Chapter 10. RECOMMENDATIONS

Introduction

This section proposes recommendations for the future of the Village of Brewster.  The framework for recommendations is three tiered: Main Street, Village, and Region.  Recommendations are tiered because each one has implications on differing levels.  Main Street is designated as tier one, as it is the area that the Studio team deemed the “heart” of the Village.  Main Street is the location for economic vitality, social interaction, and physical connections.  The second tier, Village, covers broader recommendations that target specific spatial and public aspects of the entire Village of Brewster.  Tier three, the Regional tier, provides recommendations that reach far beyond the Village boundaries, and encompasses the Village outwards to Putnam County. 

The division of recommendations into three layers hopes to signify the importance of beginning locally on Main Street and working outward to forge greater Village and regional connections.  The recommendations set forth are sectioned first by topic and then by level.  Certain study areas incorporate all three levels, while others include only one level.  Governance and Urban Design cover Main Street, Village, and Region.  Community Development and Zoning encompass two levels, Main Street and Village.  Infrastructure and Finance are represented on the Village level only.  The grid below highlights this description. Given the significance of the natural environment and the location of the Village of Brewster in the Croton Watershed, the environment cuts across all study levels and has implications on all decisions made within the Village.  

Taken together, these recommendations represent a cohesive vision for the future of the Village of Brewster.  The implementation of some of these recommendations can occur immediately. In other cases, the implementation process requires more time.  There will be opportunities to implement some recommendations over the next year, simultaneously with other activities.  Other changes can take place over a period of five to ten years upon carrying out further evaluation and obtaining adequate funding.  At the end of this chapter, the Village Analysis and Recommendations Committee provides a matrix of the recommendations that distinguishes immediate activities from those that are contingent on another activity.  

Urban Design – Main Street

After analyzing various aspects of the Main Street corridor, a vision for Main Street was produced.

Implement “Three Nodes” Design and Other Physical Improvements.

The development of three major nodes along the length of Main Street will work together to liven the entire corridor. Each node will serve a separate function, working as attractors to draw people to and from each center of activity.  These nodes include the Brewster Triangle, a Civic Center, and a Laborer Employment Center.

Figure 10 ‑ 1 Three Node Recommendation Design

Node One: Brewster Triangle 

A plaza would be created surrounding the current Town of Southeast Offices/First National Bank building. This plaza would serve as a gathering space for residents and an inviting location for commuters departing the train station.  In particular, people departing the train after dark would be welcomed to a well-lit inviting place. This area would give a positive first impression of the Village.

Specific Improvements for the Brewster Triangle include:

• Create a park.

Development of park space is our primary recommendation for improvement of the Brewster Triangle.  This entails the removal of the road that currently connects Railroad Avenue and Main Street, located directly behind the Town Hall/First National Bank of Brewster building.  One chief benefit is a decrease in impervious surface, which is a requirement under the Watershed Memorandum of Agreement.  The other benefit is additional green space, which promotes a friendly "welcome mat" for the Village.  This area would also include benches for people to wait for the train.  This idea was previously presented in the 1990 and 1999 plans for the Village.

• Create a "kiss and ride" location on both the east and west side of Railroad Avenue.

Another improvement would be the creation of short-term passenger “loading” areas where commuters can be picked up or discharged at Brewster Station.  These locations are commonly referred to as a "kiss and ride."  This area would help improve traffic flow, by providing a location for cars to pull out of the right of way.  On the west side of Route 6, the “kiss and ride” would be located in the area in front of the train station.  This is the area that the MTA plans to turn into a “Multi-Modal” area. [162]   The Village can work in conjunction with the MTA to ensure that proper signage for the “kiss and ride” is included in these plans.  On the east side of Railroad Avenue, there may be room for the “kiss and ride” in the area that is now “Main Street Alley” or, north of the intersection, in front of the Brewster Garden Flower Shop.

• Create a location for secure bicycle parking on Railroad Avenue.

Currently, bicycle traffic is not readily apparent on the roadways around the train station.  However, given the suggestion for improved regional connections with the Putnam and Hudson Valley bicycle and pedestrian trails, there may be greater desire and demand for bicycle storage.  Therefore, we recommend the creation of secure bicycle parking along Railroad Avenue.  The train station represents an ideal location for both area residents and train travelers to safely leave their bikes.  This new form of parking for the Village provides an option for people to ride their bicycle to the train station, as well as for users of the bike trails to park their bicycles and visit the shops along Main Street.   

Node Two: Civic Center

A Civic Center on Main Street would be created near the Southeast Museum Building and the Brewster Public Library.  A central location on Main Street, in close proximity to the train station, is the key to a vibrant center.  The physical location will help honor the historic properties in the vicinity.  Creating a civic center that utilizes the Village’s most emblematic urban feature would renew a sense of pride and belonging among Village residents. The creation of this center would serve as an attractor to draw people to new destinations along Main Street.  Consideration could also be given for joint Town/Village facilities at this location.

Node Three: Laborer Employment Center

The immigrant laborer community is a vital aspect of the overall workforce diversity and a source of economic vitality in the Village.  This vitality can be harnessed and enhanced through investments in the laborer community.  The principal way to achieve this goal is to create an employment center at a central and accessible location in the Village.  An assessment of alternate sites within the Village borders should be considered. 

• The location of the employment center should consider traffic accessibility.
• Consideration of access to the Community Affairs Office in the location of a center would allow for greater efficiency in the delivery of its services and thereby mitigate some of the current challenges faced by these villagers.

Programs and activities specifically recommended for the Laborer Employment Center are detailed in the Community Development Main Street Section below.

Node 4:  Improve North Main Street

North Main Street is a viable part of Main Street with successful businesses, but is often overshadowed by the downtown Main Street area.  However, this area will become increasingly significant given the construction of a new commuter parking lot near the Southeast (formerly Brewster North) train Station.  These additional parking spaces will increase visitors to this area.  The Village has the opportunity to improve aesthetics and enhance pedestrian connections between this and the downtown area.  This can be done through the coordination of aesthetic improvements (discussed below) between the two areas. 

Enhance Main Street Through Other Physical Improvements

In order to enable the aforementioned nodes to work as proposed, attention must also be given to pedestrian improvements and beautification throughout the Village.

Aesthetic Improvements

There are a number of ways to enhance the visual impact of Main Street.  First, cleaner sidewalks and streets will provide for a more inviting downtown atmosphere.  A more efficient garbage removal system may ameliorate the problem. Secondly, guidelines to better upkeep vacant as well as occupied buildings will help maintain a cohesive and eye-pleasing Main Street.  The implementation of guidelines will require the cooperation of all Main Street businesses in a coordinated effort.  Other improvements recommended by the Economic and Community Development citizen committee include sidewalk planters, benches, pedestrian scale lighting, and a coordinated signage program.

In order to encourage aesthetic improvements, it will be necessary to engage all members of the community, including business owners, landlords, and residents.  In order to “jump-start” a downtown revitalization effort, the Village may want to consider a community pride program that may involve a volunteer clean up day, banners, music, and other means of attracting attention to a particular project.  The excitement generated by this program will then move forward, providing incentives for both residents and visitors to contribute to revitalization.  Organization of this program could be responsibility of a Village promotion committee. 

Construct pedestrian enhancements.

Continuous sidewalks should exist along the length of Main Street, - from Markel Park along North Main, through the commercial center, to the most eastern portion of East Main Street.  Many sidewalks already exist along the length of this corridor.However, the existing sidewalks are often located on alternating sides of the road and are not connected throughout. Sidewalks are entirely absent at other points along Main Street, particularly where they have been eliminated in favor of storefront parking.  Many are broken and in need of repair.  As recommended by the National Center for Bicycling and Walking (NCBW), a continuous network of good sidewalks is vital for encouraging more pedestrian activity. [163] NCBW recommends that sidewalks be added where missing on both sides of the street, or on at least one side of local streets.  Currently, there are minimum widths for pedestrian safety, accessibility and enjoyment. Consistent with our idea that Main Street should attract and embrace pedestrians, sidewalk conditions in the Village might be ameliorated by the following:

A preferred sidewalk width in an area of pedestrian activity is 12 feet, at least 6 feet of which would be clear from obstructions. This width allows two pedestrians to walk side by side or to pass each other comfortably. In difficult situations

where road width cannot be narrowed, a minimum of 8-foot sidewalks is recommended.  Institute of Traffic Engineers (ITE) recommends a minimum width of 5 feet for a sidewalk or walkway, and there should be wider widths in

areas that expect more pedestrian traffic. [165] Taking into consideration any narrowness of street width, as well as encouraging more pedestrian traffic, the Studio recommends a minimum of 6-foot sidewalks along the streets that connect

Marvin Avenue to Main Street.

Park Street already meets the minimum sidewalk width outlined above, along the east side, however, given the 30-foot roadway, there is ample room for sidewalk expansion to 8 feet. Wilkes Street can be widened by 18 inches to meet these criteria, which would take away slightly from roadway width while greatly enhancing pedestrian usability. There are no sidewalks currently where Marvin Avenue meets Main Street. 6-foot sidewalks should be implemented on the west side of this roadway, as the east side is currently utilized for vehicular access to a commercial establishment.

• Crosswalks.  At places where the existing sidewalks are continuous, but on alternating sides of Main Street, crosswalks could be improved to facilitate a safe pedestrian environment with the inclusion of more visible signage or a flashing light. Crosswalks serve as a traffic calming measure, and enable pedestrians to cross safely from one side of the street to the other. The addition of safe crosswalks encourages pedestrians to use the existing sidewalks rather than walk in the right of way.

• Sidewalk upgrades and replacements.  A sidewalk replacement plan to upgrade and replace existing sidewalks is an important part of a Capital Improvement Program.  Such sidewalk improvements would increase pedestrian safety, comfort, and utilization of Main Street. Details of the recommended Capital Improvement Program are provided in the Finance: Village section of this document.

• Regulate sidewalks through zoning. 

The elimination of sidewalks in favor of storefront parking has led to discontinuity in sidewalks and streetwall at particular locations along Main Street. This situation discourages pedestrian activity and access to these areas in favor of vehicles.  The Village could include language within the Village Zoning Code that prohibits or discourages vehicular oriented setbacks for new construction (residential or commercial) along Main Street. Zoning code proposals including examples from other localities are detailed in the Zoning: Main Street section of this document.

Beautify Main Street. 

In lieu of using Village funds towards beautification issues, private organizations, like the Coalition for a Better Brewster, would continue to take responsibility for business district improvements. Improvements include sidewalk trees and plantings, responsibility for disposal of trash, designation of specific loading zones for trucks, and a pedestrian-oriented lighting scheme to be affixed to businesses along the main commercial strip.  The success of the Main Street revitalization effort will rely on the continued support and service of private organizations, as well as, the capital improvement programs to be developed and implemented by the Village.  The Village may want to consider engaging support from Putnam County officials who have, in the past, expressed an interest in participating in streetscape improvements, particularly in the North Main Street area which is along a County Road.

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Urban Design: Village

Making the Vertical Connections.

Accessibility is a major asset of the Village of Brewster.  Enhanced accessibility results from increased walkability and connectivity with Main Street and other important points throughout the Village.  A clear pedestrian corridor can make the Village a more pleasant, walkable place.  The Village topography is unique in that this vertical link represents a dramatic grade change that further accentuates this natural connection.  The Village can enhance this Main Street characteristic by creating a vertical connection between points both north and south of Main.

The vertical connection we propose is translated through a physical connection that allows pedestrians to traverse the hills and experience the abundance of sky, mountain, and water the Village has to offer.  This physical connection would be in the form of a dedicated path that connects the residential neighborhoods, the Garden Street Elementary School, to the Walter Brewster House, through Marvin Avenue and into the park development along the East Branch of the Croton River (EBCR).

Figure 10-6 Proposed Vertical Connections for the Village of Brewster [166]

This will enhance resident and visitor enjoyment of these focal points.  The pedestrian friendliness offered by this link would allow the Village an opportunity to encourage education through greater usage of the watershed park and historic properties, inviting walkers and bikers to Main Street. The intention is thus to create a smooth connection between specific focal points within the Village. 

Enhance the connection between the EBCR Park and Main Street.

The construction of the new park below Marvin Avenue will make this area a destination point for recreation.  The pedestrian connection between Main Street and Marvin Avenue would be achieved through sidewalk improvements along Wilkes Street and signage, indicating the direction to the park.  Further enhancements would include a continuous sidewalk along the south side of Marvin Avenue, from the intersection with Park Street to the intersection of Marvin Avenue and Main Street.  (See Proposed Sidewalk Connections Along the East Branch of the Croton River map below.)

Figure 10-7 Proposed Sidewalk Connections Along the East Branch of the Croton River (Marvin Avenue)

Enhance the connection between Main Street and the Walter Brewster House.

This historic house, in its location up on a hill, is a natural visual focal point from Main Street and other areas in the Village. The connection between this landmark and Main Street can be enhanced further to invite pedestrians. 

• The existing stairs would be constructed similar to those shown in the visual. (See Walter Brewster House image below.) This etching from the mid-1800’s depicts a similar connection from Main Street to the Walter Brewster House. [167]

Figure 10-8 Historic Etching of the Walter Brewster House with Stairs [168]

• The lawn of the property would be converted into a gathering/park space, by adding benches and landscaping elements.  To make the Walter Brewster House a destination for Village residents and tourists, the Village can work with the Landmark Preservation Society of Southeast in order to encourage year-round staffing. 

Enhance the connection between the Walter Brewster House and the Garden Street Elementary School.

The connection between Main Street and the Walter Brewster House would extend upwards to the Garden Street Elementary School to encourage walking between the two buildings. 

• Implementation of open gathering space at the Walter Brewster House would encourage pedestrian traffic to circulate north from Main and from the school to the residential homes. 
• The existing pathway, which consists of two separate stairs up the hill, would be redesigned to serve as a pedestrian friendly connection between the school and Garden Street.  The pathway can connect to the residential areas on Prospect Hill, offering Village residents enhanced access to neighborhood focal points. 

Make Wells Park and Markel Park more accessible.

Wells Park and Markel Park, although open seasonally, are underutilized Town-owned Village resources.  Currently fenced off, both parks can be made more accessible and functional all year long.

Wells Park

• A working relationship with the Town of Southeast, who holds jurisdiction over the park, would increase the recreational opportunity for Village and Town residents.  This park should be made more accessible and affordable for all residents.
• The studio recommends that the fence surrounding Wells Park be removed, or the entrance improved, so that a better connection can be made between this park and the Village. 

Markel Park

• There would be greater pedestrian accessibility between the residential area of Prospect Hill and this park. Once the park is made more accessible, it would draw more visitors. In conjunction with its prime location along North Main Street, this would encourage more pedestrian traffic, thereby, generating more economic activity on Main Street. 

Creating Historic and Environmental Connections.

Assessed one by one, it is difficult to grasp the unique character of Brewster’s historic buildings. Therefore, residents are unlikely to understand the value of a series of individual structures as a cultural resource worthy of preservation. If viewed as a cohesive group, it is likely that people will come to recognize the wealth of historic structures as valuable, and important to maintain for future generations.

Develop a historic properties and watershed walk.

   Figure 10-9 Possible Route for Brewster Historic Walk [169]

The Village of Brewster should work with the Brewster Public Library, Brewster Project, and the historic preservation constituency within the Village to produce marketing materials for the public. A walking tour would take people on a “step-by-step” journey of the Village’s past, present, and future.  Materials would show locations of specific properties, the dates of construction, and historical background. The list of properties that might be included are:

• Brewster Train Station (Year Built: 1931) – Railroad Avenue
• First National Bank of Brewster / Southeast Town Hall (1875) – 1 Main Street
• Old Southeast Town Hall / Southeast Museum Building (1896) – 67 Main Street
• Southeast House (c. 1890) – 52 Main Street
• Brewster Presbyterian Church (1886) – 110 Main Street
• Brewster Public Library (1932) – 79 Main Street
• Putnam County Savings Bank / Comstock Building (1911) – Main Street
• Cameo Theater (1938) – 63 Main Street
• First Methodist Church (1863) – 83 Main Street / 34 Marvin Avenue
• Walter Brewster House (1850) – 43 Oak Street (hopefully to be accessible via     Main Street)
• Saint Andrews Episcopal Church (1901) – 26 Prospect Street
• The New York Milk Condensery (1879) – Junction of Route 6 and Route 22

Additionally, watershed education could be a focus of the tour.  The creation of a link to the park below Marvin Avenue will facilitate the opportunity to increase knowledge of the watershed and its importance. With educational signage about the history of the watershed and the Village of Brewster’s unique role in conservation, this would help link increased environmental awareness with culture and recreation.

Publication of such a guide could be distributed via the Metropolitan Transit Authority (MTA), the Putnam County Visitor’s Bureau, and the Village Offices. Creating a cohesive program for the Village’s historic properties could serve as an economical way to highlight and market the Village’s rich history, attracting visitors. Village residents would take increased pride in their own built heritage, and would therefore be more likely to preserve it for future generations.  Providing easier access along the North/South corridor would benefit the Village of Brewster immensely, as it would reestablish its uniqueness and importance, as well as make a connection to its past, present, and future.

Analyze historic districting option.

There are several reasons for the Village to consider historic districting. Some buildings are important architecturally and aesthetically, and the community would be less attractive without them. Others are worth saving because they maintain potential for good use, including innovative adaptations to new uses.  Lastly, some places are valuable because they offer an important link to a past that might otherwise be forgotten. [170] Brewster’s historic properties are rich in all three of these elements, becoming even more valuable when considered as a cohesive unit.

Studies conducted in neighborhoods around the country have shown that creating historic districts and protecting historic Main Streets has had the capability of enhancing and stabilizing property values in such areas. Consequently, it would be of economical and cultural benefit for the Village to consider creating a historic district.

It is recommended that the Village of Brewster undertake a study of the potential benefits of creating a Brewster Historic District. The Village could collaborate with the Landmarks Preservation Society of Southeast and the Southeast Museum in any such endeavor - the former for its expertise regarding the benefits of landmarking, and the latter for its extensive knowledge of the Village history. The National Trust for Historic Preservation (NTHP) offers extensive resources to people and communities interested in all degrees of historic preservation. One valuable resource provided by the NTHP is the Dollar & Sense publications, a series of reports that summarize the effects of historic districting on issues ranging from property values to retail sales, in historic areas around the country. These publications can serve as good a starting point for any study on the potential of creating a historic district. The Village can use these case studies as a comparison to conditions in their own neighborhood, to begin considering whether historic districting might be in its best economic and cultural interest.

Additionally, the Village can explore the opportunities provided by membership to the National Main Street Center, a division of the National Trust for Historic Preservation. [171] Since 1980, the National Main Street Center has been working with communities across the United States to aid in the revitalization of their historic or traditional commercial areas, becoming a powerful economic and preservation tool. Furthermore, because the Main Street program is a locally driven program, all initiatives stem from local issues and concerns, and are scaled to the appropriate size of the locality. Membership in the National Main Street Center offers participants access to hands-on technical assistance, while encouraging local commitment to the revitalization effort. Members may include citizen activists, mayors, city planners, professional downtown managers, state government officials, chambers of commerce, consultants and many others.Conduct follow-up on other solutions

Other recommendations for enhancing the connection between historic properties, the environment, and the Village include the following.  These recommendations would require additional funding and may be considered for future improvements.

• A signage system detailing properties and places of interest around the Village. .  A competition for sign design presents an additional opportunity to encourage interest.

     Plaque and Sign Examples from Brewster and Other Localities

• Take the walking tour brochure to the next level, much like the Boston’s famous “Freedom Trail.” The “Freedom Trail” is a series of 16 sites that recall Boston’s important role in the American Revolution, which are connected through a red brick line inlaid right into the ground. [172]   Brewster could implement a similar trail to enhance the accessibility and cohesiveness of its own historic properties.

   Boston Freedom Trail [173]

Urban Design: Region

Given the recommendations for greater connectivity within the Village, it is important to connect the Village to the region.  Regional connectivity involves political cooperation, as well as physical linkages that create pathways for more fluid movement across boundaries. 

Establish Better Bus Routes

Consideration should be given to a direct route to Route 312 and the Home Depot Shopping Area, the Board of elections, Department of Health, and the Department of Motor Vehicles.  Improvement in bus transit into and out of the Village of Brewster will promote the Village as a regional center and destination point.  It will also ease transportation access for village residents and promote a more environmentally friendly means of travel.

Establish Bike/Pedestrian Path Connections to Create Stronger Regional Relations.

One opportunity for the Village to create stronger relations with the region is through the establishment of bicycle/pedestrian paths linked to the regional network.  Creating bike connections can considerably enhance access to and around the Village, and help to establish it as an important regional crossroads for commuters, residents, bikers, hikers, nature lovers, and tourists. 

Initiatives to create these links are already underway.  The Mid-Hudson South Region Bicycle and Pedestrian Master Plan, undertaken in 1999, calls for the completion of three bikeways that will pass through the Village of Brewster. [174]   The Putnam County Bikeway from Seminary Hill Road in Carmel to the Village has been funded and designed, and is slated for construction to begin in 2003. [175]   The Maybrook Bikeway, to run from the Metro North Danbury Line to Route 164 in Patterson, will cross through the Village along Pumphouse Road.  Additionally, the State Route 22 bicycle route will run along the south of the Village. [176]

The Village can take the opportunities offered by these proposals to plan for and encourage bicycle usage.  Funding is still needed for implementation of projects outside of the Village that will complete the linkages.  By remaining active in these efforts, the Village can ensure that the connections are made once the projects are underway.  Strategies that the Village can utilize to establish and maintain these connections include:

• Developing community support for bicycling in the Village.
• Developing bicycle and pedestrian facilities throughout the Village (such as bike racks, signage and dedicated bike lanes on key Village roads).
• Marketing the Village as a bicycle and pedestrian friendly historical and cultural destination. 
• Implementing a usage fee for certain bicycle racks– for example, a monthly fee could be charged to commuters for storage of their bikes in ‘bike lockers’ placed at or near the train station. 

(See Proposed Biking and Hiking Routes for Connection to the Village of Brewster map below.)

Figure 10-10 Proposed Biking and Hiking Routes for Connection to the Village of Brewster

Facilitating bicycle use in the Village will encourage commuters and recreational bikers to pass through and utilize the Village’s commercial and retail services.  Numerous funding opportunities for these types of programs, such as the Transportation Enhancements Program (TEP) are outlined in the Mid-Hudson South Region Bicycle and Pedestrian Master Plan. [177]

Governance: Main Street

Create a Civic Center. 

The urban design purview of this Civic Center recommendation is detailed in the Urban Design: Main Street section above.

Locating the Village and Town offices in the same place would have the following positive effects, from a governance perspective:

• The public would have a better access to their local governments: the Civic Center would create a “one-stop shop” site for local governmental information, resources, and services. Concurrently, this would facilitate communication between the community and the local governments.
• The Village and the Town would take an important step in improving their political relationship (see Governance: Region section below) and cooperating to achieve goals that are mutually beneficial.  In this respect, the operational expenses of the Village and the Town offices would decrease if both governments decide to share these expenses and jointly implement economy of scale mechanisms.

The joint location of village and town offices has been done in the State of New York in the past, as is the case with the Village and the Town of Boonville (Oneida County). [178] Having outgrown their existing offices, these governments engaged in the construction of new, shared office areas in 1998 on lands that belonged to the Village. The Village and the Town boards agreed on a formula to share construction costs. The Village of Dansville and the Town of North Dansville (Livingston County) also share office space.

Governance: Village

Implement Political Participation Mechanisms.

Advisory Boards to the Board of Trustees.

In the Summer of 2003, the Village Board created advisory boards comprised of Village and Town residents to aid in the master planning process.  The Village should consider the role of a permanent committee in order to enhance communication between government and citizens.

The Village can implement mechanisms that allow for the effective participation of the community in shaping the future of the Village.  These boards could, for example:

• Track trends in the Village housing market;
• Overlook the improvement and continued economic prosperity of the Main Street commercial center, as well as other Village businesses;
• Provide educational resources within the Village’s watershed protection obligations; and
• Provide suggestions for events and activities in which the multitude of cultures and backgrounds of Village residents can be showcased.

The first step in implementing these advisory boards is to identify community leaders willing to head these advisory boards, as well as other stakeholders willing to participate as members of the Advisory Boards.  Leaders and stakeholders involved would be considered experts and knowledgeable on the specified topic, as well as committed to the improvement of the Village of Brewster.  Advisory Boards could assume the following responsibilities: commit one to three hours a month to convene and discuss ideas and issues of specific topics, conduct research on the specific ideas and issues, and provide suggestions and recommendations to the Board of Trustees.  These boards could be given “floor time” at monthly board meetings to report on their activities and discuss programs and offerings for community participation.  The suggestions and recommendations of the Advisory Boards would serve as an outside perspective with new ideas for Village improvements.  The Board of Trustees would have full power in choosing recommendations for implementation, which could be facilitated by the Advisory Boards.

These Advisory Boards could be critical for the effectiveness of the Office of the Mayor and the Board of Trustees to meet their governmental responsibilities.  In any small local government, governing is a remarkable challenge.  The Village of Brewster has experienced the convergence of numerous forces well beyond its immediate control, to which it must respond to fulfill its responsibilities to its citizens.  These forces include the effects of urban sprawl, economic downturn, and the impacts of globalization and mobile labor.  In a place of approximately 2000 people and ½ square mile, the demographics point out the real impact of these forces.  Coupled with this, a citizen government that is not adequately funded or staffed, and that receives no discernible support from the Town of Southeast or Putnam County, must turn to the talent and dedication of its own populace.  We encourage the Village of Brewster to expand its efforts of participatory government through these Advisory Boards.

Improve the working relationship between the Board of Trustees, the Planning Board, and the Zoning Board of Appeals.

The Village’s planning and zoning processes can be streamlined by improving the relationship between all three boards. Every party must reach an understanding that they are all trying to achieve the same goal: to improve the quality of life of Village residents. There must be more communication and compromises about expectations made among the three boards. The three boards can hold working meetings to address the communication issues among them. In addition, written, measurable compromises regarding output can be sought. The progress of the boards’ working relationship can be tracked and assessed continuously, as well as the compliance with the aforementioned compromises.

The Village Governance committee has a series of recommendations for improving current mechanisms of village government:

Actively pursue proposals to improve communication between the Village of Brewster and the Town of Southeast.

The committee agreed that the Village of Brewster's recent, good-faith committment to a closer working relationship with the Town of Southeast is a welcome and appropriate step. The offer by the village to share office space, facilitate joint meetings and to expedite infrastructure needs as the new village wastewater system comes on line are decisive steps in the right direction. The committee supports informal monthly meetings between village and town employees at some neutral location. The agenda would be flexible, genuine communication taking precedence over formalities. Communicate more with residents

There are a variety of media, including a newsletter, a public bulletin board on Main Street, a column in a local newspaper, email, a web site, cable-TV coverage and possibly a local radio show that can be employed. It seems clear that too many village residents do not know what their own government is doing and why. The newsletter alone, with a list of issues and projects in the works, would be a significant improvement at modest cost. Another proposal worthy of serious thought is an annual "State of the Village" report in December outlining the main village issues, explaining the budget and describing goals for the coming year. This overview would, it is hoped, put the monthly newsletter items in perspective and provide a way for residents to understand the rate and nature of progress in the village.

More village services.

When possible, the village should continue to think of services that residents need, yet are within the budget and capabilities of our local government. This may be more of an overarching intention or goal, but an example would be the idea of helping older residents and others to shovel snow off their sidewalks. There should be a review of the fee structure for garbage pickup, with attention to the possibility of including garbage fees in annual taxes, and providing specific collection bins for local businesses. One possibility discussed involved providing garbage drop-off points at east and west locations in the village; businesses would be asked to deposit their trash in these bins, rather than leaving trash cans out on the village sidewalks. Recommendations worth consideration in the immediate: Village Manager

A Village manager could take over all village administrative tasks. A fulltime employee with appropriate credentials, the manager would serve at the pleasure of the Board of Trustees. This may or not may not preclude a mayoral election, depending on the duties assigned to the manager. One possibility would be to dispense with an elected mayor, assigning public duties to each trustee in turn for a limited time, or to an honorary mayor. This option requires further study. The potential gains with such an arrangement might include obtaining the service of a professional manager, obviating the need for a mayoral election and providing governmental continuity. Potential drawbacks include less accountability to the public, higher expense of a manager's salary, concentration of power in a person who does not live in the village and less oversight of administrative procedures. Review compensation of elected officials.

If the mayor's position remains an elected post, it might be useful to consider reviewing compensation of village officers. If the duties of the officers have changed somewhat, requiring more time spent on village business, appropriate compensation for the additional time might be warranted. Review the organization chart of Village employees

This review would illustrate whether  today's requirements are significantly more taxing than they have been in the past. If so, some further division of labor might be appropriate; for example, it might be more efficient to separate the duties of the treasurer and the Village Clerk. More study is needed on this issue. A further possibility might the creation of a paid position of Village Historian, which would include some public relations duties. Raise terms of service and impose term limits.

It might be advantageous to allow the mayor and the trustees to serve for four years instead of two, and to limit the number of times one person could hold either post. It was suggested that it might be best to have only one trustee running for election each year, thereby permitting more continuity of knowledge and expertise on the board. The optimal formula for such changes would be determined during further talks. Revise the village code of ethics

This would further assure residents that their elected officials are acting ethically and in good faith for the betterment of the entire community. As suggested earlier this year, the county's code of ethics might be a useful model and a good place to start any revision process. In addition, the village might specify a series of steps an individual might take to resolve a genuine ethical concern. The procedure should be straightforward and the individual would be told precisely how to persue his or her concern to other levels of government in the event the response from the Board of Trustees seemed inadequate.

Governance: Region

Explore Opportunities for Greater Cooperation with the Town of Southeast.

The Village of Brewster has options with which to reconsider its relationship with the Town of Southeast.  These options have benefits and drawbacks.  What does the Town of Southeast have to gain by taking genuine steps to improve its relationship to the Village?  The destiny of the Village and the Town of Southeast is inextricably tied to the mandate of the protection of the watershed.  The Village must embrace its newfound role as the protector of the watershed.  It can reach out to the Town of Southeast with a new vision of itself and its mission to carry it through this century and into the next. 

The first step to increasing cooperation between communities involves greater communication and improved relations with the Town of Southeast.  In the current situation, the Village and the Town are bound in the long term by an indissoluble link. We consider that improving this relationship can reap more benefits to the Village than maintaining a contentious one.

For example, the Town administration’s willingness to work with the Village with respect to the applicable Croton Watershed protection obligations could be a window of opportunity to start improving this relationship. [179] The Village can work in conjunction with the Town to comply with the mandates that are applicable to both parties as protectors of the Croton Watershed, given the regional implications of the mandates. The Village could ask the DEP to mediate and/or coordinate these joint efforts, capitalizing on the currently existing contractual relationship and its implications (see below).

The relocation of the Village and the Town offices to a joint Civic Center (see Governance: Main Street section above) would also be an opportunity to set a new course in the relationship between the two governments, as would the execution of intergovernmental cooperative agreements for the joint provision of services with the Town (see Finance section below).

Acknowledge the implications of the agreement entered into with the New York City Department of Environmental Protection.

The Village must be aware of the implications of the agreement entered into with the DEP.  A complete understanding of this new responsibility in watershed conservation begins on the local level: there is a need for increased community-wide awareness and efficiency in regards to the operation and maintenance of the wastewater treatment plant and the sewage system.  The Village of Brewster can then work with surrounding communities to ensure that this responsibility and efficiency [180] are maintained in perpetuity.

The DEP contract signifies a major shift in responsibility from the DEP to the Village with respect to watershed protection, as well as an opportunity for the Village in future projects.  Understanding of the contract involves acknowledging a constant responsibility with respect to the operation of the new wastewater treatment plant and sewage system.  It is in the Village’s interest to maintain the applicable efficiency standards to such operation, especially given the financial liabilities that can derive if those standards are not met.  In addition, the DEP will continue to monitor and issue permits regarding the Village’s activities with respect to the wastewater treatment plant.

In view of these considerations, there are increased Village-wide and regional opportunities for environmental stewardship.  The Village has been successful in acquiring funding for infrastructure improvements within their boundaries.  As the Village moves into the next phase of environmental conservation, it will become important to work with both the Village and Regional communities.  See information on public education and community participation in the recommendations under Economic and Community Development and ideas for innovative stormwater projects under Zoning and Land Use. 

Explore Opportunities for Regional Watershed Cooperation.

Environmental conservation can be most effective at the boundary of the watershed.  As noted in the analysis section, the Croton Planning Process has begun establishing regional ties between municipalities.  There are many other opportunities to increase environmental cooperation at the regional level.  Regular meetings with officials at the town and county level will increase communication and understanding of needs.  Working with non-profit organizations like the Hudson River Valley Greenway organization, which attempts to link common interests and create a network of communities on the county level, can help forge these important regional connections.  This non-profit organization, of which the Village of Brewster is a member, provides community planning grants and technical assistance to communities. 

The Village has received funding for the creation of the park along the East Branch of the Croton River We encourage the Village to work regionally to create both physical and political linkages between jurisdictions.  Educational programs that cut across political boundaries can also forge greater cooperation. [181]   For example, the Center for Watershed Protection works with communities around the country in an effort called, “Community Watersheds.”  They provide resources, technical support, training, and education and outreach products to over 4,000 groups. [182]

Economic And Community Development: Main Street

The Community Development section provides recommendations for community participation and community inclusion.  Community in the context of this section refers to persons that live in the Village of Brewster and are directly affected by what happens in the Village.

Main Street is a major asset from which the Village can capitalize and implement numerous physical recommendations.  This section attempts to create an added vision of Main Street in the context of cultural and community participation and integration. 

Create an Open-Air Market on Main Street on Weekends.

The new open gathering spaces described in the Urban Design: Main Street and Village sections previously for an open-air market can be utilized.

Open-air markets can include:

• Farmer’s Market.  Local farmers from the region can sell produce and other products.
• Flower Market.  South and Central America yield some of the most beautiful flowers in the world.  As part of the open-air market, flowers could be imported from these countries.  Members from the immigrant community can present these beautiful aspects of their culture.  For example, orchids are the national flower of three South and Central American countries. [183]
• Arts and Crafts.  The Village is home to one of the most diverse communities in the region.  Large populations of Central and South Americans, as well as a significant Irish community, reside in the Village.  Arts and crafts produced by these various communities can be displayed and sold at the open-air market.  Examples include: Irish knit sweaters, Guatemalan jade jewelry and wood carved jewelry boxes [184] , and Mexican Black Clay Pottery and Oaxacan Rugs. [185]
• Music and visual art.  The Boone Dog artists could display and sell their art.  Members of the immigrant community can sell and play the Marimba, a Guatemalan instrument. [186]

There are several aspects of an open-air market that would be beneficial to the Village.  First, it would generate employment for community members.  Second, it would generate revenue, increase shopping on Main Street, and promote entrepreneurship.  Third, it would encourage community inclusion through participation in understanding ethnic backgrounds that are rich in culture. 

An open-air market would help to revitalize the “heart” of the Village.  Utilizing one of the open gathering spaces described in the Urban Design sections above, particularly in close proximity to the train station, would draw people to the Village from other towns in the region.  The market would be inexpensive for the Village to start-up, as the Village’s requirements would be to provide ample space and conduct initial marketing to potential vendors.  The marketing would start by utilizing the community of the Village of Brewster. 

Provide Education and Outreach Programs and Activities at the Laborer Employment Center.

As mentioned in the Urban Design: Main Street section above, the employment center would aid laborers in the job attainment process. In addition, the center would work in partnership with the local public service programs to provide workforce development, language classes, social services, transportation, and housing for all members of the Brewster community.

• Training opportunities for employment that targets a wide variety of skills are highly recommended, such as computer training courses.  Partnership with local workforce development and one-stop centers in Putnam and Westchester Counties would add efficiency to the employment process.  Training could also be provided in the technical areas of labor employment, such as brick and construction work. 
• The Studio Team discovered that language is a major barrier for immigrant laborers to obtain full-time work.  English as a Second or Other Language classes could be offered, possibly working with the Brewster Adult Education services to give these classes on site at the laborer center. 
• In addition, programs in family healthcare and education could be considered primary of any curriculum, as providing for a healthy family is extremely important.  These classes would be held for both employed and unemployed laborers. 
• Transportation to other services and employment opportunities could be provided in partnership with Community Action Program’s transportation outreach. 
• Employment as a laborer can be sporadic and often provide low hourly wages.  Therefore, affordable housing is key.  As noted in the existing conditions section, the Village is the primary holder of low cost rental housing.  A housing openings list could be created for laborers that are in need of affordable housing.  In addition, the center would work with individuals and families to help secure long-term housing.

Laborer Employment Centers have been successful in many communities throughout the country.  The following are two examples that the Village could follow as a model for implementation of a Laborer Employment Center.

Glen Cove, Long Island, experiencing a similar influx of immigrant laborers in their community, opened a model employment facility.  The facility provides a location for day laborers to obtain employment, as well educational and training courses.  For more information: http://www.antonnews.com/glencoverecordpilot/2001/06/29/news/

City of Los Angeles has an extensive system of Laborer Employment Sites located throughout its region.  Centers are funded through their Community Development Department, as well as in-kind benefits are provided by volunteers, non-profits, and religious organizations.  For more information: http://www.ci.la.ca.us/CDD/employment/labor2.htm

Economic And Community Development: Village

Generate Community Interaction Through Cultural Events and Activities.

Create a “Sister Cites or Villages” link. [187]

The Sister Cities International Organization pairs up cities across the globe to provide mutual support and friendship between various levels of government and encourages the development of educational and cultural facilities and programs in respective communities.  The Village of Brewster can consider partnering with a village or smaller city in a Central or South American country, in order to promote and encourage dialogue between these two places.  This effort can engage growing numbers within the community.  The “sister city” program also has the potential to become the resource for crafts and other goods to be used in the proposed Village open-air market.

This organization has also created the Sustainable Development Network to promote education and cooperation around current environmental issues and concerns.  The exchange emerging from the Sister Cities would be linked further to educational institutions, including public schools and universities and colleges in the area.  Engaging in this unique opportunity, as some other New York State municipalities have, can help set a precedent for surrounding areas and further emphasize the Village’s distinct and diverse character. 

Conduct a mail survey of Village residents.

A cost effective method of obtaining community input is conducting a survey.  A survey will initiate community response to help the Village discern what is on the minds of the residents.

Sample questions would include:

• What businesses would you like to see in the Village?
• What community activities would you like to take place in the Village?
• What do you think is the Village’s best asset?
• What do you think the Village could improve?

The Village can send this survey through the mail to all households.  Upon receiving responses, the Village would need to designate a person or group to sort through and document the results.  High school students are potential volunteers for this task.

Promote community wide activities. 

The Village can promote activities and programs for residents in the areas of art, environment, theater, music, and dance.  The Village can also create events and opportunities for groups of different cultures and backgrounds to show off their traditions.  This can be done through festivals in partnership with library and museum events, in which people can exhibit their crafts and perform their music.  This would contribute greatly to the sense of community since people are able to demonstrate their skills and show their values.  For example, a day for the Boone Dog artists to showcase their work could be organized, also inviting the immigrant community to contribute something that is indigenous to their country of origin.  This can also be done in an informal way, such as asking businesses along Main Street to participate or host small events in their stores or restaurants.  This may help to also generate revenue for business, as well as they will be making a valuable contribution to community life.

Create a monthly volunteer day.

The Village can encourage people to commit to enhancing their community.  A park clean-up day where groups are engaged in the clean-up and maintenance of Village parks, coupled with workshops and educational seminars on the environmental assets of the Village would promote Village participation and education.  For example, park clean-up could be held in the new park along the East Branch of the Croton Watershed to celebrate its construction, spread awareness, and encourage future use.  Also, members of the Village could work together to clean up and construct a picnic and passive recreation area beside the baseball field in Markel Park.  These efforts serve to gather residents of the Village together and provide an excellent opportunity for environmental education.  These activities also increase awareness of the availability and close proximity of Village assets, including the parks, historic properties, and other points of attraction.

Provide course offerings. 

The Village could work with local agencies to provide acting, dance, and art classes.  A partnership can be formed with the Coordinator of Community Affairs office to provide English as a Second or Other Language for Spanish speakers and Spanish classes for English speakers. The DEP could be invited to give environmental classes, particularly for school-aged children.  Course offerings could be held in the Southeast Museum auditorium. 

Find funding sources.

There are a number of community development funding sources that would support the activities and events discussed in this section.   

• The U.S. Department of Environmental Protection Education Grant Program, “sponsored by EPA’s Office of Environmental Education, supports environmental education projects that enhance the public’s awareness, knowledge, and skills to make informed decisions that affect environmental quality.” [188]

[http://www.epa.gov/environed/grants.html]

• The New York State Council on the Arts (NYSCA) “provides support for activities of nonprofit arts and cultural organizations in NYS.” [189]

[http://www.nysca.org/public/home.cfm]

• The New York State Alliance for Arts Education “creates networks and partnership opportunities for educators and arts professionals, sponsors professional development workshops and conferences, and presents arts education programming across the state.” [190]  

[http://www.nysaae.org/components/about.html]

• The National Council for the Humanities brings humanities programs to New York State, such as State Humanities Month, Humanities Teacher Institute, Young Scholars Contest, and Speakers in the Humanities.

[http://www.nyhumanities.org/activities.html]

Zoning is a primary implementation mechanism that the Village can utilize to attain its long-term vision.  The following zoning recommendations are key strategies for achieving the vision and long-term goals.  It should be noted that all zoning recommendations must be developed within the context of the current watershed regulations.  A Zoning Ordinance enables a municipality to move forward toward the achievement of its future Objectives and Goals for its future as expressed in its Master Plan.  It also can perform many functions for the community including the following:

1. Guides and regulates orderly growth, development and redevelopment,
2. Protects established character and social and economic well-being of both private and public property,
3. Promotes, in the public interest, the most appropriate utilization of land,
4. Ensures the provision of appropriate light, air and convenience of access,
5. Prevents overcrowding of land or buildings and enables communities to avoid undue concentration of population, and
6. Conserves the value of buildings and enhances the value of land throughout the community.

The Village of Brewster has Choices

The Village has great potential and has assets to offer including access to mass transit, scenic vistas, recreational facilities and major investments in infrastructure including the soon-to-be-constructed water and sewer treatment and distribution systems.  The Village does have choices as to how it is to proceed toward its Goals and need not default to the “anything is better than nothing” mindset. There are constraints within which the Village must work. They include, but are not limited to:

1. Topography
2. Limited space for on-street parking and loading zones
3. Capacity (less safety margin) of the soon-to-be completed sewer system
4. Capacity of fresh water supply, storage and distribution system
5. Revenue from taxes and other sources
6. Bonding capacity
7. Relatively small area within the Village’s borders.

Zoning and Land Use Goals and Vision for the Village

Desirable destination for Commuters and Visitors alike

• Revitalized commercial districts that are sufficiently attractive and economically viable to draw and retain desirable retail and professional businesses including, but not limited to, boutiques, antique stores, a drug store, a bakery, a travel agency and more.
• Popular regional “Family Dining and Entertainment Center”, featuring sidewalk cafes, a movie theater, a playhouse, recreational trails for hiking and cycling, a nature center and family-friendly parks.
• Its own full-service U.S. Post Office, a picturesque Main Street and revitalized and economically viable Historic District that is sensitive to the Village’s turn-of-the-20th century small town historic heritage.
• Convenient pedestrian-friendly access to neighborhoods throughout the Village, historic areas, mass transit, parks, outdoor recreation and other “green” areas and scenic vistas, with extending linkages to similar adjacent areas in the Town of Southeast. 

Diversity in housing stock

Attractive family-friendly and well maintained residential neighborhoods

Good environmental stewardship of contiguous Croton Watershed property

Several zoning regulations can be amended to improve the future aesthetics and accessibility of the Village.  In particular, the visual character and pedestrian accessibility of Main Street can be improved through sidewalk and streetwall regulations.

Additionally, the Village of Brewster is faced with constraints on growth and development as a result of their role in watershed conservation and the strict standards set forth by the Department of Environmental Protection and the Memorandum of Agreement of 1997.  The introduction of increased impervious surfaces can cause problems with run-off and pollution of the waterways within the Village boundaries.  The Village has been adept at securing funding for the construction of new infrastructure that will mitigate many of the existing septic problems in the Village.  The Village now has the opportunity for enhanced environmental conservation that is aligned with Village economic and community development.  Innovative stormwater management projects and sustainable design can help mitigate these seemingly restrictive regulations.  Finally, opportunities for improving the zoning code are available to the Village. 

Institute New Zoning Code Recommendations.

Reassess the recently proposed zoning code amendments

As it currently stands, the zoning controls are more appropriate for low-density suburban development than for a dense, historic village.  The zoning recommendations that follow, including removal of parking requirements, and simplification of the change of use procedure, will relax the current zoning regulations, remove much of the non-conformance of structures and uses in the Village, and will make the Village more attractive for development and investment.  

Relax off-street parking requirements.

Existing zoning on Main Street, in the B-1 neighborhood business district, poses several problems for the future growth and development of the Village.  The primary zoning issue is the current parking and loading requirement for establishments on Main Street.  These requirements include one parking space for every 200 square feet of ground floor area of a building, one space for every 400 square feet of upper floor area, and required loading spaces for business of over 4,000 square feet. [191]   Currently, space does not exist within the Village for new developments to provide parking at the required rate.  This regulation is thereby onerous for developers and owners of non-conforming properties wishing to develop on Main Street, who must undergo a time-consuming and expensive process of obtaining a variance for this regulation.  Additionally, requiring this degree of parking can result in large surface parking lots fronting Main Street, a feature that is more suitable for suburban strip development than the Village Main Street.  It is likely that the proposed new parking facility will mitigate any parking issues in the vicinity of Main Street, and therefore, the zoning would be updated to remove parking requirements for the B-1 Main Street district.  The Village should consider relaxing, but not eliminating off-street parking requirements in the central businesses district (B-1) zone.

Include sidewalks and streetwall requirements for structures along Main Street.

The downtown Main Street area is one of the Village’s key assets.  A key characteristic is its walkability and density of buildings built to the lot line.  These features create a charming, pedestrian-friendly atmosphere.  Further east on Main Street, towards the end of the Village, however, the character of the Village differs drastically.  This part of Main Street is not pedestrian-oriented, as few to no sidewalks exist, and many of the structures are set back significantly from the lot line.  The lack of sidewalks and broken streetwall discourages activity in and access to this area.  It creates a dangerous pedestrian condition, and gives the Main Street an unattractive, disjointed sense.  A Village-wide sidewalk assessment of areas that require additional sidewalks or general improvement will address this need for greater pedestrian orientation.  Streetwall setbacks can be limited to approximately five feet, which will give relief to the streetscape and make small front gardens possible, without creating large gaps in the urban fabric.  Additionally, concerns that building sidewalks will increase impervious surface area in the Village can be mitigated through the use of pervious sidewalk pavers and landscaping elements that are readily available. These requirements will serve to extend the enjoyable downtown Main Street quality to the eastern end of the Village. 

Density and bulk requirements along Main Street.

All potential growth and development should take into consideration impacts on the wastewater treatment plant and sewage system.  Any changes to density and bulk requirements should be carefully evaluated on a project-by-project basis in conjunction with an independent planning consultant and the Planning and Zoning Board.

Zoning: Village

Include Innovative Stormwater Management / Impervious Surface Mitigation / ‘Green’ Building Standards into the Zoning Ordinance.

The Village must make certain that future development occurs within the stormwater runoff and impervious surface limitations imposed by the New York City Department of Environmental Protection (DEP).  Stormwater management and impervious surface mitigation standards can be written into the Village’s Zoning Ordinance.  These regulations can incorporate creative techniques that can increase the environmental quality of the Village. 

Careful technical evaluation and study should precede implementation of any of the considerations below.

Stormwater management and impervious surface mitigation

The Van Buren Community Center, in Michigan, has provided some of these creative mitigation techniques and zoning language on its website.  A few of these techniques include:

• “Where density, topography, soils, and slope permit, use of vegetated open channels in the street right-of-way to convey and treat stormwater runoff.
• Use of alternative driveway surfaces and shared driveways that connect two or more uses.
• Promote more flexible design standards for residential subdivision sidewalks. Where practical, consider locating sidewalks on only one side of the street and providing common walkways linking pedestrian area.” [192]

Additionally, high-performance ‘green’ building techniques can greatly reduce the amount of stormwater runoff and wastewater discharge created by buildings.  Because of the environmental restrictions imposed upon it by the DEP, the Village would seriously consider implementing a green building program. 

Consider density bonuses for green buildings / green roofs / impervious surface mitigation.

A specific zoning change that would serve to incentivize green buildings would be to provide a density bonus (i.e. additional allowable FAR) to those who choose to utilize green building techniques or construct green roofs.  Before such a zoning change takes place, it is important that the Village gain thorough understanding and expertise in green buildings.  One key source for obtaining information on this field is the United States Green Building Council: http://www.usgbc.org/.  Additionally, the Westchester Environment News Magazine outlines several steps that municipalities can take to implement green building programs in their communities, such as

“Reviewing and revising applicable zoning, building codes and procurement mechanisms to encourage green building, including the development of performance based building requirements for public and private buildings as appropriate.” [193]

It is recommended that the Village consider and implement some or all of these sustainable strategies within the Zoning Ordinance in order to ensure that the Village remains in compliance of the DEP’s regulations.

Parking Requirements Throughout the Village.

It is recommended that the Village relax off-street parking requirements within business districts (PB and B-2) and residential districts.  As stated in the Zoning: Main Street section above, very little space is available in the Village to fulfill parking requirements.  Additionally, requiring parking serves to increase impervious surface area.  In addition, requiring parking can negatively impact the streetwall if required parking is built as a parking lot facing the street, as is the case with Scally’s Deli and Market, located at 145 East Main Street. 

Recommended replacement of the following is a zoning language change recommended by the Zoning and Land Use Committee for subparagraph “E” of Zoning Ordinance Par. 170-22.  This is subject to review by an independent outside consultant prior to incorporation:

“A lawful nonconforming structure or a structure which contains a lawful nonconforming use which has been partly or completely destroyed or removed by accidental cause, including Acts of God, may be replaced, provided the owner or agent makes application for a building permit within six months of the date of destruction or removal. The replacement structure must be placed on the footprint of the old structure, may not be higher than the old structure, and shall be substantially the same architecture to the extent possible and to the extent permitted by building code or other applicable regulation.  The replacement of any nonconforming structure which contains a lawful nonconforming use shall be subject to review and approval by the Planning Board.”

Future Development/Re-development

Marvin Avenue

Marvin Avenue area is one of the few that has potential for desirable and economically beneficial development/redevelopment. The development potential of the north side of Marvin should be evaluated with respect to complementing the park to be built on the south side but east of the site for the new sewerage treatment plant.

RC Zone

This zone is appropriate for low density, multiple-unit housing.

Infrastructure: Village

The recommendations for Infrastructure encompass an analysis of optimal traffic and pedestrian circulation.  An assessment of the parking situation in the Village of Brewster leads to recommendations regarding the need for further analysis and possible design strategies for the construction of a parking facility.

Keep Main Street Open to Two-way Traffic.

Recommendation is to keep Main Street two-way for various reasons.  Although a conversion will increase parking, it will also increase the speed of vehicular traffic.  This will compromise the safety of pedestrians and have a detrimental impact on businesses by decreasing their visibility and accessibility. 

Vehicular routing considerations.

A one-way Main Street along the central business area in the Village creates major logistical problems.  There are a limited number of alternate routes that are available for utilization by vehicular traffic. 

Traffic would be required to divert to:

1. Marvin Avenue.  Marvin Avenue runs directly parallel to Main Street.  This street does not currently have sidewalks; therefore, there are no safe places for pedestrians to walk. Increased pedestrian and vehicular traffic expected with the addition of the planned park along the East Branch of the Croton River may exacerbate this problem.  Due to these considerations, Marvin Avenue would be dramatically improved, with sidewalks, lane striping and traffic signals at each end of its terminus.
2. Rail Road Avenue to Route 22.  This entails rerouting traffic along Railroad Avenue and connecting it with Route 22, which loops around the village and connects to the opposite end of Main Street.  Diverting traffic in this fashion has the potential of eliminating through traffic on Main Street. Main Street is currently designated as State Route 6, and it must be able to accommodate commercial truck traffic.  Currently, Railroad Avenue is not equipped to handle this traffic.  In addition, major reconstruction would be required at the intersection of Railroad Avenue and Route 22, due to the lack of proper signals.  This intersection also contains a sharp left turn and a steep grade change that does not meet highway standards. Another alternative is to direct traffic to turn off Railroad Avenue before this intersection onto Morningthorpe Avenue to connect with Route 22.  However, the bridge on Morningthorpe has a five-ton weight limit and an uphill traffic signal, two factors that will also pose a challenge to the large trucks.
3. Oak Street.  Oak Street is a narrow residential street with limited sidewalks and bad sightlines for higher speed traffic.  Due to the residential nature of this street it would not be advisable, regardless of improvements, to reroute traffic along this road. 



              Figure 10-11 Locations where the opposite direction of traffic could be rerouted

Safety considerations.

Two-way traffic makes pedestrian crossing safer by reducing the speed of traffic and decreasing the number of turning patterns at intersections.  The slower traffic is generally caused by a greater caution by drivers with the presence of oncoming traffic.  Driving speeds increase with the elimination of oncoming traffic in a one-way traffic scheme.  This moves through traffic faster at the expense of pedestrian and vehicular safety.  [194]  



     Figure 10-12 Conflicts caused by one-way streets can be confusing to both drivers and Pedestrians.  [195]  

Business considerations.

The introduction of a one-way Main Street is estimated to have a negative overall effect on business establishments.  Regardless of the possibility of increased parking, the loss of accessibility and visibility is a detriment.  One-way traffic on Main Street is likely to cause confusion, and may enhance the desire for shopping at more accessible locations outside the Village.

Add Roundabout to the Intersection of North Main and Route 6.

A roundabout at this intersection would provide several advantages.

4. Continuous traffic flow,
5. Easy and efficient access to the business area of Brewster,
6. Opportunity for individuals traveling north on North Main Street to turn back into the downtown area, and  
7. Visual enhancement of a major entry point into the village.

This idea was previously presented in the 1990 Village Master Plan.  The general design of this would match that of the 1990 master plan with the additional considerations for bicyclists on incoming streets.



Figure 10-13 Proposed traffic circle

Evaluate the Intersection of Main Street and Railroad Avenue,

Eliminate traffic from the alley behind the Town Hall at the intersection of Main Street and Railroad Avenue.

The recommendation to close the alley behind Town Hall to vehicular traffic would change traffic patterns.   Vehicles, which currently use the alley, would be forced to find alternative routes.  What follows is an exploration of the changes to traffic flow that the closing of the alley will create a discussion of some of the implications.  To begin, traffic heading north on Railroad Avenue, which uses the alley to head east on Main Street, would be required to use the intersection of Main Street and Railroad Avenue just north of Town Hall.  This would create additional demand at this intersection, which already experiences heavy traffic during peak train times.

Second, traffic traveling south on Railroad Avenue, which formerly was able to travel east via the alley onto Main Street, will be eliminated.  Vehicles, which formerly used the alley, will have two primary alternatives.  One alternate route for these vehicles will be to turn east on Marvin Avenue, which will then connect them to Main Street to the east of the Village.  The other alternative is to turn onto Main Street north of Town Hall.  There is expected to be an increase in traffic on Marvin Avenue due to the change.  This increase will occur primarily at peak times during the day.  Improvements to Marvin Avenue, as discussed previously, are recommended for safe pedestrian and bicycle access. 

The proposed changes would increase traffic at the intersection of Main Street and Railroad Avenue.  The elimination of confusing, difficult and dangerous turns in and out of the alley is a major benefit.  In addition, it will increase pedestrian safety for passengers using the train station.

Conduct further study of the intersection of Main Street and Railroad Avenue.

In the short-term, there should be a study of affects of the new traffic patterns proposed.  In the long-term, the Village should partner with the New York State Department of Transportation to consider alternative measures to enhance flow and safety for both pedestrians and vehicles at the intersections.  Examples of alternatives include eliminating the left turn around from Main Street on to Railroad Avenue, adding a traffic signal, and completely rerouting Route 6 onto Railroad Avenue to connect to Route 22 south of the Village.

Proposed Parking Structure

Consider mixed use for the structure, including rooftop green space or ground floor commercial space, as examples.

A parking structure should connect with Main Street, expanding the commercial corridor.  In this way, we encourage the creation of commercial space on the upper deck of the parking structure, and possibly on the lower level.  With regards to the upper deck, there is the opportunity for a restaurant/café with excellent views over the Croton River, which could become an attractor for the Village.  We also recommend the inclusion of green space on the roof deck and the exploration of environmentally sustainable design, which will help to minimize wastewater from the structure.

Parking validation and permits.

To our understanding, the parking structure will be primarily used for commuters to park and ride. The garage could provide additional benefits to the Village if it is used as parking for shoppers of the Main Street businesses. The Village could implement a system in which parking validation is provided to customers shopping at business establishments on Main Street.  This system would be analogous to the system used in malls or shopping centers.

Note that there is no waiting list for parking in the Village of Brewster.  The Village does not have a parking problem, but rather an opportunity to provide easier access for shoppers and commuters.  The proposed parking structure will help to simplify the current confusion over parking and mitigate the perceived parking problem.

Build a sky bridge from the train station to Main Street.

Avoid building a sky bridge from the train station directly to the parking structure.  Instead, implement a sky bridge from the train station to Main Street. This would force all railroad customers to "set foot on Main Street".  If there is greater volume of foot traffic on Main Street, then there is greater opportunity for sales.  Requiring everyone exiting the train to depart using the same stairway also increases safety, as there is safety in numbers.  People will also have more connection with the Village if they are unable to bypass Main Street.

Conduct a scale and design study to minimize shadows and obstruction of sightlines before final design approval.

The addition of any built structure to Main Street has the potential to negatively impact sightlines and create issues of scale and contextuality. A poorly scaled structure can impact pedestrian walkability on Main Street by casting shadows and decreasing street level activity. Careful design of any structure should be undertaken, including pedestrian lighting, the possibility of ground floor and upper floor commercial activity (day and night-time), and environmental sustainability measures.  As Main Street is an area rich in built history, it is important that designing within the existing contextual frame of the surrounding buildings preserves the scale of the corridor.

One of the Village’s main concerns is increasing the local tax base.  The following are several recommendations and ideas to be explored in the future. 

Finance: Village

Implement a Capital Improvement Plan.

On April 24, 2002, the Superintendent of Public Works submitted to the Board of Trustees a Master Plan Update that detailed a Capital Improvement Program that would guide efficient and organized infrastructure improvements.  The Board of Trustees would consider implementing Capital Improvement Program.  The objective of the program is to lay out a 25-year plan of needed capital improvements.  The Superintendent of Public Works divided the Village into twelve sections; each section will take approximately two years to complete. [196]   Improvements would include drainage, sidewalk replacement, and road maintenance.  The Capital Improvement Program could be financed through a direct fee to residents, and/or allotting a certain percentage of parking permits fees toward the program.  The institution of a Capital Improvement Program affords the Village added protection in case of a major disaster or emergency.

Likewise, a percentage of the water fees would go towards a water-system improvement program, for protection against a disaster or emergency.  The Village is taking a positive step by authorizing the design of a new water distribution system. This is expected to alleviate current issues surrounding the water distribution system, including the broken well and insufficient water pressure, particularly in the residential area on the top of the hill, adjacent to the two schools.  This signifies a fire-safety issue that would be resolved immediately.  The line carrying water to the Allview/Meadow section of the Village is in need of replacement. [197]   The Village’s first step, currently under way, is capitalizing on other construction measures with replacement of the water lines.

Raise Parking Fees.

We recommend that the Village of Brewster raise the fees for parking permits.  Parking lots at nearby train stations have waiting lists of 200 commuters or more.  Therefore, the Village of Brewster currently has a captive audience who will have little other choice than to pay the increased fee.  The ability to increase the parking permit fee will only last as long as there is demand for parking in the area.  As soon as more parking resources are available at the Brewster North station, higher rates may be undesirable.  However, if a parking structure is built near the train station and the parking becomes more accessible and convenient, the Village may be able to retain higher rates.

Reassess Water Rates.

The Village may be undercharging for water users both in and outside the Village.  The Village would therefore reassess the rates that they are charging. Water rates can be found in Infrastructure and Environment the existing conditions section.

In Village

The Village would consider reassessing the flat-water fees. Flat fees discourage water conservation. However, the installation of water meters throughout the Village will facilitate a rate system based on usage.  The actual rate that would be charged can be estimated by comparing rates charged in other towns.  In addition, system maintenance would be reflected on the user’s water bill.  This would be a flat fee per user, and the revenue would go towards a water system maintenance and improvement plan.  The next step for the Village in reassessing water rates is analysis into the rates charged in other municipalities.

 

Out of the Village

The Village would research increasing the water rates for users outside of the Village.  Because these users do not pay taxes to the Village, it is imperative that a maintenance fee be charged to these users as well.  While it is understood that the metering contract applies only to users inside the Village boundaries, the Village may also want to consider metering users outside the Village.

Explore Other Alternatives to Increase Ratables.

The Village must explore other alternatives to attain its goal of increasing Village ratables.  The annexation – coterminous government strategy can be lengthy, complex, expensive, and uncertain (see “Analysis” chapter of this report).

The Village would analyze other mechanisms provided under New York State law such as the consolidation of town and village governments, village dissolution, and the execution of intergovernmental cooperative agreements for the provision of services. This analysis would be thorough, encompassing the legal, fiscal, and budgetary implications of each alternative.

It is necessary that the Village contact the available governmental resources for guidance and expert support in this regard (e.g. the New York State Conference of Mayors and Municipal Officials, the Local Government Assistance Network, or the New York State Department of State’s Division of Local Government Services). We are aware of the Village’s budgetary restrictions. However, given the importance of this matter, the Village could consider retaining outside counsel to perform this analysis.

RECOMMENDATION MATRIX

This section provides a matrix that lays out the recommendations set forth in this chapter.  This tool will recapitulate the Studio team’s recommendations and assemble them into five categories.  The categories include:

3. Action Contingent on Improved Relationship with the Town of Southeast;
4. Immediate Action;
5. Further Analysis and Research;
6. Action Contingent on Funding; and
7. Action Contingent on Another Activity.

The Action Contingent on Improved Relationship with the Town of Southeast classification are recommendations that are based on increased communication and participation with the Town of Southeast.  This category is primary as it set the groundwork for implementation of numerous recommendations in other categories.  Immediate Actions are the recommendations that the Village can engage in without delay.  These actions are particularly focused on community participation and zoning.  Further Analysis and Research category are recommendations that the Village should study in-depth to determine their feasibility.  For example, further analysis and research needs to be conducted prior to implementing the finance recommendations.  If finance recommendations are feasible or if the Village attains capital for operation, then the Actions Contingent on Funding should be applied.  Lastly, there are Actions Contingent on Another Activity.  These recommendations cannot be realized until another recommendation or activity has occurred first. 

The Village should use this matrix to determine its priorities in realization of this vision.  It is imperative that the Village of Brewster, with knowledge of its own timeframe for project completion, construct an implementation plan.  The matrix categorizes only the main recommendation.  There are many recommendations that have detailed sub-categories. 

CATEGORY	RECOMMENDATION	SECTION
ACTION CONTINGENT ON IMPROVED RELATIONSHIP WITH THE TOWN OF SOUTHEAST	Explore opportunities for greater cooperation with the Town of Southeast.	Governance: Region
	Create a Civic Center.	Governance: Main Street
IMMEDIATE ACTION	Implement political participation mechanisms.	Governance: Village
	Explore opportunities for regional watershed cooperation.	Governance: Region
	Generate community interaction through cultural events and activities.	Economic and Community Development: Village
	Institute new zoning code recommendations.	Zoning: Main Street and Village
	Keep Main Street open to two-way traffic.	Infrastructure: Village
FURTHER ANALYSIS AND RESEARCH	Raise Parking Fees.	Finance: Village
	Reassess Water Rates.	Finance: Village
	Institute an impervious surface fee.	Finance: Village
	Develop tradable water rights.	Finance: Village
	Explore other alternatives to increase ratables.	Finance: Village
	Create an open-air market on Main Street on weekends.	Economic and Community Development: Main Street
	Evaluate the intersection of Main Street and Railroad Avenue.	Infrastructure: Village
	Conduct an analysis of the proposed parking structure.	Infrastructure: Village
ACTION CONTINGENT ON FUNDING	Implement a Capital Improvement Plan.	Infrastructure: Village
	Implement “Three Nodes” design and other physical improvements.	Urban Design: Main Street
	Make vertical connections.	Urban Design: Village
	Create historic and environmental connections.	Urban Design: Village
	Add traffic circle to the intersection of North Main and Route 6.	Infrastructure: Village

CATEGORY	RECOMMENDATION	SECTION
ACTION CONTINGENT ON ANOTHER ACTIVITY	Provide education and outreach programs at the Laborer Employment Center. [Action contingent on Village government relocating.]	Economic and Community Development: Village
	Establish bike/pedestrian path connections to create stronger regional relations. [Action contingent on bike path connections being created by other organizations.]	Urban Design: Region

The Idea behind the Implementation strategy below is to capitalize on those actions which can be accomplished in the short-term.  The analysis and recommendation committee has organized the recommendations initially presented by the three advisory master plan committees.

The chart is divided horizontally by immediate, intermediate, and long-term considerations.  Vertically, physical, management, and communicative actions divide the chart.  The long-term goal is to have everything manifested in the physical and policy columns.  However, physical actions that are likely to be achieved only in the long-term should be considered in the immediate.  These will be found in the communicative column and involve outreach to interested and involved parties.  For example, the creation of a day laborer center is likely to be long-term.  However, in order to facilitate initial exploration, an exploratory committee should be established to do research, involve the local community and put together a strategic plan.  The result of this committee’s short-term and intermediate work will be extremely helpful in laying the path to successful implementation. 

PHYSICAL ACTION Beautification Strategy Community Pride Program Clean Sidewalks Bulletin Boards Volunteer clean-up day Sidewalk planters Infrastructure replacement -new WWTP -passive rec. Park Immediate	MANAGEMENT ACTION Coordinate local business involvement Newsletter Village website State of the Village report Village Promotion Committee Rewrite zoning code with help Of zoning expert(possible Pace U involvement as in Cell tower Legislation)                         Immediate	COMMUNICATIVE ACTION Intermunicipal Relations w/ SE -meetings w/ mediator -water and sewer issues -finances Exploration committee on Day Laborers -Outreach for Post Office -Outreach for bus routes -Grant Outreach(Small Cities) -Involvement in Rails to Trails bike initiatives Immediate
Main Street signage Façade/building clean-up Rails to Trails construction connection into Village Post office in Village Implementation of more bus routes sidewalk construction as needed Intermediate	Implement and enforce zoning  regulations Intermunicipal Agreement in Law Term limits consideration for Mayor and Trustees Intermediate	Continue working with Southeast -exploration on shared facilities -Wells and Markel Parks -accessibility and fee structure -County assistance outreach -Continuing Grant Outreach Study of Historic Districting Study of Green building techniques Intermediate
Triangle Park construction near Train Station Day Laborer Center (contigent on exploratory findings) Node 4 development of North Main Street Possible Redevelopment of Marvin Ave(subject to WWTP Capacity) Sidewalk construction & Upgrade as necessary Long-Term	Village Manager Job creation Separate jobs of Village Clerk/treasurer Long-Term	Working relationship with Southeast More County involvement -More intermunicipal grant outreach Long-Term

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[1] The U.S. Census Bureau. Online at: http://www.census.gov

[2] The median age measure divides the age distribution in a the selected areas of study, into two equal parts: one-half of the population falling below the median value and one-half above the median value. Source: The U.S. Census Bureau. Online at: http://factfinder.census.gov/home/en/epss/glossary_m.html

[3] According to the U.S. Census Bureau, the race and Hispanic origin categories are self-identification items in which respondents choose the race or races and ethnicities with which they most closely identify. Source: The U.S. Census Bureau. Online at: http://factfinder.census.gov/home/en/epss/glossary_r.html

[4] A person who self-identifies as the “other” category is a person who identifies himself or herself as of one race alone, but does not self-identify with any of the five race categories, as prescribed by the U.S. Census Bureau (White, Black of African American, American Indian or Alaska Native, Native Hawaiian or Other Pacific Islander, or Asian).

[5] A linguistically isolated household is one in which no member 14 years old and over (1) speaks only English or (2) speaks a non-English language and speaks English very well." In other words all members 14 years old and over have at least some difficulty with English. Source: The U.S. Census Bureau. Online at: http://www.census.gov

[6] The gross rent refers to the amount of rent agreed to by lease or contract, plus the estimated average monthly cost of utilities (electricity, gas, and water and sewer) and fuels (oil, coal, kerosene, wood, etc.) if these are paid for by the renter (or paid for the renter by someone else). Gross rent is intended to eliminate differentials, which result from varying practices with respect to the inclusion of utilities and fuels as part of the rental payment. Source: The U.S. Census Bureau. Online at: http://factfinder.census.gov/home/en/epss/glossary_m.html

[7] Median measure generally divide the selected areas of study, into two equal parts: one-half of the population falling below the median value and one-half above the median value. Source: The U.S. Census Bureau. Online at: http://factfinder.census.gov/home/en/epss/glossary_m.html

[8] A watershed is a network of streams, rivers, lakes and other water sources that supply drinking water, habitat for plants and animals and areas of natural beauty. Source: the Center for Watershed Protection

[9] “Indemnity Clause: The agreement holds the City harmless …whatsoever for bodily injury, sickness (including death), and property damage at any time arising out of or resulting from any of the Work to be carried out pursuant to this Agreement which is sustained by any Indemnified party to the extent that such injury, sickness, and disease and/or property damage was in any way due in whole or in part to the negligence, fault, failure or omission of the Indemnitor or any of its officers, employees, agents, consultants, subconsultants, contractors or subcontractors” (Draft Contract April 2000)

[10] Substantial Completion of the Sewer System includes:

- Completed construction and installation of the Sewer System, including all force mains and sewer lines

- Completed construction of the necessary pump stations

- Completed construction of the sewer systems to the WWTP

- Construction and installation of the individual sewer lines from the main sewer lines on each Village parcel

- Sewer System is operable

[11] This map was created by urban planning students at Columbia University using base data provided by JFRA.

[12] This map was created by urban planning students at Columbia University using base data provided by JFRA.

[13] This map was created by urban planning students at Columbia University using base data provided by JFRA.

[14] Definition of air stripper: The air stripping treatment process relies on the transfer of volatile organic compounds from water into air. Contaminated water enters the top of the air stripping tower and flows down through the packing material in a thin film. An air stream is forced upward through the tower. Within the tower, the contaminants are transferred from the thin film of contaminated water into the flowing air stream. Treated water exits from the bottom of the tower, while air containing the volatilized contaminants is exhausted through the top of the tower. Any emissions above Clean Air Act standards are treated prior to release.  From: The US Army Core of Engineers, Seattle District website at: http://www.nws.usace.army.mil/PublicMenu/Menu.cfm?sitename=pmem&pagename=Definitions#airstrip

[15] This map was created by urban planning students at Columbia University using base data provided by JFRA.

[16] This map was created by urban planning students at Columbia University using base data provided by JFRA and the Superintendent of Public Works.

[17] This map was created by urban planning students at Columbia University using base data provided by JFRA and the Superintendent of Public Works.

[18] This map was created by urban planning students at Columbia University using base data provided by JFRA.

[19] This map was created by urban planning students at Columbia University using base data provided by JFRA.

[20] This map was created by urban planning students at Columbia University using base data provided by JFRA

[21] This map was created by urban planning students at Columbia University using base data provided by JFRA.

[22] This list is compiled from the list of historic properties found in both the “Downtown Revitalization Plan for Historic Brewster” as well as the 1990 Master Plan for the Village of Brewster.

[23] Buckhurst Fish Hutton Katz Inc. and Jacquemart Associates Inc. Village of Brewster Master Plan. New York, 1990.

[24] Mack v. President and Trustees of School Board of Village of Briarcliff Manor, 1939, 171 Misc. 165, 11 N.Y.S.2d 311.

[25] As per §1-102 of the Village Law, the Village has the power to:

To take, purchase, hold, lease, sell, and convey real and personal property, as the purposes of the Village may require.

To take by gift, grant, bequest or devise and hold real and personal estate absolutely or in trust for any purpose of the Village or for any public use (upon the terms or conditions prescribed by the grantor or donor, and accepted by the Village), and to provide for the proper administration of the same.

To take unconditionally by gift, grant, bequest or devise for any other purpose any real or personal property or estate or interest therein, to hold the same for only such time as is reasonably necessary to sell, convey or to dispose thereof, and to so sell, convey or dispose thereof; notwithstanding that the holding of such property is not for a Village purpose or for a public use.

To contract and be contracted with, to sue and be sued, to complain and defend, and to institute, prosecute, maintain, defend, and intervene in, any action or proceeding in any court.

[26] [26] The exercise of this power requires State enabling legislation (Article IX, §1(g) of the New York State Constitution).

[27] All Village officers whose election is not provided for by the New York State Constitution are elected by the people of the Village, or appointed by Village officers as may be provided by law (Article IX, §1(b) of the New York State Constitution). Village residents also vote for officials in the Town of Southeast (Buckhurst Fish Hutton Katz Inc. and Jacquemart Associates Inc., Village of Brewster Master Plan, New York, January 1990).

[28] Other relevant right, powers, privileges, and immunities of Villages under Article IX, §1 and 2 of the New York State Constitution:

The power to agree with the federal government, a state or one or more other governments within or without the state, to provide cooperatively, jointly or by contract any facility, service, activity or undertaking which each participating local government has the power to provide separately. The exercise of this power requires State enabling legislation (Article IX, §1(c) of the New York State Constitution).

The power to take by eminent domain private property within its boundaries for public use together with excess land or property (but no more than is sufficient to provide for appropriate disposition or use of land or property which abuts on that necessary for such public use), and to sell or lease that not devoted to such use. The exercise of the power of eminent domain and excess condemnation by a local government outside its local boundaries requires State enabling legislation (Article IX, §1(e) of the New York State Constitution).

The immunity from being prohibited by the State legislature:

To make a fair return on the value of the property used and useful in its operation of a gas, electric or water public utility service, over and above costs of operation and maintenance, and necessary and proper reserves, in addition to an amount equivalent to taxes which the service, if privately owned, would pay to it.

To use such profits for payment of refunds to consumers or for any other lawful purpose.

The power to adopt and amend local laws not inconsistent with the provisions of the Constitution or any general law relating to the following subjects, whether or not they relate to the property, affairs or government of the Village, except to the extent set forth by the State legislature:

                  (i)              The powers, duties, qualifications, number, mode of selection and removal, terms of office, compensation, hours of work, protection, welfare and safety of its officers and employees.

                  (ii)            The membership and composition of its legislative body.

                  (iii)           The transaction of its business.

                  (iv)           The incurring of its obligations.

                  (v)             The presentation, ascertainment and discharge of claims against it.

                  (vi)           The acquisition, care, management and use of its highways, roads, streets, avenues and property.