Village Board of Trustees
Regular Meeting
August 16, 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 16th 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
Absent
Christine Dennett, Village Clerk
Presentation by Briarcliff Manor Investors (BMI) – CCRC at Former Kings College Site
Mr. William Null of Cuddy & Feder introduced Mr. Matt Philips to the Board and the public.
Mr. Matt Philips explained the proposed project and stated it was still a work in progress.
Mayor Vescio asked if they had any preliminary conversations with the state regarding their permits.
Mr. Philips stated they couldn’t do a transfer of ownership because Class Residence by Hyatt never got final approval. He further stated it looked promising because Hyatt made it through the process and they hoped to do the same.
Mr. Nick Evanchik of 119 Alder Drive asked what sort of assurance the investors could give the Village. He asked if the arrangement with the National Electrical Benefit Fund was public information. He asked if they would still be providing a meeting room available to the public and if so, was a room necessary at the library and further asked if they were honoring the two million dollar provision that Hyatt committed to.
Mr. Philips stated they would honor the commitments made by Hyatt and in the best case scenario the Lodge Room wouldn’t be open for another four to five years. He stated he would have to think about disclosing their financial agreement because they were a private company. He stated they’ve invested 65 million dollars into the project and they want it to work as well.
Mayor Vescio stated the meeting room in the library was a dual purpose room and as far as BMI’s commitment he asked the same thing. He asked them to consider building the ball fields up front or give some of their other donations.
Mr. Mort Berger of 2 Elizabeth Court stated with Hyatt a large amount of units had to be pre-sold and asked if they set a figure yet.
Mr. Philips stated they hadn’t set a figure but it would most likely be between 50% and 70%.
Mr. Berger asked if parking was encompassed in the ball field project.
Mr. Philips stated whatever was set for in the Special Use Permit would be included.
Mr. Louis Linder of 21 Pine Road asked what the target price for the units would be and asked what the impact would be on taxes.
Mr. Philips stated they were finishing their market research but expected the entrance fees to be somewhere around $500 a square foot totaling $700,000 to $800,000 per unit. He further stated Hyatt was over $1,000,000 per unit.
Mayor Vescio stated under Hyatt about $800,000 would have come to the Village in taxes and he anticipated the applicant would honor the same commitment.
Mr. Zen Eidel of Lodge Road asked how high the two story building would be and asked when the elevations would be known.
Mr. Philips stated they would know the elevations in the end of November but he didn’t know the actual height and it would be known as the project moved further along. He stated they would be mindful of neighbors.
Mrs. Margo Berger asked for clarification as to who was doing what with the project.
Mr. Philips stated who the property owners were, who owned the project and who would operate the CCRC.
Mr. David Weinberg stated the layout of the project looked very random and asked if it was possible to maintain the natural terrain.
Mr. Philips stated from a site standpoint the layout was less intense and they were taking costs into consideration.
Board of Trustees Announcements
§ Paving will begin on Route 9 on August 26th
§ The library is under construction and residents should only park in designated areas
§ Community Day is September 8th from 2pm-10pm
§ Any residents interested in the Cultural Events Committee should contact the Village Manager’s Office
Village Managers Report
§ Parking at the library is very limited and only library patrons should park in the available spaces. Anyone using the park should park behind the Atria or on Van Lu Van Road.
§ Access to the bike path needed to be cut of by the library due to construction and there are plans to create another temporary connection
Public Comments
Mr. Nick Evanchik stated he wrote to the Village Manager regarding the deer problem.
Mrs. Margo Berger asked where the emergency sirens for Indian Point were located in the Village.
Mayor Vescio stated complaints were made that they weren’t loud enough.
Village Manager Blau stated only half of the Village was in the 10 mile radius and that determined the location of the sirens.
Environmental Determination for the Amendment to 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
Village Attorney Smith stated in going through the public hearing process the Board heard different complaints based on the scrutiny of the EAF and they asked Buckhurst, Fish & Jacquemart to prepare a review which they did. He further stated it was circulated and after the latest hearings they issued an appendix to part 3 which answered some of the questions that were raised. He stated his firm was asked to prepare a Negative Declaration which they did in conjunction with BFJ and they prepared a resolution that was before the Board for approval. He stated the first step would be to make any necessary changes requested by the Board.
Deputy Mayor Venditti stated he thought it was advisable to add certain clarifications and made suggestions for some changes.
Mrs. Margo Berger asked if anyone from the public had seen the Negative Declaration besides the Board.
Mayor Vescio stated it would be available on the website and it addressed comments made about environmental impacts.
Village Attorney Smith stated he assumed the balance of the Board were happy with Deputy Mayor Venditti’s changes and the most crucial aspect was the obligation of the Board to recognize and address the environmental issues that were raised. He further stated the appendix addressed the questions raised.
Mr. Mort Berger stated the questions raised were of importance and it would only be fair to allow the public to see the Negative Declaration and allow further comments.
Mayor Vescio the EQR under SEQRA was strictly a Board of Trustees function and they could have ended it with parts 1 and 2 but extended it to part 3. He further stated it was a 2 year process and it was very specific as to what the impacts were. He stated Counsel reviewed it and it was incumbent upon the Board to move forward. He stated the 2003 EAF did not have a part 3 and they were only amending the law to make it more equitable and fill some of the loop holes.
Upon motion by Trustee Waxenberg, seconded by Deputy Mayor Venditti, the Board voted unanimously to approve the following resolution as amended:
RESOLUTION
VILLAGE OF BRIARCLIFF MANOR BOARD OF TRUSTEES
Adopted August 16, 2007
RE: State Environmental Quality Review Act (SEQR) Determination – A Local Law to Amend Chapter 220 of the Code of the Village of Briarcliff Manor Relating to Building and Lot Coverage (“Bulk Housing Laws”)
WHEREAS, the Village of Briarcliff Manor Board of Trustees (“Board of Trustees”) is the only involved agency and thus the lead agency for the environmental review of the local law to amend Chapter 220 of the Code of the Village of Briarcliff Manor relating to building and lot coverage (“Proposed Local Law”); and
WHEREAS, the Board of Trustees reviewed a Full Environmental Assessment Form (“Full EAF”) including Parts~1, 2, and 3 (dated June~18, 2007), prepared on its behalf by the Village Planning Consultant, BFJ Planning, relative to the proposed action; and
WHEREAS, duly advertised public hearings were held on the Proposed Local Law at 7:30 p.m. at Village Hall located at 1111~Pleasantville Road on June~19, 2006, August~10, 2006, January~8, 2007, January~29, 2007, July~25, 2007, and August~2, 2007, at which times all those wishing to be heard were given the opportunity to be heard, and the hearing was closed on August~2, 2007; and
WHEREAS, over the course of the public hearing(s), the Board of Trustees received and considered a Full Environmental Assessment Form Parts~1 & 2 prepared by village staff (undated), comment letters from Village Zoning Board of Appeals Chair Ronald H. Alenstein dated May~16, 2006, and January~19, 2007, from Planning Board Chair Andrew Tung dated May~22, 2006, from Planning Board members Jay Neveloff, Jay Teitelbaum, and William Gorlin dated in each case January~17, 2007, from Planning Board member Shelley Lotter dated January~28, 2007, from Zoning Board of Appeals member John O’Leary undated, from Ferrandino & Associates dated January~29, 2007, and from Sive Paget & Riesel, P.C. dated January~29, 2007, and August~2, 2007, memoranda of BFJ Planning dated August~2, 2007, and August~14, 2007, and other
writings submitted and oral comments made at the public hearings; and
WHEREAS, a Part 3, Full Environmental Assessment Form, Appendix to the Full EAF was prepared in response to submissions and comments received by the Board of Trustees and public during the public hearing(s) on the Proposed Local Law and was distributed for review by the Board of Trustees on August~15, 2007; and
WHEREAS, based on the information contained in the Full EAF and the Part~3 Appendix, Village staff and consultants have advised the Board of Trustees that the proposed action may be considered an Unlisted action under SEQRA;
NOW THEREFORE BE IT RESOLVED, that the Board of Trustees hereby determines that the proposed action is considered an Unlisted action pursuant to 6~N.Y.C.R.R.~§~612.4(b)(10); and be it
FURTHER RESOLVED, that the Board of Trustees, having considered the facts and conclusions disclosed in the Full EAF and the Part~3 Appendix regarding the potential environmental impacts of the proposed action, hereby determines that the proposed action will not have a significant adverse impact on the environment as set forth in the “Negative Declaration” attached hereto; and be it
FURTHER RESOLVED, that the Mayor or his designee is authorized to execute the EAF and, for the reasons set forth, to execute and file a Negative Declaration in accordance with the applicable provisions of law.
Approval of Amendment to 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.
Village Attorney Smith stating this would be voting on the substantive elements of the law.
Deputy Mayor Venditti pointed out some typographical errors.
Mr. Louis Linder of 21 Pine Road thanked the Board for their due diligence but he was confused about the logic of railroading the law through when the Master Plan wasn’t finalized. He stated most people were out of town and in the spirit of sunshine it should be done when a much larger population was around.
Trustee Smith stated the consultants addressed that very comment and stated the Final Draft of the Comprehensive Plan was not inconsistent with this action at all and the amendments do precisely what the Comprehensive Plan suggested.
Mayor Vescio stated the Board was voting tonight and it was a very long 2 year process. He stated it was the Board’s belied that they made the law better than the current one and they weren’t abandoning the intent of the original law. He stated they were the elected stewards of the Village and they’ve listened and changed the law 3 or 4 times based on comments. He stated they made the law less complex and addressed visual impacts and were cognizant of what the Village’s needs were. He stated every law was subject to review and they intended to continue doing that. He stated they’d address steep slopes and wetlands laws next year. He stated the law was still one of the most stringent in the County. He thanked the public for the patience and diligence and thanked the Board
and staff for the countless hours they dedicated to the revision of the law.
Deputy Mayor Venditti stated the proposed revisions were consistent with the 1988 Master Plan. He thanked the public and all of those that didn’t agree. He stated it helped the Board to stay on track and take a hard look at the law.
Upon motion by Deputy Mayor Venditti, seconded by Trustee Smith, the Board voted unanimously to amend the proposed legislation.
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 does hereby amend the Code of the Village of Briarcliff Manor, 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 known as the Bulk Housing Law.
Ratification of Collective Bargaining Agreement, Police Benevolent Association
Upon motion by Trustee Waxenberg, seconded by Deputy Mayor Venditti, the Board voted unanimously to approve the following resolution:
BE IT RESOLVED, that the Board of Trustees does hereby ratify the Collective Bargaining Agreement between the Village of Briarcliff Manor and the Village of Briarcliff Manor Policemen’s Benevolent Association, Inc. for the period from June 1, 2005 through May 31, 2009, with the following percentage salary increases:
Year 1 (June 1, 2005 – May 31, 2006) 3.875%
Year 2 (June 1, 2006 – May 31, 2007) 3.875%
Year 3 (June 1, 2007 – May 31, 2008) 3.875%
Year 4 (June 1, 2008 – May 31, 2009) 3.95%
BE IT FURTHER RESOLVED, that the Village Manager is hereby authorized and directed to execute a Collective Bargaining Agreement with the Village of Briarcliff Manor Policemen’s Benevolent Association, Inc.
Award of Contract – Dvirka and Bartilucci for Design and Construction Services for Storm Water Improvement – Long Hill Road West, Scarborough Road & Scarborough Station Road
Upon motion by Deputy Mayor Venditti, seconded by Trustee Smith, the Board voted unanimously to approve the following resolution:
BE IT RESOLVED that the Village Manager is hereby authorized and directed to execute a Professional Service Agreement with Dvirka and Bartilucci Consulting Engineers to provide design and construction services for storm water improvements at selected locations.
Award of Bid - Epoxy Line Markings
Upon motion by Trustee Smith, seconded by Trustee Mayer, the Board voted unanimously to approve the following resolution:
BE IT RESOLVED that the bid for Epoxy Line Markings (VM-0708-09) is hereby awarded to Safety Marking Inc. per their bid of $0.48 per lineal foot of double line.
BE IT FURTHER RESOLVED that the Village Manager is hereby authorized and directed to execute a contract with Safety Marking Inc. of Bridgeport, CT for Epoxy Line Markings.
Award of Bid - Drainage Improvement Sleepy Hollow Road
Upon motion by Trustee Mayer, seconded by Trustee Waxenberg, the Board voted unanimously to approve the following resolution:
BE IT RESOLVED that the bid for Sleepy Hollow Road Drainage Improvements (VM-0612) is hereby awarded to Peter J. Landi, Inc. per their bid of $178,279.00.
BE IT FURTHER RESOLVED that the Village Manager is hereby authorized and directed to execute a contract with Peter J. Landi, Inc. of Eastchester, NY for Sleepy Hollow Road Drainage Improvement.
BE IT FURTHER RESOLVED that the Board of Trustees does hereby appropriate an additional $29,000.00 for future borrowing.
Minutes
Upon motion by Trustee Waxenberg, seconded by Deputy Mayor Venditti, the Board voted to approve the minutes of July 11, 2007 as amended.
Upon motion by Deputy Mayor Venditti, seconded by Trustee Mayer with one abstention from Trustee Smith, the Board voted unanimously to approve the minutes of July 19, 2007.
Upon motion by Trustee Smith, seconded by Trustee Mayer, the Board voted to approve the minutes of August 2, 2007 as amended.
Adjournment
Upon motion by Trustee Waxenberg, seconded by Trustee Mayer, the Board voted unanimously to adjourn the meeting at 9:20pm.
Respectfully submitted by,
Christine Dennett
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