard areas subject to inundation by the one-percent (one-hundred-year) annual chance flood as shown on the Flood Insurance Rate Maps or other such document for the Village of Scarsdale, as issued by the Federal Emergency Management Agency, or such other agency of legal jurisdiction. D. Each lot must have a measurable front yard, rear yard and two side yards that conforms to the requirements of this chapter. The creation by subdivision of a triangular shaped lot(s) in which two yards merge to eliminate a fourth yard is prohibited. Section 3. § 310-67. Nonconforming uses, lots and buildings. [Amended 7-15-1975 by L.L. No. 4-1975; 3-14-1989 by L.L. No. 6-1989; 3-12-1991 by L.L. No. 1-1991 Editor's Note: Section 14 of this local law provided as follows: "This local law shall not prevent the issuance of a permit for any new building, building addition or alteration in compliance with the laws in effect prior to the effective date hereof for which a complete application was submitted prior to such date." (This local law became effective  Village Board of Trustees 01 -13-2015 P a g e | 14 April 4, 1991.) ; 9-27-1994 by L.L. No. 9-1994; 5-23-1995 by L.L. No. 7-1995; 4-8-1997 by L.L. No. 3-1997; 1-23-2001 by L.L. No. 1-2001] A. Nonconforming uses. Nonconformity of any use with any provision of this chapter shall not be a violation of this chapter if such use existed on March 1, 1957, and was permitted by the Zoning Ordinance in effect immediately prior to that date or if the use was permitted on the effective date of any modification of this chapter which rendered the use nonconforming. Such use shall be permitted to continue subject to the provisions of Subsection D(3) of this section and the following conditions: (1) No building housing a nonconforming use may be enlarged or altered structurally, except as may be required or permitted by law. For the purposes of this section, an increase in the fuel storage capacity of a service station is not considered to be an expansion of a nonconforming use. (2) No such nonconforming use shall be enlarged or extended, nor shall it be changed to another nonconforming use, nor shall it be moved to another building (either conforming or nonconforming). (3) No such nonconforming use, if changed to a use which conforms to the provisions of this chapter, shall be changed to a nonconforming use. (4) No such nonconforming use that shall have ceased for six months or longer, whether or not with intent to abandon, shall be resumed. (5) Any otherwise legal, preexisting, nonconforming use in a residential district may be continued, subject to the issuance of a special use permit by the Board of Appeals for residential uses or by the Planning Board for nonresidential uses. (a) The initial application for such nonconforming use special use permit shall be filed by the owner of the property within one year of the effective date of this subsection or, if later, the effective date of the applicability of this subsection to a particular nonconforming use. If the initial application is not so filed, it may be initiated at any time by the Village or by the owner of any property, any part of which is within 300 feet of any part of the property on which a nonconforming use exists or is asserted to exist. (b) Upon the filing of an application or other initiation of the nonconforming use special use permit process, the Board of Appeals or the Planning Board, as applicable, shall, after a public hearing, determine: [1] Whether a nonconforming use exists on the site.  Village Board of Trustees 01 -13-2015 P a g e | 15 [2] If such nonconforming use exists, what terms and conditions applied to the lawful use of the property immediately prior to the date upon which the use became nonconforming. [3] Whether the use of the property at the time of the special use permit proceeding is in full compliance with such immediately prior terms and conditions. In making this determination, the applicable Board shall consider all factors which may be pertinent under such immediately prior terms and conditions, which in particular cases may include, without limitation, building design, functional uses, emissions (noise, vibration, smoke, dust, odors or others), hours of operation, off-street parking, traffic, lighting, landscaping and screening. (c) If the applicable Board determines, pursuant to Subsection A(5)(b)[3] above, that there is a nonconforming use and that such use of the property at the time of the special use permit proceeding is in full compliance with the aforementioned immediately prior terms and conditions, it shall grant the nonconforming use special use permit, setting forth the immediately prior terms and conditions so determined, which are to continue to pertain as long as the nonconforming use is lawfully continued. B. Construction on nonconforming unimproved lots. (1) An unimproved lot, that does not conform to the requirements of §§310- 14 and 310-15(A), is merged with an adjoining improved or unimproved lot if that lot is owned or controlled by the same owner of the adjoining improved or unimproved lot, unless said unimproved lot meets the requirements noted in subsection B(2) or (3) below. (2) A building may be erected, altered or maintained on a lot in accordance with the setback and lot coverage requirements of this Code, subject to the special setback provisions of §§310-18 or 310-36, even if the lot does not conform to §§310-14 or 310-15(A), provided that the following lot criteria are met: (a) On April 1, 1947, the lot conformed to the Zoning Ordinance in effect immediately prior to that date and the lot was shown on a plat filed in the County Office of Land Records; and (b) The lot was not reduced in area after February 1, 1947; and (c) The lot has an area of at least 75% of the current requirement; and (d) The lot has a width and length of streetline frontage of at least 85% of the current requirement.  Village Board of Trustees 01 -13-2015 P a g e | 16 (3) A building may be erected, altered or maintained on a lot in accordance with the setback and lot coverage requirements of this Code, subject to the special setback provisions of §310-18 or 310-36, if a lot is rendered nonconforming by any amendments to the Zoning Map (§310-4) adopted after October 2000, provided that the lot meets the following criteria: (a) The lot conformed to the Zoning Ordinance in effect immediately prior to the effective date of the amendment; and (b) The lot was not reduced in area in the month prior to the effective date of any amendment; and (c) The lot has an area of at least 65% of the current requirement; and (d) The lot has a width and length of streetline frontage of at least 80% of the current requirement. C. Construction on nonconforming improved lots. [Amended 5-13-2008 by L.L. No. 3-2008] (1) Subject to the special setback provisions of §310-18, a building may be enlarged, altered or maintained on a lot in accordance with the setback and lot coverage requirements of this Code even if the lot does not conform to §310-14 or 310-15(A), provided that the following criteria are met: (a) A building existed on the lot that on April 1, 1947, conformed to the Zoning Ordinance in effect immediately prior to the date; and (b) The lot was not reduced in area after February 1, 1947. (2) Subject to the special setback provisions of §§310-18 and 310-36, and Subsection D(1) of this section, if applicable, an existing building may be enlarged, altered or maintained on a lot in accordance with the setback and lot coverage requirements of this Code if the lot is rendered nonconforming by zoning amendments to the Zoning Map (§310-4) adopted after October 2000, provided that the lot meets the following criteria: (a) The building conformed to the Zoning Ordinance in effect immediately prior to the effective date of the amendment; and (b) The lot was not reduced in area in the month prior to the effective date of any amendment. D. Nonconforming buildings. Village Board of Trustees 01 -13-2015 P a g e | 17 Nonconformity of any building shall not be a violation of this chapter if such building existed on March 1, 1957, and was permitted by the Zoning Ordinance in effect immediately prior to the date or if the building was permitted on the effective date of any modification of this chapter which rendered the building nonconforming. Such nonconforming building shall be permitted to continue, subject to the following conditions: (1) No such building which is nonconforming with respect to height, area of lot occupied or setback from any lot line shall be enlarged in any respect as to the portion thereof which is nonconforming, subject to the provisions of this chapter and §310-18 or 310-36. Notwithstanding the foregoing, alterations of the portion thereof which is nonconforming, but which would not increase the existing nonconformity, shall be permitted. (2) No such nonconforming building, if changed to a conforming building which conforms to the provisions of this chapter, shall be changed to a nonconforming building. (3) No such nonconforming building, if all or substantially all thereof is destroyed due to any cause, shall be restored in a nonconforming form or location or for the continuance of a nonconforming use, except that such a building, if destroyed accidentally due to fire, explosion or other cause, may be restored in substantially the same form and location, but without enlargement, for a conforming use or the continuance, but without enlargement, of the nonconforming use. This provision shall not apply to the lot coverage limitations of §§310-20 through 310-23 when one nonconforming impervious surface such as a driveway, walk or patio is being replaced without expansion with another impervious surface. Section 4. This local law shall take effect upon filing with the Secretary of State. AYES NAYS ABSENT Trustee Brodsky None None Trustee Lee Trustee Martin Trustee Pekarek Trustee Samwick Trustee Stern Mayor Steves ******** Law Committee Upon motion entered by Trustee Brodsky, and seconded by Trustee Lee, the following resolution regarding Scheduling a Public Hearing to Repeal in its Entirety Chapter 182 of the Scarsdale Village Code Entitled “Historic Preservation” and Adopting a New Chapter 182 of the Scarsdale Village Code Entitled “Historic Preservation” was adopted by a unanimous vote: Village Board of Trustees 01 -13-2015 P a g e | 18 RESOLVED, that a Public Hearing is hereby scheduled by the Board of Trustees of the Village of Scarsdale to be held in Rutherford Hall in Village Hall on Tuesday, January 27, 2015, at 8:00 p.m. to consider proposed local laws to repeal in its entirety Chapter 182 of the Scarsdale Village Code, entitled “Historic Preservation” and to establish a new Chapter 182 of the Scarsdale Village Code entitled “Historic Preservation”, and be it further RESOLVED, that the Village Clerk is hereby directed to publish notice of said hearing pursuant to Village Law. ******** Mayor Steves stated that he would like it to be clear with the public that this is something that the Board considers at this point ‘interim legislation’ to clarify and strengthen the Historical Preservation Law and make some changes in its administration and certain definitions. The Board understands that there is another step that must be considered in the administration and implementation of this program and the Board will work towards that end. However, the Board felt it was important and that it would take more time to implement and to define. Those members of the public that have been following this and those otherwise who are looking for changes in the law, this is not the end of the process but a very important step. ******** Finance Committee Upon motion entered by Trustee Martin, and seconded by Trustee Lee, the following resolution regarding Acceptance of Gifts from the Fenway Golf Club was adopted by a unanimous vote: WHEREAS, pursuant to Policy #103 of the Village of Scarsdale Administrative Policies and Procedures Manual entitled, “Gifts to the Village of Scarsdale”, acceptance of all gifts valued at $500 or more must be approved by the Village Board of Trustees; and WHEREAS, the Fenway Golf Club has offered to donate $5,000 to the Scarsdale Police Department toward the purchase of equipment deemed most important to assist in the safety of Scarsdale Police Officers and/or the general public; and WHEREAS, the Fenway Golf Club has also offered to donate $5,000 to the Scarsdale Fire Department toward the purchase of equipment deemed most important to assist in the safety of Scarsdale Fire Fighters and/or the general public; and Village Board of Trustees 01 -13-2015 P a g e | 19 WHEREAS, the total of the proposed gifts is $10,000 exceeding the $500.00 limit stipulated in Policy #103 of the Village of Scarsdale Administrative Policies and Procedures Manual entitled, “Gifts to the Village of Scarsdale”; now therefore be it RESOLVED, that the Village Board of Trustees hereby accepts the monetary gifts totaling $10,000 from the Fenway Golf Club for the purchase of equipment for the Scarsdale Police and Fire Departments; and be it further RESOLVED, that the Village Board of Trustees hereby extends its gratitude to the members of the Fenway Golf Club for their generosity to the community. ******** Land Use Committee Upon motion entered by Trustee Lee, and seconded by Trustee Samwick, the following resolution regarding a Subdivision Recreation Fee for 15 Circle Road; Section 1 Block 3 Lot 5.6 was adopted by a unanimous vote: WHEREAS: Section 7-730-4 of New York State Village law authorizes planning boards to reserve land in a subdivision for park, playground or other recreational purposes, and take money in lieu of land in cases where suitable park lands of adequate size cannot be properly located on a subdivision plat, the amount of said money to be established by the Village Board of Trustees; and WHEREAS: the Planning Board, on November 19, 2014, approved the two lot subdivision of the property at 15 Circle Road, identified on the Village tax map as Section 1, Block 3, Lot 5.6, after finding the proposed subdivision would not have a significant negative environmental impact pursuant to SEQRA, creating one new lot located in the A-3 zoning district; and WHEREAS: on December 10, 2014, the Planning Board recommended a payment in lieu of contribution of land as the dedication of land for park, playground or recreation purposes is not feasible in view of the small amount of land available in this two lot subdivision; and WHEREAS: the Village Department of Parks, Recreation and Conservation provides a variety of facilities to meet the interests and needs of the community which includes parks, playgrounds, ball fields and an outdoor pool; and WHEREAS: the Village Department of Parks, Recreation and Conservation has a Five Year Capital Plan that calls for the replacement of facilities and equipment Village Board of Trustees 01 -13-2015 P a g e | 20 as well as additional facilities that will be needed in the future; now therefore be it RESOLVED: the Board of Trustees hereby accepts the recommendation of the Planning Board that the applicant, 15 Circle Road LLC, pay to the Village an amount equal to 5% of the $825,000 Guideline Value pursuant to the 2007 Subdivision Recreation Fee Schedule, or $41,250, in lieu of a contribution of land for park, playground or other recreational purposes for the one new lot resulting from the subdivision of property at 15 Circle Road, identified on the tax map of the Village of Scarsdale as Section 1, Block 3, Lot 5.6. ******** Trustee Lee gave some background on the following resolution to schedule a Public Hearing a Proposed Local Law Imposing a Moratorium on Certain Applications Involving Gravel Surfaces. He stated that the Village Code currently treats gravel surfaces as pervious for lot coverage purposes. This treatment is perceived by some as leading to more extensive residential development as gravel surfaces are used to allow for additional lot coverage being available for larger additions, swimming pools, tennis courts or new houses. The Planning Board is now conducting a study that will examine the use of gravel surfaces throughout the Village and the potential effects as treating gravel as an impervious surface for lot coverage purposes. The study is anticipated to take six months. The proposed moratorium would involve applications for certain building projects, namely those that include gravel surfaces when, if the gravel surface were counted as an impervious surface the project would exceed the maximum permitted lot coverage requirements under the Scarsdale Village Code. The moratorium is proposed to extend through June 30, 2015. Upon motion entered by Trustee Lee, and seconded by Trustee Brodsky, the following resolution regarding Scheduling a Public Hearing on a Proposed Local Law Imposing a Moratorium on Certain Applications Involving Gravel Surfaces to the Planning Board, Board of Appeals, Board of Architectural Review, Building Department and Engineering Department was adopted by a unanimous vote: RESOLVED, that a Public Hearing is hereby scheduled by the Board of Trustees of the Village of Scarsdale to be held in Rutherford Hall in Village Hall on Tuesday, January 27, 2015, at 8:00 p.m. to review a proposed local law authorizing the Board of Trustees to establish a moratorium on certain applications involving gravel surfaces to the Planning Board, Board of Appeals, Board of Architectural Review, Building Department and Engineering Department, as attached hereto and made a part hereof; and be it further RESOLVED, that the Village Clerk is herein directed to advertise said Public Hearing. Village Board of Trustees 01 -13-2015 P a g e | 21 ******** Trustee Lee also offered background on the following resolution to schedule a Public Hearing on Establishing Chapter 137 – Crane Berkley Special Improvement District. He stated that this resolution if adopted would create a local law that would establish a Special Improvement Tax District in the Crane Berkley section that would involve 109 homes. The purpose of this would be that the taxes would be used to produce revenue that would pay for the homeowners share of the cost of improvements to the storm water drainage system in the Crane Berkley section. The Crane Berkley section has a substantial drainage system. Periodically it requires significant cleaning of debris and the silt that has built up. That drainage system, is partly on private property and partly on Village owned property. The way the Village does is that the costs are shared based on whether the drainage system is on the private property in which the property owners pay for it. The public property portion is paid for by the Village. In 1992 this joint arrangement worked well and now, 12 years later, a significant cleaning job is needed. The Homeowners Association for Crane Berkley has come forward with a petition requesting the Village to create this special taxing district of the 109 homes. Within the district, 79 of them have signed the petition. Upon motion entered by Trustee Lee, and seconded by Trustee Samwick, the following resolution regarding Scheduling a Public Hearing on Establishing Chapter 137 – Crane Berkley Special Improvement District was adopted by a unanimous vote: RESOLVED, that a Public Hearing is hereby scheduled by the Board of Trustees of the Village of Scarsdale to be held in Rutherford Hall in Village Hall on Tuesday, January 27, 2015, at 8:00 p.m. to review a proposed local law authorizing the Board of Trustees to establish the Crane Berkley Special Improvement District, pursuant to New York State Village Law §22-2200, as attached hereto and made a part hereof; and be it further RESOLVED, that the Village Clerk is directed to advertise said Public Hearing. ******** Mayor Steves requested that the Boy Scout in the back of the meeting room come to the podium and inform the Board why he is attending the Board meeting and what requirement he needs to meet. The Boy Scout stated that he was attending the meeting to satisfy a requirement towards a badge for Citizenship and Community. Mayor Steves commended him for that effort and hoped that the meeting was insightful. He told the Boy Scout that if he had any questions, he could call the Village Manager’s office and ask for the Mayor’s email address. He wished him the best in getting his badges and thanked him for attending the Board meeting. ******** Village Board of Trustees 01 -13-2015 P a g e | 22 Personnel Committee Trustee Pekarek stated that the following resolution on this evening’s agenda regarding Authorization to Execute a Collective Bargaining Agreement with the Scarsdale Police Benevolent Association will be referred to the Personnel Committee meeting to be held on January 20, 2015 at 6:00 P.M. Upon motion entered by Mayor Steves, and seconded by Trustee Pekarek, the following resolution was referred to the Personnel Committee by a unanimous vote: WHEREAS, the Village of Scarsdale (“Village”) and Scarsdale Police Benevolent Association (“PBA”) are parties to a Collective Bargaining Agreement that expired on May 31, 2013; and WHEREAS, changes to the terms and conditions of employment were agreed upon by the parties and placed in the form of a Memorandum of Agreement dated December 10, 2014; and WHEREAS, the membership of the PBA ratified the terms and conditions contained in the Memorandum of Agreement on January 8, 2015; and WHEREAS, the Memorandum of Agreement between the Village and the PBA regarding the terms and conditions of employment for the period June 1, 2013 through and including May 31, 2019 was presented to the Village of Scarsdale Board of Trustees for consideration at their January 13, 2015 meeting, with the Board referring said Memorandum of Agreement to their Personnel Committee for further review and deliberation; and WHEREAS, the Personnel Committee convened on January 20, 2015 and subsequent to a detailed review and discussion of the terms and conditions of the Memorandum of Agreement, voted to recommend to the Full Board that it act favorably on the resolution to approve the Agreement; now therefore be it RESOLVED, that the Memorandum of Agreement between the Village and the PBA dated December 10, 2014 regarding the terms and conditions of employment for the period June 1, 2013 through and including May 31, 2019 is hereby approved; and be it further RESOLVED, that the Village Manager and Human Resources Director are hereby authorized to execute a Collective Bargaining Agreement for the period June 1, 2013 through and including May 31, 2019 between the Village and the PBA incorporating the terms and conditions of said Memorandum of Agreement. Village Board of Trustees 01 -13-2015 P a g e | 23 Mayor Steves pointed out that this is a traditional way the Board handles the Collective Bargaining Agreements in that they are referred to Committee. ******** Upon motion entered by Trustee Pekarek, and seconded by Trustee Brodsky, the following resolution regarding Authorization to Execute an Agreement with Westchester County for the Employee Assistance Program was adopted by a unanimous vote: WHEREAS, Westchester County (“County”) administers an Employee Assistance Program (“EAP”) and permits municipalities to participate in said program; and WHEREAS, the County EAP provides the Village of Scarsdale with administrative, managerial and referral services for the benefit of all Village employees; and WHEREAS, the County EAP professional counselors assist employees with psychological and emotional issues, alcohol and substance abuse, legal, credit, housing and other concerns of daily life; and WHEREAS, The County EAP offers employees of the Village of Scarsdale an opportunity to actively seek assistance in assessing their difficulties followed by a referral to a community resource that works within their health insurance plan; and WHEREAS, the Village has participated in the County EAP for approximately twenty- five (25) consecutive years through a series of Inter-Municipal Agreements (“IMA”); and WHEREAS, the current IMA expired on December 31, 2014 and the County is proposing a successor IMA with a term of five (5) years; and WHEREAS, the IMA may be cancelled by either party upon ten (10) days prior written notice to the other party by certified mail; and WHEREAS, the proposed IMA maintains the same cost as the expiring IMA for the term of the agreement, which is $45 per employee per year; now therefore be it RESOLVED, that the Village Manager is hereby authorized to execute, on behalf of the Village of Scarsdale, an agreement with Westchester County for the provision of an Employee Assistance Program for the period January 1, Village Board of Trustees 01 -13-2015 P a g e | 24 2015 through and including December 31, 2019, in substantially the same form as attached herein; and be it further RESOLVED, that the Village Manager is authorized to undertake all administrative acts pursuant to the terms of the Agreement. ******** Upon motion entered by Mayor Steves, and seconded by Trustee Pekarek, the following resolution regarding the Appointment of the Acting Village Justice was adopted by the vote indicated below: WHEREAS, pursuant to the provisions of Section 3-301 and 4-400 of the Village Law, the Mayor appointed Arlene Katz as Acting Village Justice on April 8, 2014 with a term expiring on April 6, 2015; and WHEREAS, on November 4, 2014 Arlene Katz was elected a Westchester County Family Court Judge and announced her resignation as Acting Village Justice effective January 1, 2015 after serving nineteen (19) one year terms in the position; and WHEREAS, a press release was published in the November 21, 2014 edition of the Scarsdale Inquirer announcing the resignation of Arlene Katz and the application process for potential candidates; and WHEREAS, the Judicial Qualifications Advisory Committee convened on December 8, 2014 and December 11, 2014 to evaluate the candidates and conduct interviews; and WHEREAS, the Judicial Qualifications Committee is created pursuant to Article VI of the Town Village Civic Club’s Non-Partisan Resolution, with the Committee’s function including recommending qualified residents to the Citizens Nominating Committee for the Office of Village Justice and assisting the Mayor in the selection of appointments to Village and Acting Village Justice Offices; and WHEREAS, the Judicial Qualifications Advisory Committee submitted the names of its recommended candidates to Mayor Robert Steves for his consideration by letter dated December 14, 2014, attached hereto and made part hereof; and WHEREAS, on December 29, 2014 Mayor Steves interviewed candidates for the position of Acting Village Justice, which included Joaquin Alemany of 11 Reimer Road, Scarsdale, New York; now therefore be it Village Board of Trustees 01 -13-2015 P a g e | 25 RESOLVED, that pursuant to the provisions of Section 3-301 and 4-400 of the Village Law, the Mayor hereby appoints Joaquin Alemany as Acting Village Justice for the unexpired term of Arlene Katz, expiring on April 6, 2015, and be it further RESOLVED, that the Village Board of Trustees approves the appointment of Joaquin Alemany as Acting Village Justice for the unexpired term of Arlene Katz, expiring on April 6, 2015. AYES NAYS ABSENT Trustee Brodsky None None Trustee Lee Trustee Martin Trustee Pekarek Trustee Samwick Trustee Stern Mayor Steves ******** Other Committee Reports None. ******** Liaison Reports None. ******** Written Communications Village Clerk Conkling reported that four (4) written communications have been received since the last meeting:  A letter from Caryn and Jeff Margolis, 12 Ardmore Road, requesting that the Board of Trustees enact a moratorium on residential home demolition and building.  A letter from The Friends of the Scarsdale Parks regarding the Village Tree Replacement Program and suggestions to amend the existing Tree law.  A report from the Friends of the Scarsdale Parks on Street Tree Recommendations. Village Board of Trustees 01 -13-2015 P a g e | 26  A report from the Conservation Advisory Council with their Final Recommendations on the Scarsdale Village Tree Policy Study. Mayor Steves noted that the Tree Law will also be taken up at the Board’s meeting on January 20th for assignment to Committee and further discussion. ******** There being no further business to come before the Board, Mayor Steves moved to adjourn the meeting, seconded by Trustee Martin and carried by a unanimous vote at 8:40 P.M. Donna M. Conkling Village Clerk