Village Board of Trustees
Regular Meeting
August 2, 2007
7:30 p.m.
A Regular Meeting of the Board of Trustees of the Village of Briarcliff Manor, New York was held in the Village of Briarcliff Manor Village Hall, at 1111 Pleasantville Road, Briarcliff Manor, New York of the 2nd of August commencing at 7:30 p.m.
Present
William J. Vescio, Mayor
David Venditti, Deputy Mayor
Robert Mayer, Trustee
Elsie Smith, Trustee
Gayle Waxenberg, Trustee
Also Present
Michael Blau, Village Manager
Ingrid Richards, Assistant Village Manager
Clinton Smith, Village Attorney
Christine Dennett, Village Clerk
Continuation of Public Hearing – Chapter 220 Zoning, Section 2, Definitions, Section 220:A5, Schedule Limiting the Use of Buildings and Land and the Location, Arrangement, Bulk and Size of Buildings. These provisions were part of the Local Law commonly called the Bulk Housing Law. Amendments to the Code include, but are not limited to: eliminates increased setbacks and creates two standard setbacks based upon the Gross Floor Area (GFA) of a residence; requires landscaping; portions of decks greater than specified amounts will be included in the GFA calculation; adds certain grandfathering provisions for existing homes built at previous minimum setbacks.
Upon motion by Trustee Smith, seconded by Deputy Mayor Venditti, the Board voted unanimously to reopen the public hearing.
Ms. Sarah Yackel of Buckhurst, Fish and Jacquemart reviewed the Environmental Assessment Form (EAF). She stated the EAF was sufficient and defensible.
Ms. Marni Tihany of 132 Ridgecrest Road stated she addressed the Board before and wanted to express how she’d been living for the last 6 months with her neighbors. She explained the current setbacks of her neighbor’s house and what they could be if the proposed law is adopted. She stated she was well into the 5 figures with landscaping to give them privacy and invited the Board to stop by and see what the property looked like. She further stated if the neighbor was allowed to build a bigger house it would be even more offensive and she wanted the Board to see the impact.
Mr. Tony Anisman of 51 Cypress Lane stated he lived in the Village for a couple of years and he was thinking of adding an addition to his home. He asked about setbacks for the 1st and 2nd floor and how they would differ.
Ms. Elaine Behling of 54 Browning Drive stated she knew about the former Secrest house on next to the Tihany’s and they got a variance to expand their home. She stated the proposed law addresses sprawling ranches.
Ms. Nancy Pine of 25 Aspinwall Road stated most of the people in attendance had been to the other hearings and the Neighbors Association sent out a mailing with the GFA worksheet in it and it wasn’t a secret. She said the proposed law will allow for bigger homes that are closer to their neighbors and that was undesirable. She stated there were a number of contradictions in the EAF and invited the Board to meet with her so she could show them. She stated smaller setbacks allow bigger dwellings and many of the homes on Austin Place had to be scaled down to meet the requirements of the current law. She further stated Planning Board records will attest to what she was saying. She stated table 2 has smaller setbacks than the law from 1999 which prompted the McMansion concern in the first place. She
discussed the delayed setbacks and the impact of homes on hill. She stated the law was manipulated when there might not even be a downhill neighbor. She stated the homes you used as examples wouldn’t even be affected making it a moot point. She discussed building lot coverage and stated it didn’t work for any property over an acre and it only worked for ranches. She stated she’d be happy to sit down with the Board and provide them with a copy of her notes.
Ms. Hillary Messer of 441 Sleepy Hollow Road stated it was obvious that Ms. Pine was very dedicated and spent a lot of time analyzing the proposal. She further stated she agreed that 1% of residents understood the bulk law and its affects on their property. She stated she was a member of the Zoning Board and before being a member had to appear before them to get a variance for her home. She stated experiencing it first hand she felt the bulk law needed to be reviewed and it should be every couple of years to see its efficiency. She congratulated the Board and stated the majority elected them knowing they were going to review the bulk law.
Ms. Liz Peldunas of 50 Ridgecrest Road stated she was befuddled and disappointed. She stated the current law was passed in the summer of 2003 and why should this hearing be any different.
Deputy Mayor Venditti stated the difference was this was the 6th or 7th public hearing over a 2 year period with a much more extensive EAF than for the 2003 Bulk Law.
Ms. Peldunas stated she was disappointed because the tables in the EAF didn’t make sense and they don’t bolster the argument. She encouraged the Board to not end the hearings in the summer and let it take its course. She asked that some of the definitions be redefined to make it easier for folks to go through and cutting off the process now would be unfair.
Ms. Marni Tihany stated she signed the variance to allow the Secrest’s to expand their house by adding a garage. She stated the Board was working very hard and she appreciated everything they did but she was expressing her concern on visual impact.
Mrs. Margo Berger of 2 Elizabeth Court stated a lot of questions had been raised and a lot of inconsistencies had been brought to her attention. She asked if the Board planned to answer the questions raised by the attorney at the last hearing.
Mayor Vescio stated the attorney was supposed to get his comments to the Board on July 26th but they received them at 4:30pm today. He further stated the Board has made revisions based on public comments.
Mr. Clay Tiffany of Hall Road stated if the contradictions pointed out are true he believed it would mandate starting over. He stated if no analysis was done how were conclusions made. He stated 2 members of the Board had fiduciary interests and they should exclude themselves from voting. He stated he has been to other communities with better schools and they don’t have the McMansions the Village has. He stated Ms. Messer is a contractor and has a conflict of interest. He implored Mayor Vescio and Deputy Mayor Venditti to recuse themselves.
Upon motion by Trustee Mayer, seconded by Trustee Waxenberg, the Board voted unanimously to close the public hearing.
The Board directed Village Attorney Smith to have a draft prepared to review the negative declaration.
Continuation of Public Hearing – Chapter 220 Zoning, Section 16 (A) (4), Nonconforming Buildings and Uses, Effect of Serious Damage, to modify the requirements for the reconstruction of nonconforming buildings destroyed or damaged.
Upon motion by Deputy Mayor Venditti, seconded by Trustee Waxenberg, the Board voted unanimously to open the public hearing.
Ms. Nancy Pine of 25 Aspinwall Road stated she wasn’t aware of any houses in the recent past that were affected by any catastrophic events. She stated the law was being changed to permit somebody to rebuild regardless of whether it meets current zoning laws. She further stated she thought it was very narrow minded and thought it was the role of the Board to look beyond the individual homeowner and see the community as a whole. She stated the home could have been too large in the past and why repeat the same mistake. She stated mistakes have been made and this perpetuated that. She stated she didn’t fault the Board for their intent but there was a broader view.
Deputy Mayor Venditti stated he couldn’t imagine a more arrogant position than to deny someone the right to rebuild their home and it could also be a financial burden. He further stated a full replacement rider policy would only come into play if the homeowner could fully replace their home, if not there could be a loss of equity if a smaller home was built.
Mayor Vescio stated they were looking at the broader view.
Ms. Pine stated the Zoning Board was there for a reason and clearly the Board had their ideas.
Upon motion by Deputy Mayor Venditti, seconded by Trustee Waxenberg, the Board voted unanimously to close the public hearing.
Upon motion by Deputy Mayor Venditti, seconded by Trustee Mayor the Board voted unanimously to amend the legislation under section 4a, line 1, and insert non-residential after non-conforming.
Upon motion by Deputy Mayor Venditti, seconded by Trustee Waxenberg the Board voted unanimously to amend the legislation to change the second section “C” to section “D”.
Upon motion by Deputy Mayor Venditti, seconded by Trustee Smith the Board voted unanimously to approve the following resolution:
BE IT RESOLVED that the Board of Trustees does hereby amend the Code of the Village of Briarcliff Manor, Chapter 220, Zoning, Section 16 (A) (4), Nonconforming Buildings and Uses, Effect of Serious Damage.
Board of Trustees Announcements
§ A new ambulance is scheduled to be delivered and the Ambulance Corps is celebrating their 60th Anniversary
§ A new developer has purchased the property at the former Kings College site and they will present at the August 16th meeting to give a timetable
Village Managers Report
§ As part of the library construction the bike path access point is currently closed. A temporary access point will be put on the south side of the building as soon as the parking lot is completed.
Public Comments
Mr. Clay Tiffany of Hall Road stated a crime was committed against him by posting his picture and social security number on trees in his neighborhood. He further stated he had an idea of who the suspects could be. He stated that Mr. Morrissy should be disqualified from the Holiday Display Committee due to his beliefs and he volunteered himself to replace him.
Fire Department Membership
Upon motion by Trustee Smith, seconded by Trustee Mayer, the Board voted unanimously to approve the following resolution:
BE IT RESOLVED, that the Board of Trustees of the Village of Briarcliff Manor hereby approves the membership of John Allen to the Briarcliff Manor Hook & Ladder Company.
Appropriation of Fund Balance FY 2006/07
Upon motion by Trustee Mayer, seconded by Trustee Waxenberg, the Board voted unanimously to approve the following resolution:
BE IT RESOLVED that the Board of Trustees does hereby appropriate $140,663 of Debt Service Fund Balance in the General Fund from Fiscal Year 2006-2007 to fund the reduction of BAN principal from the issuance of Serial Bonds in November of 2006.
BE IT FURTHER RESOLVED that the Board of Trustees does hereby transfer the General Fund balance appropriation of $140,633 to Capital BAN Principal (A9901.911).
Minutes – Special Meeting, July 16, 2007
Upon motion by Deputy Mayor Venditti, seconded by Trustee Smith and one abstention by Trustee Waxenberg, the Board voted to approve the minutes of July 16, 2007.
Announcements
Mayor Vescio stated the groundbreaking ceremony was well attended and they anticipated a smooth project.
Deputy Mayor Venditti stated tonight’s hearings were scheduled at the July 16, 2007 Special Meeting and sufficient notice was given.
Adjournment
Upon motion by Trustee Smith, seconded by Trustee Mayer, the Board voted unanimously to adjourn the meeting at 9:15pm.
Respectfully submitted by,
Christine Dennett
| 