Village of Briarcliff Manor - Board of Trustees Minutes 11/06/2008

Board of Trustees Minutes 11/06/2008

Village Board of Trustees

Regular Meeting

November 6, 2008

7:30 p.m.

The 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 6^th of November 2008 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

Ingrid Richards, Interim Village Manager

Christine Dennett, Village Clerk

Clinton Smith, Village Counsel

Public Hearing, Amendment to Chapter 122, For Appeal of Consultant Fees Charged on Land Use Applications

Upon motion by Trustee Waxenberg, seconded by Deputy Mayor Venditti, the Board voted unanimously to open the public hearing.

Upon motion by Trustee Smith, seconded by Trustee Mayer, the Board voted unanimously to adjourn the public hearing to November 20, 2008.

Presentation, 2007-2008 Financial Statement, Susan Barossi from Bennett, Kielson, Storch & DeSantis a division of O’Connor, Davies, Munns & Dobbins LLP

Ms. Susan Barossi, Auditor, presented the 2007-2008 Financial Statement and gave an overview of the Village’s financial status.

Mayor Vescio thanked the staff for a good job and asked Ms. Barossi to provide recommendations to staff to help tighten up the budget for fiscal year 2009-2010.

Board of Trustees Announcements by Deputy Mayor Venditti

Please drive slowly on wet leaves; they can be slippery and dangerous.
The water restriction was lifted on October 20^th. Thank you for adhering.
The Library will be closed November 12^th and 13^th to pave the parking lot.
The Antique Road Rally was held on October 18^th. Minted coins are available at the historical society.

Village Managers Report by Interim Village Manager Richards

Pocket Park work will begin on Monday.
Leaf Pickup is in progress.

Public Comments

Mr. Clay Tiffany of Hall Road stated former Police Officer Nick Tartaglione caused the Village at least four lawsuits and was now retired and would get paid for life. He stated Mr. Tartaglione wasn’t properly investigated and committed fraud. He stated Village Attorney Smith should be fired for not advising the Board to arrest Mr. Tartaglione. He requested he be notified in writing why he wasn’t hired to work for the Department of Public Works.

Mayor Vescio stated Mr. Tartaglione was a private citizen and no longer employed by the Village. He further stated Mr. Tiffany’s remarks regarding Village Attorney Smith and the Board were absurd.

Amendment to Special Use Permit, Briarcliff Manor Investors

The Board reviewed and amended the draft resolution for the third amended Special Use Permit and Tree Permit.

Mayor Vescio explained the actions to be taken by the Board and negotiations with the Applicant regarding the recreation parcel, water infrastructure, and monies for the library and fire truck.

Upon motion by Deputy Mayor Venditti, seconded by Trustee Smith, the Board voted unanimously to approve the following resolution as amended:

RESOLUTION OF THE

VILLAGE OF BRIARCLIFF MANOR

BOARD OF TRUSTEES

AMENDED FINDINGS PURSUANT TO THE STATE ENVIRONMENTAL QUALITY REVIEW ACT IN CONNECTION WITH A THIRD AMENDED AND RESTATED SPECIAL PERMIT AND TREE REMOVAL PERMIT

Briarcliff Manor Investors LLC and Integrated Development Group LLC

WHEREAS, by resolution filed in the Office of the Village Clerk of the Village of Briarcliff Manor on June 23, 2003 (the “Special Permit”), the Village of Briarcliff Manor Board of Trustees granted a Special Permit and a Tree Removal Permit to Barrington Venture LLC and The Garlands of Briarcliff Manor, LLC (collectively, “Applicant”) for construction and operation of a Continuing Care Retirement Community comprised of a mix of independent living, assisted living, and skilled nursing units on the former campus of The Kings College in the Village (the “Project”); and

WHEREAS, the Project had been subject to a coordinated review under the New York State Environmental Quality Review Act (“SEQRA”) by the Village of Briarcliff Manor Planning Board (“Planning Board”) as the Lead Agency, which included the preparation of a Draft Environmental Impact Statement and a Final Environmental Impact Statement, and the Planning Board as Lead Agency adopted a Findings Statement dated April~28, 2003, which concluded that significant adverse impacts identified had been satisfactorily avoided, minimized, or mitigated to the maximum extent practicable subject to certain project modifications; and

WHEREAS, as an Involved Agency and in accordance with the requirements of Part 617 of the SEQRA regulations, the Board of Trustees adopted its own Findings Statement dated May~29, 2003; and

WHEREAS, CC-Briarcliff LLP and Classic Residence by Hyatt, as contract vendee and proposed developer respectively of the Property and the Project (collectively, the “New Applicant”), subsequently applied to the Board of Trustees to amend the Special Permit approval to substitute a proposed pumping station and hydropneumatic tank and a “stealth” monopole and adjacent building (“Alternate Water System and Cell Tower Design”) for the originally proposed new Water Tank and the Water Tank Building; and

WHEREAS, in accordance with Village Code~§220-6(c), by resolution dated March~17, 2005, the Board of Trustees referred to the Planning Board for recommendation the proposed amendment of the Special Permit approval to allow the Alternate Water System and Cell Tower Design to be used in the Project; and

WHEREAS, the Planning Board received the New Applicant’s submissions and a report from Hazen & Sawyer serving as its consultant, and by letter dated July 14, 2005, the Planning Board issued its recommendation to the Board of Trustees; and

WHEREAS, the Planning Board issued Amended Lead Agency Findings on August~26, 2005, which outlined the Planning Board’s SEQRA review, recited the Planning Board’s compliance with the SEQRA regulations, and found, among other things, that “the Alternate Water System and Cell Tower Design [is] an acceptable alternative to the New Water Tank Building, and to the extent necessary, amends its Findings Statement to provide that the Alternate Water System and Cell Tower Design shall be deemed an acceptable alternative to the New Water Tank and New Water Tank Building;” and

WHEREAS, on September~8 and September~15, 2005, the Board of Trustees adopted and reaffirmed adoption of an Amended Findings Statement under SEQRA which adopted the Amended Lead Agency Findings issued by the Planning Board on the substitution and use of the Alternate Water System and Cell Tower Design in the Project and further determined that substitution and use of the Alternate Water System and Cell Tower Design in the Project will not have any significant adverse environmental impact; and

WHEREAS, by letter dated November~22, 2005, the New Applicant applied to the Board of Trustees to amend the Special Permit approval to allow for certain program and design changes, modifications to operational features, and technical amendments to the Special Permit Resolution as amended (the “Second SP Modifications”); and

WHEREAS, on December~1, 2005, the Board of Trustees opened a public hearing to hear and consider the New Applicant’s application for a second amendment of the Special Permit Resolution to incorporate the Second SP Modifications, and in accordance with Village Code~§220_6(c) and for review as Lead Agency under SEQRA, referred the application to the Planning Board for a report and if and to the extent appropriate, amendment to the Planning Board’s Lead Agency Findings issued in connection with the Project to address the Second SP Modifications, whereupon the public hearing was continued until December 15, 2005; and

WHEREAS, on December~13, 2005, the Planning Board considered the Second SP Modifications and adopted a Resolution of Further Amended Lead Agency Findings and issued its recommendation to the Board of Trustees; and

WHEREAS, on December 15, 2005, the Board of Trustees adopted a Second Amended Special Permit in which it found that the Second SP Modifications will not have any significant adverse environmental impact; and

WHEREAS, Briarcliff Manor Investors LLC and Integrated Development Group LLC, are now the contract vendee and proposed developer respectively of the Property and the Project (collectively, the “Second New Applicant”); and

WHEREAS, by letters dated November 28, 2007, and July 31, 2008, the Second New Applicant has applied to the Board of Trustees to amend the Special Permit approval to allow for a redesign and reconfiguration of certain aspects of the Project’s site plan and physical plant (“Third SP Modifications”); and

WHEREAS, in accordance with Village Code~§220-6(c), by resolution dated December~6, 2007, the Board of Trustees referred to the Planning Board for recommendation the proposed amendment of the Special Permit approval to incorporate the Third SP Modifications; and

WHEREAS, the Planning Board received the second New Applicant’s submissions and by memoranda dated March~11, 2008, and July~14, 2008, the Planning Board issued its recommendation to the Board of Trustees and said, among other things:

The Planning Board hereby recommends that all mitigation proposed in connection with the Project that has been reviewed and studied in the Planning Board’s SEQRA process to date be incorporated by reference as conditions of the approval of a special use permit for the Project. In addition, the Planning Board offers the following comments and suggestions:

It is recommended that the Village Board review the following issues in amending the special permit for “The Club at Briarcliff Manor” proposal:

Identify and resolve any outstanding technical issues regarding public water system improvements.
Identify and resolve any outstanding technical and aesthetic issues regarding, and clarify the location of, the proposed stealth monopole (cellular antenna).
Clarify the location of the required off-site sewer improvements. Due to recent land acquisitions, the Holbrook Road Alternative referred to in the original Special Permit will be required. It is no longer necessary to include references to the “Pine Road Alternative” in the Special Permit.
Review the number of assisted living/skilled nurse care beds and detached and semi-detached living units proposed, noting that no guest suites are proposed.
Clarify the size limitation for the “affordable” living units. Currently there must be at least 20 independent living units under 900 SF. The proposed “affordable units are slightly larger, but the number provided exceeds 20.
Affirm the sufficiency of provided parking spaces and reliance of valet parking. The earlier approved plans relied on valet parking to accommodate the required number of parking spaces. While a November 2007 revision to the parking garage design incorporated a separate structure that provided a sufficient amount of self-park spaces to make the provision of valet parking services less critical, the latest design of the parking garage relies exclusively on valet-parking.

WHEREAS, the Planning Board issued Third Amended Lead Agency Findings on July 8, 2008, which outlined the Planning Board’s SEQRA review, recited the Planning Board’s compliance with the SEQRA regulations, and found, among other things, that:

[T]he Current Application will not result in significant modifications to the project site when compared to the Garlands and Hyatt, or to the analysis of potential impacts of the Garlands and Hyatt and the Findings of the Planning Board in relation to the Garlands and Hyatt, and will, thus, not require the preparation of a Supplemental Environmental Impact Statement;

Consistent with social, economic and other essential considerations, from, and in consideration of the reasons and findings stated above, the Current Application, on balance, minimizes, and avoids adverse environmental effects; and

Consistent with social, economic and other essential considerations adverse environmental impacts will be minimized or avoided to the maximum extent practicable by incorporating as conditions to the decision those mitigative measures that were identified as practicable in connection with the Garlands, Hyatt and the Current Application.

WHEREAS, the Board of Trustees held a duly noticed public hearing to hear and consider the application of the Second New Applicant for amendment of the Special Permit approval to incorporate the Third SP Modifications on October~16, 2008 (“Public Hearing”); and

WHEREAS, the Board of Trustees has received and reviewed

The recommendations of the Planning Board issued March~11, 2008, and July~14, 2008;
The Third Amended Lead Agency Findings of the Planning Board adopted July~8, 2008, and the documents and submissions identified in those Findings;
Plans and drawings submitted in booklets dated November~28, 2007, and July~31, 2008.
Photo-simulations and other illustrations showing the mass, height, and appearance of the CCRC buildings from multiple locations around the perimeter of the Project Site and the relationship of the buildings to surrounding properties dated July~8, 2008, and August~21, 2008;
The Overall Site Plan, Drawing C_100, by Perkins Eastman dated April~8, 2008;
The Section comparison, Evaluation Comparison, and Cell Tower and Accessory Building drawings by Perkins Eastman dated October~14, 2008;
Statements and presentations from the Developer and its representatives and from Robert A. Peirce, Richard D. Landau, and Barry Schwartz, written material, including but not limited to letter of Mr. Landau to the Planning Board dated September~11, 2008, letter of Zen Eidel to the Board of Trustees and Planning Board dated October~14, 2008, and Letter of Mr.~Peirce to the Mayor and Board of Trustees dated October~16, 2008; and other documents and comments presented at the Public Hearing; and

WHEREAS, the Board of Trustees has considered all of the above;

NOW THEREFORE, pursuant to Part 617 of the SEQRA regulations, be it:

RESOLVED, that the foregoing recitations and statements are adopted and incorporated as if fully set forth and resolved herein.

RESOLVED, that the Third Amended Lead Agency Findings issued by the Planning Board on the Third SP Modifications including the considerations, evaluations, conclusions, rationales, and certifications therein, are adopted and incorporated as if fully set forth and resolved herein with references to the “Planning Board” and Findings and Findings Statements dated April~28, 2003, August~26, 2005, and December~13, 2005, being deemed references to the “Board of Trustees” and to the Findings and Findings Statements dated May~29, 2003, September~8 and 15, 2005, and December~15, 2005, as the context requires.

RESOLVED, that incorporation of the Third SP Modifications into the Project will not have any significant adverse environmental impact.

Upon motion by Trustee Smith, seconded by Trustee Mayer, the Board voted unanimously to approve the following resolution as amended:

RESOLUTION OF THE

VILLAGE OF BRIARCLIFF MANOR

BOARD OF TRUSTEES

THIRD AMENDED AND RESTATED SPECIAL PERMIT

AND TREE REMOVAL PERMIT

Briarcliff Manor Investors LLC and Integrated Development Group LLC

WHEREAS, by resolution filed in the Office of the Village Clerk of the Village of Briarcliff Manor on June 12, 2003 (the “Special Permit Resolution”), the Village of Briarcliff Manor Board of Trustees granted a Special Permit and a Tree Removal Permit to Barrington Venture LLC and The Garlands of Briarcliff Manor, LLC (collectively, “Barrington”) for construction and operation of a Continuing Care Retirement Community (“CCRC”) comprised of a mix of independent living, assisted living and skilled nursing units to accommodate a maximum of 550 residents (the “Project”) to be located on the approximately 58.91 acre parcel of land that was formerly the campus of The Kings College in the Village (the “Project Site”); and

WHEREAS, the Project Site, which is identified on the Village’s Tax Map as 98.13-1-13, 14, 15, and 19 and 98.09-1-29 and was formerly shown as Section~4.17, Block~11, Lots 4.D, 36 and 50 and Section 4.18, Block 11, Lots 2 and 13 is located in the central portion of the Village of Briarcliff Manor in the west-central portion of Westchester County, New York and is situated north of Scarborough Road with direct access provided from Scarborough Road, Central Drive, and Lodge Road; and

WHEREAS, the Project Site is currently zoned R-60A, Single Family Residence; and

WHEREAS, pursuant to Village Code Section~220_6(J)(14), the Board of Trustees is the approving authority for a CCRC and has conducted the review of the Special Permit issued in connection therewith; and

WHEREAS, pursuant to Village Code Section 202-4, the Board of Trustees is the approving authority for the regulation and preservation of trees within the Village of Briarcliff Manor, and governs the issuance of permits for tree cutting and removal, with applications for permits to conduct such regulated activities being regulated in Section 202-3.A(2) thereof; and

WHEREAS, in this case approval by the Board of Trustees of the Special Permit included action related to the Tree Removal Permit or Tree Protection Plan as provided in said Chapter 202 of the Village Code (the “Tree Removal Permit”), based upon a recommendation from the Planning Board, which Tree Removal Permit constituted an integral part of the Special Permit Resolution; and

WHEREAS, the Village owns a small parcel of land measuring approximately 52 feet by 52 feet located within the Project Site south of the former Main Lodge building (the “Village Parcel”), upon which stands a ±150,000 gallon water tank (the “Old Water Tank”) and related facilities; and

WHEREAS, several easements that benefit the Village traverse the Project Site (the “Village Easements”), and they include easements: (a) granting access to the Village Parcel, (b) permitting the planting of landscaping around the Village Parcel, (c) granting the right to obtain electrical power and telephone service from the existing facilities on the Project Site to serve the Village Parcel, and (d) allowing construction, maintenance, and replacement of a water line connecting to the Village Parcel from property adjoining the subject Project Site to the east; and

WHEREAS, in addition to the Village Easements, other easements that benefit adjacent properties traverse the Property site, and they include easements (a)~for the benefit of property now or formerly owned by Peirce (“Peirce Property”) that is for sewer service, 10 feet wide, and runs through the Project site and connects to the Peirce Property in the northern portion of the Project Site near Lodge Road, the maintenance of which is the responsibility of the owner of the Peirce Property and (b)~for the benefit of the Peirce Property that is for access and runs through the Project Site from the southerly end of the Lodge Road and connects to a driveway on the Peirce Property; and

WHEREAS, the Project has been subject to a coordinated review under the New York State Environmental Quality Review Act (“SEQRA”) by the Village of Briarcliff Manor Planning Board (the “Planning Board”) as the Lead Agency, which included the preparation of a Draft Environmental Impact Statement (“DEIS”) and a Final Environmental Impact Statement (“FEIS”); and

WHEREAS, the Planning Board addressed the Project’s conformance to the general Special Permit standards of the Village’s Zoning Law in the FEIS and found that the Project conforms to and furthers the intent of the requirements of those standards and further that the Project more particularly conforms to the Special Permit standards of the zoning established for CCRC use under Village Code Section~220_6(J)(14); and

WHEREAS, the Board of Trustees has participated in the SEQRA review of the Project as an Involved Agency throughout the course of the review; and

WHEREAS, the Planning Board as Lead Agency adopted a Findings Statement dated April~28, 2003, which concluded that significant adverse impacts identified had been satisfactorily minimized or mitigated to the maximum extent practicable subject to certain project modifications; and

WHEREAS, as an Involved Agency and in accordance with the requirements of Part~617 of the SEQRA regulations, the Board of Trustees adopted its own Environmental Findings Statement dated May~29, 2003; and

WHEREAS, as noted above, the Board of Trustees adopted the Special Permit Resolution on June 12, 2003; and

WHEREAS, on March 17, 2005 the Board of Trustees formally referred to the Planning Board an application submitted by CC-Briarcliff LLP and/or CC-Briarcliff Inc., as the case may be, and Classic Residence by Hyatt (collectively “CRbH”), which entities were then contract-vendee(s) and developer(s) of the Project Site and which application sought to amend the Special Permit Resolution to:

(a) Utilize a pumping, hydropneumatic tank, and check valve system to supply water to the Project Site and the area of the Village served by the Old Water Tank (the “Water System Improvement Facilities”) and eliminate the need to replace the Old Water Tank with a New Water Tank, and

(b) Install a stealth monopole, designed to appear as an approximately 160-foot tall evergreen tree (the “Stealth Monopole”), rather than constructing the New Water Tank, as a structure on which to relocate the Briarcliff Manor Police and Fire Department radio communication antennas presently located on the Old Water Tank (the “Village Antennas”), and other telecommunications antennas that may be located on the Old Water Tank (“Provider Antennas”), with appurtenant telecommunications equipment boxes (the “Ground Equipment”) being relocated to a structure to be situated near the Stealth Monopole (collectively the “Stealth Monopole Facilities”); and

WHEREAS, in connection with the Planning Board’s review of an application submitted by CRbH, the Planning Board on April 12, 2005, approved a temporary sales center for the Project in accordance with the Zoning Law and adopted a Resolution entitled, “CC-Briarcliff LLP - Classic Residence by Hyatt, Temporary Sales Office - Resolution of Site Plan Approval for a Temporary Facility;” and

WHEREAS, on August 4, 2005, the Board of Trustees consented to the Planning Board acting as Lead Agency in connection with CRbH’s proposed amendment to the Special Permit Resolution regarding the Water System Improvement Facilities and the Stealth Monopole Facilities; and

WHEREAS, on August 9, 2005, the Planning Board recommended adoption of a Negative Declaration in accordance with SEQRA regarding the proposed amendment to the Special Permit Resolution; and

WHEREAS, on August 26, 2005, in connection with the Planning Board’s continuing review of the Site Plan Application submitted by CRbH, the Planning Board, as Lead Agency under SEQRA, adopted Amended Lead Agency Findings; and

WHEREAS, in connection with the proposed Water System Improvement Facilities and Stealth Monopole Facilities as modifications to the Project, the Board of Trustees held public hearings and adopted an Amended Environmental Findings Statement under SEQRA on September 8, 2005, which Findings were reaffirmed on September 15, 2005 and addressed the impacts associated with the Water System Improvement Facilities and Stealth Monopole Facilities as alternatives to the construction of the New Water Tank; and

WHEREAS, on September 8, 2005 the Board of Trustees opened and conducted a public hearing on the proposed Water System Improvement Facilities and Stealth Monopole Facilities as modifications to the Project, at which time all those wishing to be heard were provided an opportunity to comment, which public hearing was continued to September 15, 2005; and

WHEREAS, on September 15, 2005, the Board of Trustees adopted a resolution amending the Special Permit Resolution entitled “Resolution of the Village of Briarcliff Manor Board of Trustees, Amended Special Permit CC_Briarcliff LLP and Classic Residence by Hyatt (formerly Barrington Venture LLC and the Garlands at Briarcliff” to permit the Water System Improvement Facilities and Stealth Monopole Facilities to be used rather than requiring replacement of the Old Water Tank with a New Water Tank (the “First SP Amendment”); and

WHEREAS, in November 2005, CRbH proposed certain program and design changes, modifications to operational features and technical amendments to the Special Permit Resolution and First SP Amendment, including but not limited to the following (the “Second SP Modifications”):

No surround-sound theater would be required;
Three (3), rather than twenty (20), guest suites;
No Pavilion or Formal Garden Area with formal hedges would be required, but a less formal landscaping scheme would be implemented;
No Reforestation Plan in the area of the ballfields would be required, although supplemental landscaping would be required therein to the extent it would not interfere with the provision of the playing fields;
No Performing Arts Center would be required, although the Lodge Room would be constructed and access to the public would be provided to the assembly rooms as initially provided in the Special Permit Resolution;
Reduced parking and authorization for both valet parking (for up to 90 vehicles) and tandem parking would be implemented;
Parking by the public within the CCRC and beyond the Recreation Easement would not be required;
On-site emergency call system would continue to be required, but not need to be based upon a telephone network;
Any dredging or clearing of Lodge Pool would be subject to review by, and issuance of a permit from New York State Department of Environmental Conservation (“NYSDEC”);
Elimination of the requirement that an on-site concrete batch plant be utilized in the construction of the Project;
No dry hydrant at the Dalmeny Pump Station would be required, but a dry fire line would be provided in the vicinity of the intersection of the Project Site and Lodge Road;
The Dalmeny Water Pump would not be replaced; and
The Developer would design the water pump for the Water System Improvement Facilities; and

WHEREAS, on November 17, 2005, the Board of Trustees scheduled a public hearing concerning the Second SP Modifications, which public hearing was opened on December 1, 2005 and continued to December 15, 2005, at which time all those wishing to be heard were provided an opportunity to comment; and

WHEREAS, on December 13, 2005, the Planning Board adopted a Further Amended Findings Statement under SEQRA which addressed impacts that may arise in connection with the Second SP Modifications; and

WHEREAS, on December 15, 2005, the Board of Trustees adopted a Resolution further amending the Special Permit Resolution and the First SP Amendment, entitled “Resolution of the Village of Briarcliff Manor Board of Trustees, Second Amended Special Permit, CC-Briarcliff LLP and Classic Residence by Hyatt (formerly Barrington Venture LLC and The Garlands of Briarcliff)”, which approved the Second SP Modifications (the “Second SP Amendment”); and

WHEREAS, on February 14, 2006, the Planning Board adopted a Resolution (the filing date of which was March 3, 2006) entitled, “CC-Briarcliff LLP - Classic Residence by Hyatt: Resolution of Site Plan, Steep Slopes and Wetlands Permit Approval” for the construction of the Project as it had been amended during the previous Special Permit, First SP Amendment and Second SP Amendment reviews conducted by the Board of Trustees (the “Site Plan Resolution”), and as detailed on the various plans submitted to the Planning Board (the “CRbH Site Plan”); and

WHEREAS, in August 2006, CRbH advised the Board of Trustees that it was withdrawing from pursuing the Project; and

WHEREAS, on November 28, 2007, Briarcliff Manor Investors LLC and Integrated Development Group LLC, the current contract-vendee and proposed developer respectively of the Project Site and the Project (collectively “BMI”) submitted an application to the Board of Trustees to amend the Special Permit, First SP Amendment and Second SP Amendment to facilitate the redesign and reconfiguration of the Project to construct, maintain and operate the CCRC in accordance with a new site plan and pursuant to Article 46A of the Public Health Law of the State of New York (the “Third SP Modifications”); and

WHEREAS, the Third SP Modifications include the following changes to the Project, among other things:

Reducing the size of the Supportive Living Center (formerly designated by CRbH as the Health Center, or Care Center) from 70 to 60 units and from approximately 71,816 s.f. to approximately 49,635 s.f. (the “Supportive Living Center”);
Relocating the Supportive Living Center from the lower portion of the Project Site (the “Lower Village”) to the upper portion of the Project Site (the “Upper Village”) in order to:

Provide residents of the Supportive Living Center a home closer and with more convenient accessibility to their spouses and neighbors living in the independent living units in the Upper Village;
Allow for greater operating efficiencies for the CCRC staff; and
Eliminate the need to construct a connecting pedestrian bridge and elevator structure between the Supportive Living Center and the Main building in the CRbH Site Plan;

Reducing the size of the Main Independent Living buildings (collectively, the “Main Building”) from approximately 613,915 s.f. to approximately 501,442 s.f.;
Eliminating the below-building parking to reduce blasting and, instead, constructing a parking structure adjacent to the Main Building in the Upper Village;
Providing a mix of 325 Independent Living Units (“ILUs”) that will include 288 ILUs in the Main Buildings and 37 ILUs in Villas in the Lower Village (as compared to only 27 Villas provided in the CRbH Site Plan);
Eliminating any Guest Suites (where CRbH had provided 3 Guest Suites);
Providing a new free-standing Pool/Spa building comprising approximately 28,020 s.f. (the “Spa & Wellness Center”);
Modifying the size of the multi-purpose community room and common space, while preserving the Lodge Room;
Relocating of Stealth Monopole Facilities slightly southerly within Upper Village;
Providing approximately 602 parking spaces by a combination of self-park, tandem and valet spaces with some overflow reserve valet parking and land-banked parking areas;
Providing two tennis courts in the Lower Village for use by the CCRC residents; and

WHEREAS, the Third SP Modifications have been referred by the Board of Trustees to the Planning Board, which has forwarded its recommendations in connection with the further amendment of the Special Permit Resolution, First SP Amendment and Second SP Amendment; and

WHEREAS, following the submission of the request for consideration of the Third SP Modifications, certain additional changes to the Project have been requested by BMI, including permitting twenty (20) of the ILUs to be constructed to a size that is greater than the “900 square feet or less” specified at page 25, Paragraph 3.dd. of the Special Permit, provided such units are less than approximately 1,000 square feet in livable area to be more affordable to individuals; and

WHEREAS, on July 8, 2008, the Planning Board adopted a Further Amended Lead Agency Findings Statement under SEQRA in connection with the Third SP Modifications and the additions thereto noted above; and

WHEREAS, the Board of Trustees duly noticed and held a public hearing on October 16,~2008, in connection with the Third SP Modifications and the additions thereto noted above, at which time all those wishing to be heard were given the opportunity to comment; and

WHEREAS, at the public hearing the Board of Trustees heard statements and presentations from the Developer and its representatives and from Robert A. Peirce, Richard D. Landau, and Barry Schwartz and received written material, including but not limited to the Planning Board’s Third Amended Lead Agency Findings adopted July 8, 2008, Overall Site Plan, C-100 drawing of Perkins Eastman dated April 8, 2008, Section Comparison, Elevation Comparison, and Cell Tower and Accessory Building drawings of Perkins Eastman dated October 14, 2008, letter of Mr. Landau to the Planning Board dated September 11, 2008, letter of Zen Eidel to the Board of Trustees and Planning Board dated October 14, 2008, and Letter of Mr. Peirce to the Mayor and Board of Trustees dated October 16, 2008; and

WHEREAS, important benefits of this Project include, but are not necessarily limited to, the following, which satisfy the required findings of Section 220-6(J)(14)(b) of the Code of the Village of Briarcliff Manor:

a. The Project will allow the Village’s and larger community’s seniors to remain in the community (“age in place”) thereby providing alternate forms of housing to meet the changing needs of Village and area residents and allow residents to remain in Briarcliff Manor, which housing is needed and appropriate in the Village.

b. The Project will generate substantial real estate taxes (with the majority going to the School District with no additional children being added to the district directly from the project), thereby diversifying the tax base with little impact on Village services.

c. The Project will preserve and create significant on-Premises open space (totaling approximately 80% of the total site area).

d. The Project will include a ±6 acre parcel, and the Developer, at its own cost, will reconstruct an unlighted ballfield for use by the Village as a potential active or passive recreation area and restrooms with an accompanying parking area, which land is part of that which would be preserved as open space.

e. Parking areas will be of adequate size for the Project, while preserving large amounts of open space. The at-grade parking area adjacent to the ballfield, among others, will be suitably screened, and the entrance and exit drives are designed in a manner that is safe and efficient.

f. The Project will replace the Old Water Tank with a new, alternative water supply facility and accommodate the Village Antennas, Provider Antennas, and Ground Equipment on a stealth monopole and in a related building in such a manner that (i)~will not degrade the quality of the signals and services of either the Village Antennas or the Provider Antennas and (ii)~will accommodate a total of six (6) antenna arrays, including the Village Antennas (each Provider Antenna typically consists of 3 antenna groupings arrayed to provide sufficient breadth of coverage, and each Village Antenna also consists of more than 1 antenna) (“Antennas”).

g. The development of this Project will include improvements to an off-site sewage pumping station and sewer utility line to the benefit of surrounding properties.

h. The provision of voluntary contributory mitigation payments as offered by the Applicant of:

1. $2.25 million to be used towards the construction of a new Village Library and/or enhancement of existing library services and/or facilities, with $250,000 having already been paid to the Village; and

2. $500,000 mitigation payment to be used towards the funding of emergency equipment, such as a new fire truck for improved firefighting capability at the Premises;

i. The Project will replace outdated sewer infrastructure to the benefit of the surrounding neighborhood;

j. Public access to the grounds for passive recreation will continue;

k. Car, van and/or jitney service will be incorporated into the CCRC’s operations to reduce potential traffic related impacts; and

WHEREAS, the Board of Trustees has reviewed the Environmental Findings (and all amendments thereto) adopted by the Planning Board, as Lead Agency, in connection with this CCRC; and

WHEREAS, the Board of Trustees has reviewed its prior Environmental Findings adopted as an Involved Agency in connection with the review of this CCRC in accordance with SEQRA and has determined that there are no significant adverse impacts arising in connection with the proposed changes, or otherwise by reason of the construction and operation of this CCRC; and

WHEREAS, the Board of Trustees hereby wishes to amend the Special Permit Resolution, First SP Amendment and Second SP Amendment to address the Third SP Modifications and consolidate the conditions and requirements of each such resolution in this single Resolution (the “Third SP Amendment”) so that the review by the Village and others of any and all requirements applicable to the Project by action of the Board of Trustees (but not necessarily any condition that relate to the Site Plan Approval resolutions adopted by the Planning Board) shall be readily available in this single document;

NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:

The Board of Trustees hereby determines that no further SEQRA review is required and that this Project, as described in the documentation submitted in support thereof, fully conforms to and complies with all requirements of the Village Code, Section 220-6, Special Permit Use, including Sections~220_6(J)(14)(a) & (b), and the Board specifically finds and determines the following:

The proposed CCRC will preserve large contiguous areas as open space.
The proposed CCRC will increase and diversify the tax base with relatively little impact on Village services.
The proposed CCRC will provide alternate forms of housing to meet the changing needs of Village and area residents and allow residents to remain in Briarcliff Manor.
There will not be an overabundance of such CCRC facilities or other age restricted housing within the Village.
The proposed CCRC is needed and appropriate.
The CCRC buildings detailed on the plans and drawings submitted to the Board of Trustees on November 28, 2007, and July 31, 2008 (the “Plans Submitted to the Trustees”), and depicted in photo-simulations and other illustrations showing the mass height, and appearance of the buildings from multiple locations around the perimeter of the Project Site and the relationship of the buildings to surrounding properties dated July~8, 2008, and August 21, 2008, the Overall Site Plan, Drawing C-100, dated April 8, 2008, and the Section comparison, Evaluation Comparison, and Cell Tower and Accessory Building drawings by Perkins Eastman dated October 14, 2008 (“Depictions Submitted to the Trustees”), are appropriate in their “location, arrangement, length, width and height . . . with specific consideration [given] to the visual impact of the development on the surrounding properties” as required by Village Code Section 220-6(J)(14)(a)(3)(c).
The statements detailed in the “WHEREAS” clauses above are hereby adopted as findings of fact, as if set forth at length.

The Board of Trustees hereby amends and restates the Special Permit Resolution, First SP Amendment and Second SP Amendment, including the Tree Removal Permit, to provide one single consolidated approval document with regard to the Special Permit for the Project, and this Resolution shall constitute the sole source detailing the Board of Trustees’ Special Permit and Tree Removal Permit determinations for this Project and conditions related thereto.
This Resolution amending the Special Permit and imposing the conditions hereof in accordance with Village Code Section~220-6, Special Permit Use, shall run with the land and be binding upon all current and future owners of the Project Site, their successors, heirs and assigns.
Having recognized that the Project meets all of the findings required under Section 220-6(J)(14)(b), as aforementioned, the Board of Trustees hereby grants this Special Permit Approval to the Project as defined herein and above in accordance with the provisions of Sections 220-6 Special Permit Use of the Code of the Village of Briarcliff Manor, which Special Permit shall run with the land and be binding upon the owner of the Project Site, any entity wholly owned directly or indirectly by it, and any heir, successor or assign to any of them (collectively hereinafter the “Developer”), subject to the following conditions and modifications (the “Conditions of Approval”):

Headings and Interpretation of Conditions of Approval: The headings set forth herein are intended for convenience in reviewing the Conditions of Approval and shall have no separate or independent meaning. Further, in the event of any conflict or inconsistency between the Conditions of Approval and any of the recitals set forth elsewhere in this Resolution, the Conditions of Approval shall govern and be enforceable.
Definition of Village: For the purpose of the Conditions of Approval herein, the term “Village” shall mean the municipal government of the Village of Briarcliff Manor, with offices at 1111 Pleasantville Road, Briarcliff Manor, New York.
Form of Declaration of Covenants and Restrictions, Easements and/or Licenses: Any and all documents required by the Village to be recorded against the Project Site in accordance with any Condition of Approval set forth herein, including but not limited to the declaration of covenants and restrictions, and/or any easements and/or licenses, shall be in form and substance reasonably acceptable to the Village Counsel, shall be recorded in the Office of the Westchester County Clerk, Division of Land Records, and shall not be subordinated to any financing or other liens on the Project Site.
Site Plan Approval: The Developer shall obtain Site Plan Approval from the Planning Board for the Project, substantially as described herein.
Declaration of Covenants and Restrictions (Residential Cap and CCRC Use): As voluntarily offered by the Developer, there shall be restrictions imposed upon the Project Site in a Declaration of Covenants and Restrictions (the “Declaration”):

Establishing a cap on residential occupancy of 550 residents of the CCRC, not including guests, staff and/or administrative personnel (the “Residential Cap”);
Establishing that any CCRC operating at the Project Site or under authority of this Special Permit shall not operate as anything other than a for-profit CCRC, without permission from the Board of Trustees in the exercise of its sole and absolute discretion; and
The Declaration shall be executed by the Developer and the owner of the Project Site and shall set forth the content of this condition of approval in recordable form. The Declaration shall be recorded against the Project Site as a condition precedent to the issuance of the first Building Permit for construction of any of the Developer’s main buildings on the Project Site (hereinafter the “First Building Permit”), which main buildings shall consist only of one or more of the following:

The Main Building; or
The Supportive Living Center; or
The Spa & Wellness Center; or
Any villa or townhouse in the Lower Village (except if constructed for initial use as a sales office or sales model(s)).
Provided, however, that a Building Permit issued to the Developer for any sales models, sales office(s), construction facilities, structures on the Recreation Parcel, Village-related improvements, Water System Improvement Facilities, Initial Improvements identified in Section~9.e, Stealth Monopole, utilities, roadways, paths, stairs, walkways, walls, and/or a gate house or for any other building or structure other than those listed in Section 4.e.iii.1, 2, 3, and 4 above shall not constitute the First Building Permit.

Project Design and Construction: The design and construction of the improvements on the Project Site shall be substantially as described herein:

There shall be 325 ILUs, of which 288 ILUs shall be apartment style units located in the Upper Village and 37 ILUs shall be Villa or Townhouse style situated in the Lower Village.
The design and layout of the ILUs and other elements of the Project shall be consistent with the plans to be approved by the Planning Board in connection with its jurisdiction for Site Plan Review.
Since the building design has changed from that proposed in 2003, the condition requiring “the lowering of Building D (the new tower building) by one story, which was referenced in the Environmental Findings Statement adopted by the Planning Board on April 28, 2003” shall instead set a maximum height for the Project buildings equal to 607 feet above sea level, which is the maximum height of the tallest building previously approved in the CRbH Site Plan.
The Supportive Living Center shall have 60 units and shall be situated in the Upper Village as shown on the Plans Submitted to the Trustees, including the location of parking spaces and service areas supporting it, but other details of the building shall be subject to the Planning Board’s direction and approval in accordance with the Planning Board’s jurisdiction over the Site Plan Approval.

A parking structure, at-grade parking and garage spaces in the Villas or Townhouse units in the aggregate will provide approximately 602 parking spaces for the Project through a combination of self-park, tandem and valet parking spaces using temporary valet parking spaces and land-banked parking spaces, as noted on the Plans Submitted to the Trustees, but the details of the parking arrangements shall be subject to the Planning Board’s direction and approval in accordance with the Planning Board’s jurisdiction over the Site Plan Approval.

No Guest Suites will be required on the Project Site.

The Spa & Wellness Center will be appurtenant to the Main Building in the Upper Village.
A Stealth Monopole will be designed to look like an evergreen tree and will provide the structure on which to mount the Village Antennas and Ground Equipment.
The Water System Improvement Facilities will replace, and improve upon, the function of the Old Water Tank.

Vehicular Access: Vehicular access to the Project Site will be provided from Scarborough Road. Both Lodge Road and Central Drive shall be used only for emergency vehicular access, except for temporary construction access use that may be permitted in connection with the issuance of Building Permits for the Project subject to Building Department recommendation and Board of Trustees approval.
Design of Roads and Drives: Project Site roads and drives shall be designed to meet accepted engineering standards in terms of slopes, configuration and turning allowances for cars, trucks and emergency vehicles, and the Developer shall work with the Village to reasonably develop mutually acceptable design standards and configurations.
Signage and Striping: To assist vehicles entering, exiting and/or circulating within the Project Site, the Developer in coordination with the Village shall develop detailed signage and striping plans for the parking and other paved areas that are internal to the Project Site as well as at the driveways.
Coordination of Scheduled Traffic: The Developer and any operator of the CCRC shall schedule the hours of shift changes, deliveries, events and services in a manner designed to minimize traffic impacts during peak roadway hours.
CCRC Transportation for Residents and Staff: The Developer and any operator of the CCRC shall provide vehicular transportation for residents and staff by means of car, van and/or jitney service to facilitate single and group trips to shop, conduct errands, attend appointments or events that are not on the Project Site, and to access commuter transportation, so that trips by individual passenger vehicles are reduced and the impact upon parking at the Scarborough train station is minimized.
Project Site Amenities: The CCRC shall include and provide Project Site amenities, including among other things: common dining venues, recreation facilities, social programs, a multi-purpose community room for Project Site entertainment, fitness center, walking trails, landscaped areas, a community garden, pool, and a tennis court.
Structured Parking: The parking on the Project Site shall include a parking structure on the southerly portion of the Upper Village, and landscaping within parking areas shall not be required except as specified by the Planning Board, if at all, with regard to at-grade lots in the Lower Village. Valet parking shall be provided and is required as described in the Developer’s Plans Submitted to the Trustees, and tandem parking shall be authorized, including the use of the aisles, to the extent approved by the Planning Board in its Site Plan Approval. The land-banked spaces may be required by the Village to be constructed should it be determined that the reserve overflow valet parking area is being used on a regular basis.
Recreation Parcel and Easement for Public Access:

Recreation Easement: The Developer of the Project Site shall grant an easement (the “Recreation Easement”) to the Village to use a ±6 acre parcel as a recreation area (active or passive), as may be determined by the Village, with an accompanying 100 space parking area, landscaping, and restrooms (collectively the “Recreation Parcel”) containing the substantive provisions more particularly detailed in this condition of approval.

This Recreation Easement shall be executed by the Developer (or its successors or assigns as owner of the Project Site) and shall set forth the content of the various subparagraphs constituting this condition of approval in recordable form.
The Recreation Easement shall be recorded against the Project as a condition precedent to the issuance of the First Building Permit.

Limited Easement for Village Access to the Project Site and Developer’s Rules and Regulations: The Recreation Easement also shall include a grant to the Village for public access for use of the walking paths and garden areas, as they may be situated on the Project Site, but access to the paths and garden areas shall be subject to reasonable rules and regulations which may be established by the Developer and any operator of the CCRC, but which shall not be implemented nor materially modified without prior consultation with the Village (the “Developer’s Rules & Regulations”).
Village’s Priority for Parking on Recreation Parcel: The Village and its invitees shall have priority to use the parking then existing on the Recreation Parcel, as and when needed, and the Developer shall not interfere with such use by the Village. Notwithstanding the foregoing, the Developer shall retain the right to use the Recreation Parcel, so long as such use does not unreasonably interfere with the use thereof by the Village.

Developer’s Improvement of Recreation Parcel:

Ballfield: At the Developer’s sole cost and expense, subject to the provisions of this condition of approval, the Ballfield (as defined herein) shall be constructed on the Recreation Parcel and be made available to the Village for use in accordance with the schedule set forth in Section 9.

The Developer shall cooperate with the Village to reasonably design the Ballfield.
Recognizing that site constraints, including a stream, any wetland areas and the provision of landscaped buffer areas adjacent to residential neighbors, may limit the size and/or orientation of the area available for active recreational use, the Developer shall design, grade and seed an area of the Recreation Parcel to provide an active recreation area of up to 120 yards by 120 yards (the “Ballfield”), subject to the following conditions:

It shall be sized to allow for a full size soccer field (approximately 50 yards by 100 yards) and the ability to convert the Ballfield for two junior soccer fields (approximately 45 yards by 90 yards each) or any other recreation use.
It shall be suitably drained.
It shall not be lighted.
An irrigation system shall be installed by the Developer in accordance with specifications supplied by the Village, provided that the Developer’s cost of supplying and installing such irrigation system shall not exceed $15,000.

Restrooms and Parking Area: The Developer, at its sole cost and expense, shall construct a restroom building that contains male and female restrooms, an appropriately sized storage/utility space, a drinking fountain, and an exterior water spigot and electrical outlet(s) and a 100 space parking area, with at least 56 paved parking spaces, that is suitably drained and landscaped in accordance with the schedule set forth in Section 9. The Developer shall cooperate with the Village to reasonably design the said restroom and parking area.

Enhancements to Specified Recreation Parcel Improvements: In good faith, the Developer and the Village shall negotiate any additional costs to enhance any of the improvements on the Recreation Parcel beyond the specification set forth herein.

Village’s Maintenance and Improvement of the Recreation Parcel: The Recreation Parcel, including but not limited to the Ballfield, restrooms and paved parking area, shall be maintained by the Village.

Utility Charges: All utility charges incurred in connection with the Village’s use of the Recreation Parcel, including but not limited to electricity and water shall be paid by the Village.
Insurance: In addition, the Recreation Easement shall require that the Village name the Developer and any operator of the CCRC as an additional insured on the Village’s general liability policy for personal injury, death and property damage arising in connection with any injury or damage occurring by reason of the public’s use of the Project Site. The amounts of insurance shall be the same as carried by the Village with regard to its general policies of liability insurance.
Further Improvements by the Village: The Village shall have the right to further improve the Recreation Parcel and construct on the Recreation Parcel buildings or improvements that are solely accessory to the Ballfield (such as bleachers, storage buildings for recreation equipment, or picnic pavilions, for example), but the Village shall give the Developer and the operator of the CCRC an opportunity to comment on the design and anticipated appearance of any such improvement before the Village implements that improvement.

Public Use of the Recreation Parcel: The use of the Recreation Parcel for ordinary recreation purposes shall be in the Village’s exclusive control, subject to the Hours of Public Access set forth in Section~4.n.ix below and the terms of the Recreation Easement, and use of the Recreational Parcel for any other purpose or at any other time shall be subject both to the Village’s control and the Developer’s approval. Without limitation of its rights hereunder, the Village, including but not limited to its Recreation Department, may establish a permitting process for use of the Recreation Parcel.
Possible Use of Lodge Pool: In good faith, but with no obligation to the Village, the Developer shall explore with the Village the possible use of the Lodge Pool for ice-skating and fishing, subject to appropriate agreements and with due consideration for the Developer’s concerns regarding safety, indemnification, provision of adequate insurance coverage for liability and property damage, and regulations governing hours and use.

Hours of Public Access:

Recreation Parcel: Once made available to the Village, the Recreation Parcel shall be accessible for use from 8:00 a.m. to dusk, subject to Village rules and regulations.
Walking Paths and Garden Areas: Once made available on a permanent basis following completion of the Project, the walking paths and garden areas shall be accessible to Village residents and others entitled to participate in Village recreation programs, and their guests and invitees, from dawn to dusk, subject to Developer’s Rules & Regulations.

Village Access to Assembly Rooms in Main Building for Community Use:

Access and Availability: The Developer and any operator of the CCRC shall permit reasonable use of the multi-purpose community room, Lodge Room as defined below, and related assembly rooms by the Village, local not-for-profit, religious, and/or other community-based organizations, subject to management and coordination by the Developer and operator of the CCRC of the times, hours and programming needs of the CCRC and further subject to compliance with Developer’s Rules & Regulations as well as the balance of the terms set forth in this condition of approval. Nevertheless, any such public access and use of these facilities is solely intended to be incidental to the primary CCRC use.
The Lodge Room: Among other things, the Developer shall construct and finish one assembly room of approximately 1,600 square feet in area and designate it as the “Lodge Room” (or an alternative name to be approved by the Village, which refers to the former “Briarcliff Lodge”). The interior architectural treatment of the Lodge Room shall be designed to reflect the character of the former Briarcliff Lodge and, to the extent reasonably appropriate, shall include photographs or similar-type images of that building when it was in prime condition. In good faith, the Developer shall submit to the Village conceptual plans generally showing the design and architectural treatment of the proposed Lodge Room and shall consult with the Village in finalizing the design of the Lodge Room to reasonably conform to the intent of this condition of approval.
Insurance and Applicable Rules and Regulations: On an annual basis, the Village shall provide to the Developer and any operator of the CCRC a certificate of insurance confirming that the Developer and operator of the CCRC have been named as additional insureds on the Village’s general liability policy for personal injury, death and property damage arising in connection with any injury or damage occurring by reason of the use of the multi-purpose community room, Lodge Room, and related assembly rooms on the Project Site, by the Village, its employees, agents, invitees and guests. The amounts of insurance shall be the same as carried by the Village with regard to its general policies of liability insurance. Use by any local not-for-profit, religious, and/or other community-based organizations shall similarly require compliance with Developer’s Rules & Regulations, which may include the provision of satisfactory proof of insurance by such organizations.
Payment to Developer for Use: The use of the multi-purpose community room, Lodge Room and other assembly rooms by the Village, local not-for-profit, religious, and/or other community-based organizations may require payment to the Developer or operator of the CCRC for reasonable room charge(s), custodial maintenance thereof, utilities, parking and other incidental costs that may be related to such use, as well as for any additional amenities that may be requested by such user, such as food, drink, services, linens, and/or other equipment.

Further Limitations on Recreation Parcel and Village Green:

Without the express approval of the Board of Trustees, except for the pump house for the Alternative Water Facilities and the Recreation Parcel building both of which were mentioned above, the Developer shall have no right to construct any building other than a gatehouse or similar type of building on either the Recreation Parcel or the landscaped area fronting on Scarborough Road (the “Village Green”).

Water System Improvement Facilities:

The Developer at its sole cost and expense shall construct a pumping station and hydropneumatic tank system designed to serve the residential/domestic water requirements of the Project and the Village’s so-called High Zone Water Service Area which is comprised of approximately fifty-two (52) existing private homes and the Trump National Golf Course and Residential Development as presently approved to consist of: eighty-seven (87) dwelling units (i.e., sixteen (16) residential townhouses and seventy-one (71) condominium units), and one (1) clubhouse and provide and install an 8” diameter bypass check valve in a concrete vault at a point to be designated by the Village Engineer in the vicinity of Cypress Lane between the Village’s High Zone Water Service Area and Low Zone Water Service Area. Said pumping station and hydropneumatic tank system and check valve constitute the “Water System Improvement Facilities” and shall substantially serve, quantitatively and qualitatively, as effectively and as well as the New Water Tank and associated pump system approved under the Special Permit Resolution adopted on June~12, 2003, would have served the above-referenced housing and facilities.
The final design and construction of the Water System Improvement Facilities will be specified by the Village Engineer and Village consultants and will be subject to Westchester County Department of Health approval, but the current concept design consists of at least two service pumps, two high volume pumps, a hydropneumatic tank system, a natural gas powered emergency generator as an emergency power source, and two jockey pumps, enclosed in a single-story architecturally designed pump house building, and a~suction hydrant at Lodge Pool and a dry line to a hydrant at a location to be mutually determined for fire protection.
The Developer shall post a public improvement bond in form satisfactory to Village Counsel and in an amount to be reasonably determined by the Village Engineer, which shall remain in place for a period of ten (10) years and provide for the operation, maintenance, and repair of the Water System Improvement Facilities.

Stealth Monopole Facilities:

The Developer at its sole cost and expense also shall construct the Stealth Monopole Facilities on the Project Site in accordance with the following standards:

A Stealth Monopole designed as an evergreen tree and standing at least 160-feet in height above the highest level of the Project Site to support the Village Antennas and accommodate Provider Antennas in such numbers and manner that:

Will not degrade the quality of the signals and services of either the Village Antennas or Provider Antennas, and
Will accommodate a total number of six (6) Antennas and Ground Equipment located upon or within the Stealth Monopole Facilities, as the case may be, and the Developer shall have no obligation to design or construct the Stealth Monopole Facilities to accommodate any additional antennas or to provide land or structure(s) for any more ground equipment therefor.

An architecturally designed low building adjacent to the Stealth Monopole to house Ground Equipment serving the Existing Antennas.
The Developer shall post a public improvement bond in form satisfactory to Village Counsel and in an amount to be reasonably determined by the Village Engineer, which shall remain in place for a period of ten (10) years and provide for the operation, maintenance, and repair of the Stealth Monopole Facilities.
At no additional cost to the Developer, the Village shall be entitled to install and contract to allow additional antennas and also, if structurally feasible, to install and contract to allow additional Antennas and Ground Equipment (“Potential Future Antennas”) to be located upon and within the Stealth Monopole Facilities, as the case may be, provided that Developer shall not have any obligation to provide any additional land area or to permit any greater building structure to accommodate such Potential Future Antennas. Any revenue derived from any antennas mounted on the Stealth Monopole Facilities shall belong to the Village (including any revenue that is derived from operations upon or within the Stealth Monopole Facilities as a result of the relocation of antennas as further detailed in the section entitled, “Relocation of Existing Antennas and Wireless Communications Facilities”).
The Developer shall convey the Stealth Monopole Facilities to the Village, and the Village will have responsibility for its maintenance and operation, but the Developer may retain the right to make reasonable aesthetic improvements and maintain the aesthetics of the monopole provided that any work is done at no cost to the Village, no work is done which will interfere with or degrade the quality of the signals and/or services of the antennas on the monopole at that time, the Village is given reasonable notice of any work before it is done.

Relocation of Existing Antennas and Ground Equipment: The Developer at its sole cost and expense shall relocate and install the Existing Antennas and Ground Equipment upon and within the Stealth Monopole Facilities, as the case may be. In the event it is determined that relocating any of the Existing Antennas and/or Ground Equipment to the Stealth Monopole Facilities in any way has degraded the quality of the signals and/or services of those previously located on the Old Water Tank and such degradation cannot be reasonably remedied in another manner, then at the Village’s option that Existing Antenna and attendant Ground Equipment shall be relocated to another building in the Upper Village of the Project at the Developer’s sole cost and expense. Any installation on the buildings in the Upper Village shall use “stealth” technology to minimize the aesthetic impact thereof, and all revenues therefrom shall remain due and payable to the Village. Other than as set forth herein, the Village shall have no right to locate any antennas or other telecommunications, including but not limited to any Potential Future Antennas, except upon and within the Stealth Monopole Facilities, as the case may be.
Maintenance Easement to be Granted to Village for Water Improvement Facilities: The Developer shall grant to the Village a permanent easement to construct, repair, maintain, and/or replace the Water System Improvement Facilities, as well as an easement over the Project Site for access to maintain, repair and/or replace the Water System Improvement Facilities (the “Water System Improvement Easement”). The Water System Improvement Easement shall be executed by the Developer (as owner of the Project Site) and shall incorporate the substantive provisions more particularly detailed in the various subparagraphs constituting this condition of approval in recordable form. The Water System Improvements Easement shall be recorded against the Project Site as a condition precedent to the issuance of the First Building Permit.
Easement to be Granted to Village for Stealth Monopole Facilities: The Developer shall grant to the Village a permanent easement to construct, repair, maintain, and/or replace the Stealth Monopole Facilities, as well as an easement over the Project Site for access to maintain, repair and/or replace the Stealth Monopole Facilities (the “Stealth Monopole Easement”). In addition, the Stealth Monopole Easement shall grant the Village the right to license or assign rights over such easement, so that the Village’s Fire and Police Departments and providers operating Antennas and Ground Equipment and their agents and contractors may have access to the Stealth Monopole Facilities to install, maintain, replace, and repair their respective equipment, subject to the terms of the Stealth Monopole Easement. The Stealth Monopole Easement shall be executed by the Developer (as owner of the Project Site) and shall incorporate the substantive provisions more particularly detailed in the various subparagraphs constituting this condition of approval in recordable form. The Stealth Monopole Easement shall be recorded against the Project Site as a condition precedent to the issuance of the First Building Permit. If any Antennas or Ground Equipment are located on the buildings in the Upper Village as detailed in the section entitled, “Relocation of Existing Antennas and Wireless Communications Facilities,” the Developer shall provide such additional easements or documented grants of rights as may be necessary to access those Antennas and/or Ground Equipment as they may be located, which easements and/or grants of rights shall be recorded against the Project Site.
Village’s Conveyance of Village Parcel to Developer: In consideration of the replacement of the Old Water Tank and construction of the Stealth Monopole Facilities and the Water System Improvement Facilities as set forth in this condition of approval, once the Water System Improvement Facilities and Stealth Monopole Facilities are operational and the Water System Improvements Easement and the Stealth Monopole Easement have been recorded against the Project Site, the Village shall convey the Village Parcel to the Developer for no further consideration, thereby abandoning the Old Water Tank and any appurtenant easements relating to the Village Parcel. The Developer shall remove the Old Water Tank from the Project Site at its sole cost and expense.
Developer’s Additional Requirements regarding Water System Improvement Facilities and the Stealth Monopole Facilities:

The Developer shall design and apply to the Village and Westchester County Department of Health to obtain approval of the Water System Improvement Facilities for use in the Project; and
The Developer shall comply with all other approvals necessary for construction or use of either or both of the Water System Improvement Facilities and the Stealth Monopole Facilities.

Hold Harmless related to Water System Improvement Facilities and Stealth Monopole Facilities: The Developer voluntarily has offered to (a)~hold the Village harmless by agreement and arrangement in acceptable form and substance to the Board of Trustees from any incremental increase in costs of use, operation, maintenance, repair, and long-term replacement of the Water System Improvement Facilities and the Stealth Monopole Facilities over the costs that would have been incurred by the Village with use, operation, maintenance, repair, and long-term replacement of (i) the New Water Tank and associated pump system and (ii) the Village Antennas , Provider Antennas, and Ground Equipment, in both instances as approved in the Special Permit Resolution adopted on June 12, 2003, and (b) post a reasonable bond or other security for its performance of its obligations under this section.
Public Water Improvements:

Decommissioning of Dalmeny Road Pump: The Water System Improvement Facilities constructed and installed on the Project Site, at the Developer’s sole cost and expense, will replace the existing Dalmeny Road water pump, and the Developer shall disconnect the pumps and pipes. The Developer shall thereupon join the pipes of any main that is severed by disconnection of the pumps but is to remain in service, but the Developer shall not be responsible for disassembling or disposing of the Dalmeny Road water pump or any related facility, addressing any existing subsurface or other conditions thereat, or otherwise decommissioning the pump.
Dry Fire Line at Lodge Road: A dry fire line shall be installed in the vicinity of the intersection of the Project Site and Lodge Road by the Developer, at its sole cost and expense, in accordance with Village’s standards and including hydrants and/or standpipes. The location shall be field located by the Village Engineer. To the extent that the Developer disturbs any land area in the course of the work described in this condition of approval, the Developer shall reasonably restore any such disturbed area(s) to substantially the condition that existed prior thereto.

Sewer Improvements:

Holbrook Road Improvements: The Village has acquired all easements and land necessary to construct 800 feet of gravity sewer through private property, a new pump station near Holbrook Road, and 500 feet of force main along Holbrook Road to Scarborough Road to benefit both this CCRC and 50-plus surrounding properties (the “Holbrook Road Improvements”). The Developer shall reimburse the Village not more than $5,000.00 for the cost of the same and, at its sole cost and expense, connect a sewer main in Central Drive in order to eliminate an old section of the public sewer system consisting of 800 feet of 6” and 8” wooden siphon that currently runs through private property between Holbrook Road and Old Briarcliff Road..
Design of Holbrook Road Improvements: At the Developer’s sole cost and expense, the Developer’s engineer shall design the gravity sewer and force main and, at no cost to the Developer, the Village’s Engineer shall design the pump station for the Holbrook Road Improvements. The Developer shall work with the Village to jointly design the Holbrook Road Improvements to satisfy applicable governmental regulations, including but not limited to those established by Westchester County Department of Health (WCDOH). The Village will provide to the Developer’s engineer reasonable specifications for components of the design to be incorporated into the project documents. The Village shall reasonably and promptly review and approve the specifications and design drawings for the sewer improvements and appurtenances, prior to submittal to WCDOH by the Developer. The Developer shall process the permit application before WCDOH, at its sole cost and expense. The Village and the Developer each shall have the right to reasonably modify specifications of the Holbrook Road Improvements, provided such modifications are consistent with Village standards and practices, to minimize cost.
Restoration of Disturbed Areas: To the extent that the Developer disturbs any land area in the course of the work described in this condition of approval, the Developer shall reasonably restore any such disturbed area(s) to substantially the condition that existed prior thereto.

Contributory Mitigation Payment for Library: Pursuant to its voluntary offer, the Developer shall make a mitigation and contribution payment of $2.25 million to fund the expansion of the Village’s library and/or enhancement of existing library services and/or facilities, which payment shall be due and payable, as follows:

A non-refundable $250,000 was paid by the Developer to the Village upon issuance of the Special Permit Resolution, which funds were to be used by the Village for:

Expansion and/or enhancement of existing library services and/or facilities; and/or
Consulting services related to expansion of the Village’s library; and

A non-refundable $2,000,000, shall be paid to the Village prior to and as a condition of the issuance of the First Building Permit.
Payment of funds shall be made by wire transfer to an account designated by the Village.

Contributory Mitigation Payment for Emergency Equipment: Pursuant to its voluntary offer, the Developer shall provide a non-refundable $500,000 mitigation and contribution payment to fund the purchase of emergency equipment, such as a new fire truck for improved firefighting capability at the Project Site, which payment shall be due and payable prior to and as a condition of the issuance of the First Building Permit. Payment shall be made by wire transfer to an account designated by the Village.
Contributory Mitigation Payments Made by Others: To the extent, if any, that the current owner of the Project Site or any other third-party related to such owner, funds any portion of the contributory mitigation payments set forth herein, such amounts shall be credited by the Village as payments satisfying a portion of the Developer’s obligation to make such contributory mitigation payments hereunder.
Emergency Response System on the Project Site: A system shall be installed and maintained on the Project Site for real time notification of the CCRC staff of emergencies via in-residence and optional personal communication devices to facilitate prompt response to residents’ calls by CCRC personnel and reduce unnecessary calls to the Village Fire, EMS and Police departments. This system shall be reviewed during the Site Plan Approval process and incorporated as conditions to any approval therein. Such system, as it may be updated from time-to-time, shall be subject to reasonable review by the Briarcliff Manor Fire Department and Village Engineer.
Emergency Transport of Residents from Project Site: Because the existing volunteer ambulance service in the Village is concerned about the availability of Emergency Medical Technician (EMT) trained personnel to accompany any daytime emergency transport of residents by ambulance from the CCRC, the following condition of approval shall form a part of this Special Permit for so long as the ambulance service remains volunteer: If demand for emergency transport from the Project Site (“EMT Service Calls”) exceeds six (6) calls per month for either (i) six (6) consecutive months, or nine (9) months out of any twelve (12) month period, (in either case, the “Acceptable Limit of EMT Service Calls”), then within sixty (60) days of written notice from the Village to the Developer and the CCRC, the Developer or the CCRC shall provide the Village Manager with a plan for reducing the number of EMT service calls below the Acceptable Limit of EMT Service Calls and shall thereupon implement that plan.
Rock Removal: Where feasible, rock shall be ripped or hammered rather than blasted.
Rock Crushing: The Developer shall incorporate a rock crusher during construction in order to reduce the amount of construction related traffic on the local roadway network.
Required Plans: Consistent with the data detailed in the DEIS and FEIS, the Developer shall prepare and implement the following plans subject to the satisfaction and approval of the Planning Board, each of which shall be subject to the prior review and approval of the Village Engineer in the reasonable exercise of his ministerial discretion, provided however that any plan(s) approved by OSHA and/or NYSDEC (including but not limited to those approved by NYSDEC in accordance with SPDES General Permit for Stormwater Discharge from Construction Activity (Permit No. GP0-08-001) effective May 1, 1008) shall be deemed acceptable to and approved by the Village Engineer:

Sedimentation and Erosion Control: A sedimentation and erosion control plan, including but not limited to the treatment of dredge material, in accordance with Westchester County Best Management Practices, New York Guidelines for Urban Erosion and Sediment Control, and the permitting requirements of the NYSDEC, and SPDES General Permit for Stormwater Discharges from Construction Activities;
Stormwater: A Stormwater Management Plan, among other things, confirming that basins have been sized to accommodate the first ½ inch of rainfall, which plan shall be reflected on design drawings to be included with the submission for site plan approval;
Blasting: A blasting mitigation plan;

Tree Protection and Preservation Plan: The Developer’s “Tree Preservation Plan” dated April~8, 2008 (Sheet~1 thereof having been last revised September~26, 2008, and Sheets~2 & 3 thereof having been last revised May~23, 2008, which revisions were provided to the Board of Trustees on October~14, 2008) also previously has been submitted to the Planning Board and the Village’s professional consultants and is approved, provided however that the issuance of this Tree Removal Permit for removal of the trees noted on the Tree Preservation Plan shall be subject to the following conditions:

After field delineation of the proposed clearing limit lines and prior to the cutting of any trees, the Developer’s representatives shall identify those trees to be removed and shall walk the Project Site with representatives of the Planning Board, Board of Trustees and Tree Preservation Committee to further mitigate removal of trees to the extent reasonably practicable;
This Tree Removal Permit shall be subject to further review, qualification and approval by the Board of Trustees upon the issuance of Site Plan Approval by the Planning Board and after the review and recommendation of the Planning Board relative to the final Site Plan, including preparation of a final Tree Protection and Preservation Plan;
The Developer shall implement a landscape program relating to approximately 3.62 acres of the Project Site, substantially as detailed in the DEIS and FEIS and in the Plans Submitted to the Trustees, but the acreage of the area to be landscaped can be reduced if it is necessary to do so to accommodate the Ballfield sized in accordance with Section 4.n.iv.

Construction Phasing Plan: A construction phasing plan and schedule, conforming with the requirements of the Noise Law, among other things, and including:

A restriction that all construction vehicles shall enter and exit the Project Site through a stabilized construction entrance and shall be inspected and cleaned of soil prior to leaving the Project Site and entering or crossing a Village road;
Parking on the Project Site shall be provided to accommodate construction workers;
A qualified/properly trained flag person shall be provided at the site driveway during peak construction periods for trucks exiting and entering the Project Site, and elsewhere if needed;
Restrictions on the hours and routes of construction traffic to minimize impacts during peak hours, including school bus pick-up and drop-off times;
Provision that damage caused to Village roads during the construction process shall be repaired, or the cost thereof shall be reimbursed to the Village in accordance with the terms of any bond posted therefore;
The “Conditional Phasing for Construction of Ballfield, Water System Improvement Facilities, & Initial Improvements” from Section 9;
The Sales Model and Sales Office described in Section 10; and
Compliance with the Village Noise Ordinance.

Dust Management: A dust management plan that includes the use of sprinklers, air handling and filtration systems to ensure that the creation of dust during the crushing operation is minimized and contained within the buildings and Project Site to the extent reasonably practicable and that conforms with NYSDEC and OSHA requirements and standards;
Landscape Plan: A landscape plan substantially as detailed in the DEIS and FEIS, including:

Prior to the commencement of any dredging and/or cleaning of Lodge Pool, a copy of the Permit issued by New York State Department of Environmental Conservation (NYSDEC) for such work, and the plan submitted to NYSDEC in connection therewith, shall be submitted to the Village Engineer in order to confirm the conformity of the proposed dredging and/or cleaning of Lodge Pool to the Site Plan approved by the Planning Board.
Enhancement of the area around Lodge Pool with planting;
Creation of a landscaped area where the former soccer field/track were located including walking paths, and a planted buffer area along the western boundary; and

Twenty Smaller Units: Twenty (20) of the ILUs shall be “smaller” units (i.e., less than 1,000 square feet) in order to be more affordable to individuals.
Tax Agreement: The provisions of the December 13, 2002 letter from Barrington Venture, LLC, a copy of which is annexed to and made a part of this Resolution, are incorporated herein by reference as conditions of this approval.
Credits on Consulting Fees Due the Village: The Developer shall be responsible for all consulting fees incurred by the Village, including without limitation fees paid for outside consultants who shall be qualified New York State engineers and/or architects hired by the Village for plan review, permitting, and construction progress inspection of the Project and all improvements related thereto, except that the Developer shall be credited against such fees due, an amount equal to the aggregate of the following items:

The costs of irrigation of the Ballfield in excess of the $15,000 limit, if any, which Developer is responsible for as referenced in this Resolution; and
An amount equal to one-fifth of Developer’s costs incurred in connection with the sewer improvements needed for implementing the Holbrook Road Improvements. The initial value of the one-fifth credit shall be based upon a schedule of values for such work as approved by the Village Engineer, and adjusted at the completion of the construction of the Holbrook Road Improvements to reflect the actual costs of construction thereof.

Additional Requirements of this Resolution: This Resolution shall also be subject to the following conditions being satisfied:

Tax Agreement: Reaffirmation and acceptance, as the case may be, by BMI, or the entity next acquiring the Project Site, as owner, and by any other person, organization, or entity with an interest in the Project Site sufficient to challenge the real property tax assessment of the Project Site, by agreement and arrangement acceptable in form and substance to the Board of Trustees, of the tax agreement dated December~13, 2002, and filed in the Village Clerk’s office on June~12, 2003.
Site Plan Approval: The Planning Board granting Site Plan Approval, or Amended Site Plan Approval, as the case may be, of the Project, substantially as described by the Third SP Modifications.

Other Governmental Approval to be Obtained, as may be required, for Water System Improvement Facilities and Stealth Monopole Facilities: Nothing contained in this Resolution shall preempt or supersede site plan review of the Project by the Planning Board, final design review of the Water System Improvement Facilities by the Village and the Westchester County Department of Health, and final design review by any other agency or entity with jurisdiction over use of any element of the Water System Improvement Facilities and the Stealth Monopole Facilities in the Project, and any actual use of the Water System Improvement Facilities and the Stealth Monopole Facilities in the Project is subject to final design approval of the Water System Improvement Facilities by the Village and the Westchester County Department of Health and final design approval by any other agency or entity with jurisdiction over use of any element of the Water System Improvement Facilities and the Stealth Monopole Facilities in the Project.
Conditional Reversion of Water Improvement Facilities to New Water Tank Requirement: If any of the Water System Improvement Facilities or Stealth Monopole Facilities permitted by this Resolution are not approved by the Westchester County Department of Health, or on final design review by any other agency or entity with jurisdiction over use of any element of the Water System Improvement Facilities and Stealth Monopole Facilities, then this Resolution shall be partially rescinded and shall have no application, force, or effect with regard to the Water System Improvement Facilities or Stealth Monopole Facilities, and the Developer shall have the right to redesign the Site Plan to conform to the provisions set forth herein and the Special Permit and Tree Removal Permit filed in the Village Clerk’s office on June~12, 2003. Notwithstanding the foregoing, however, a denial or withholding of any approval shall not cause such rescission and reinstatement if and for so long as Developer continues in good faith to seek approval by the agency or entity which denied or withheld it or any other governmental authority with jurisdiction over the same.
Timing for Issuance of Building Permits: This Special Permit shall not permit construction of any improvements on the Project Site, and no building permits or approvals for construction of improvements to the Project Site shall be issued, except with regard to the buildings, structures and/or improvements conforming with the Site Plan Approval, or Amended Site Plan Approval, as the case may be, as granted by the Planning Board and conditions thereof.

Conditional Phasing for Construction of Ballfield, Water System Improvement Facilities, & Initial Improvements:
Within sixty (60) days of satisfaction of the Necessary Pre-Conditions identified in the following Section 9.b, weather permitting, the Developer shall commence construction, and thereafter diligently pursue completion of construction, of:

The Ballfield, so that it may be made available to the Village in accordance with the provisions of this Special Permit within approximately fifteen (15) months of the date that its construction commences; and
The Water System Improvement Facilities, which are anticipated to be complete within eighteen (18) months of the date that their construction commences.

The conditions that must be fulfilled before the Developer is obligated to commence construction of the Ballfield and the Water System Improvement Facilities under this Section~9 (the “Necessary Pre-Conditions”) are:

Approval of the CCRC by New York State; and
The issuance of all necessary Certificates of Authority from New York State for the CCRC; and
The closing of title to the Premises and the acquisition thereof by the Developer, or an entity authorized by the Developer to construct, own and/or operate the CCRC; and
The issuance of any and all clearances and permits to the Developer by New York State, Westchester County, the Village, and any other governmental entity with jurisdiction over the project and its construction which is necessary to commence construction of the Ballfield and/or the Water System Improvement Facilities, as the case may be.

On or before completion of the Ballfield and it being made available to the Village:

Either the Restrooms and Parking Area shall be built or the Developer shall make adequate provision for temporary restroom and parking facilities acceptable to the Village Engineer. The Village shall pay the cost of operating any temporary restroom facility.
The Recreation Easement shall be executed and recorded against the Project Site.

In accordance with Paragraph 4.v. hereof, once the Water System Improvement Facilities and Stealth Monopole Facilities are operational, the Village shall convey the Village Parcel to the Developer for no further consideration, thereby abandoning the Old Water Tank and any appurtenant easements relating to the Village Parcel. The Developer shall remove the Old Water Tank from the Project Site at its sole cost and expense.

Prior to construction commencing on the Main Building as an initial phase of work on the Project, at Developer's election and in the exercise of its discretion, construction of the following improvements (the "Initial Improvements") may commence, subject to the issuance of all required permits, licenses and approvals from any governmental entity having jurisdiction thereof:

On-site and off-site utilities related to the Project; and/or
Interior roadways; and/or
The Stealth Monopole Facilities; and/or
The Water System Improvement Facilities and, once they are deemed by the Village to be operational, removal of the Old Water Tank.

None of the Initial Improvements referenced in this Section 9 shall be considered to require issuance of any permit, license or approval that would qualify as the "First Building Permit," as such term is defined in this Special Permit; nor shall the issuance of any permit, license or approval, or the commencement of any or all of such Initial Improvements render due and payable any or all of the Developer's obligation to pay any of the Contributory Mitigation Payments set forth in Sections 4.aa. and 4.bb. hereof.

Construction of Sales Model & Sales Office: The Developer is authorized to construct and utilize one of the 4-unit townhouse buildings to be constructed on the Project Site as a Sales Model and Sales Office. The construction of this building shall comply with all requirements for a Building Permit and Certificate of Occupancy, but the issuance of such Building Permit shall not be considered the First Building Permit, as such term is defined in this Special Permit. Parking for the Sales Model and Sales Office and an access driveway thereto may be constructed on-site, subject to Planning Board review and approval of plans for the same.
Sales Signage: The Developer will market and construct the CCRC over several years, and subject to review and approval (including size) by the Planning Board and the Village Architectural Review Advisory Committee, as otherwise provided under the Village Code, appropriate signage for the Sales Model and Sales Office shall be permitted to remain in place as temporary signage for longer than the thirty (30) day period otherwise applicable to temporary signage under the Code, but no such signage shall be larger than 25 square feet, and all such signage shall be subject to review and approval by the Planning Board and the Village Architectural Review Advisory Committee, as aforesaid.
Term of Special Permit (subject to renewal): Unless this Special Permit is renewed or extended by the Village, or either the First Building Permit has been issued or the Ballfield has been delivered to the Village with the Recreation Easement, this Special Permit approval shall expire and become void:

Four (4) years from the date of the adoption of the pending Amended Site Plan Approval by the Planning Board if construction is not begun on this Project within such four (4) year period; or
Five (5) years from the date of adoption of such Amended Site Plan Approval if substantial construction of the Project is not accomplished within such five (5) year period or if the construction is not prosecuted with reasonable diligence substantially as described by this Third SP Modification.
The Developer shall have the right to request the extension of these time periods, which may be extended by the Board of Trustees in the reasonable exercise of its administrative discretion.
Notwithstanding the foregoing, the Special Permit shall not expire if the First Building Permit has been issued by the Village or the Ballfield has been delivered to the Village with the Recreation Easement.
Moreover, the term of the Special Permit and all time-frames set forth herein, including but not limited to those set forth in Section~9 shall be subject to tolling and/or extensions of time due to conditions beyond the control of the Developer that prevent or substantially interfere with the Developer's reasonable performance of the conditions detailed herein, including but not limited to “force majeure” conditions, war, strike, riot, crime, act of God, or the pendency of litigation.

Abandonment of Special Permit Use: In accordance with the Code of the Village of Briarcliff Manor, this Special Permit Approval shall become void if either the CCRC use shall intentionally cease for more than twelve (12) consecutive months for any reason or all mitigation payments have not been paid within the time period(s) herein specified and the Developer further fails to make any payment due within thirty (30) days after written notice that such payment is due.
Interrelationship of Conditions of Site Plan Approval: This Resolution is issued in conjunction with, and conditioned upon obtaining and continued compliance with all conditions of, the Resolution of Site Plan Approval to be adopted by the Planning Board.

Mr. Robert Peirce of 100 Lodge Road stated he was disappointed his concerns were not investigated and he was upset they weren’t left with many alternatives to protect their enjoyment of their neighborhood.

Mayor Vescio stated the majority of the community was in favor of the project and the Board was very clear in their faith of the Planning Board to do what’s best for the Village. He stated the Planning Board acted in a very thoughtful and efficient manner and commended them for their work.

Trustee Waxenberg stated it was disingenuous to assume because the outcome didn’t come in Mr. Peirce’s favor the Board didn’t look into his concerns. She stated the Board took the project very seriously.

Deputy Mayor Venditti stated the Board was very sympathetic to their concerns and they were taken seriously. He stated the Board had a very critical eye to the plans and believed the applicant was responsive. He further stated he understood how Mr. Peirce felt but it was the best balance for the Village.

Trustee Mayer stated that he had contacted a member of the Planning Board and discussed the issues that Mr. Peirce had raised before the Board at a previous meeting.~ He said the Planning Board was well aware of his concerns and felt they had taken them into consideration in their deliberations.~ Mr. Mayer further stated that he had continued confidence in the Planning Board's judgment on this issue.

Amendment to Special Use Permit, Clearview School

Ms. Renata Goldstein, Attorney for the Applicant, stated her Client had no objection to the proposal.

Upon motion by Trustee Mayer, seconded by Trustee Waxenberg, the Board voted unanimously to approve the following resolution as amended:

WHEREAS, by Resolution adopted November 1, 2007, the Board of Trustees of the Village of Briarcliff Manor renewed the Special Use Permit of The Clearview School (“Clearview”) subject to the same conditions included in the original Special Use Permit approval dated February~28, 1980; and

WHEREAS, such renewal was retroactive to August~20, 2007, and extends to August~20, 2012; and

WHEREAS, by Resolution adopted August~12, 2008 (“Subdivision Resolution”), the Planning Board of the Village of Briarcliff Manor granted Subdivision Approval to Clearview for the purpose of dividing the property on which Clearview is located (“Clearview Property”) into two lots in order to accommodated the financing needs of Clearview (“Subdivision”); and

WHEREAS, prior to the issuance of the Subdivision Resolution, Clearview removed a storage shed from the Property, which would have encroached upon the newly created property line; and

WHEREAS, the said Subdivision does not provide for any physical change to the Clearview Property, and no physical change or change in the ownership or use of the Clearview Property is permitted by the Subdivision or contemplated by Clearview; and

WHEREAS, the Clearview Property is subject to the following encumbrance set forth in deed from Scarborough School to AMIC Holding Company, Inc. dated April~30, 1981, and recorded in the Westchester County Clerk’s Office (Division of Land Records) at Liber~7696, Page~599 on May~1, 1991 (“Deed Restrictions”):

The subject premises shall be used exclusively as a school and the term school shall mean an institution which has three essential components: (1)~a curriculum; (2)~a plant consisting of physical facilities; and (3)~a staff to carry out its educational objectives. In the event, however, that if in the future the Village of Briarcliff Manor, New York, or its successor political subdivision having jurisdiction over the subject premises shall approve another use for said premises, then the same shall be free and clear of this restrictive covenant, and the owner thereof at that time shall be released therefrom by the grantor and the Village and/or its successor in interest. The Village and/or its successor in interest and the grantor shall, upon request, execute a document in recordable form evidencing such release; however, no such document shall be required to effect such release. This restrictive covenant shall be for the benefit of the Village of Briarcliff Manor, New York, and may be enforced by said Village and/or its successor in interest.

Grantee AMIC HOLDING COMPANY, INC., its successors and assigns, covenants and warrants that prior to any application or attempt otherwise for a change in the use of the property from educational purposes, notice of such application or attempt must be given to the Attorney General of the State of New York.

And;

WHEREAS, as a condition of the Subdivision Resolution, Clearview has applied to the Board of Trustees to amend its Special Use Permit to reflect the Subdivision:

NOW THEREFORE, BE IT RESOLVED THAT the Special Use Permit as renewed for The Clearview School by Board of Trustees Resolution adopted November~1, 2007, is hereby amended to reflect the Subdivision, subject to all of the terms and conditions of the Subdivision Resolution, a copy of which is annexed to and made a part of this Resolution, and to all of the terms and conditions of this Resolution, of the initial Special Use Permit and subsequent renewals thereof as same may be modified therein or by this Resolution, and of the Deed restrictions; and

BE IT FURTHER RESOLVED THAT the violation of any term or condition of the Special Use Permit shall place the Special Use Permit and its associated Certificate of Occupancy in jeopardy and subject to revocation by the Village; and

BE IT FURTHER RESOLVED THAT notwithstanding the Subdivision, Clearview shall deliver to the Village a declaration or other instrument in form and substance acceptable to Village Counsel and recordable in the Office of the Westchester County Clerk (Division of Land Records) to confirm the continued application of the Deed Restrictions to the Clearview Property; and

BE IT FURTHER RESOLVED THAT except as otherwise provided herein, all other terms and conditions of the Special Use Permit shall remain in full force and effect.

Authorize Interim Village Manager to execute an agreement with Westchester County – 14 Passenger Minibus

The Board requested the matter be tabled and have the bus inspected to see if it’s in working condition.

Award of Bid – Municipal Building Generator, PRM Electric Inc.

Upon motion by Trustee Waxenberg, seconded by Deputy Mayor Venditti, the Board voted unanimously to approve the following resolution:

BE IT RESOLVED that the bid for the installation of an emergency generator at the Municipal Building (VM-0809-05) is hereby awarded to PRM Electric, Inc. per their bid of $133,000.

BE IT FURTHER RESOLVED that the Interim Village Manager is hereby authorized and directed to execute a contract with PRM Electric, Inc. to install an emergency generator.

Election Resolution for Annual Village Election 2009

Upon motion by Deputy Mayor Venditti, seconded by Trustee Smith, the Board voted unanimously to approve the following resolution:

BE IT RESOLVED that the annual Village Election will be held in the Village of Briarcliff Manor on Wednesday, March 18, 2009 between the hours of 6:00am and 9:00pm during which the polls will be open.

BE IT FURTHER RESOLVED that the following Village Offices are to be elected at the annual Village Election of March 18, 2009 for the terms as set forth herein:

Office Term

Mayor 2 Years

Trustee (2) 2 Years

Village Justice 4 Years

Fire Department Membership

Upon motion by Trustee Smith, seconded by Trustee Mayer, the Board voted unanimously to approve the following resolution as amended:

BE IT RESOLVED, that the Board of Trustees of the Village of Briarcliff Manor hereby approves the membership of Behar (Benny) Haxhia to the Briarcliff Manor Fire Company.

Upon motion by Trustee Mayer, seconded by Trustee Waxenberg, the Board voted unanimously to approve the following resolution as amended:

BE IT RESOLVED, that the Board of Trustees of the Village of Briarcliff Manor hereby approves the membership of Arie Uyterlinde to the Briarcliff Manor Fire Company.

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 of the Village of Briarcliff Manor hereby approves the membership of Masato Tani to the Briarcliff Manor Fire Company.

Minutes

Upon motion by Trustee Mayer, seconded by Trustee Waxenberg, and one abstention by Trustee Smith, the Board voted to approve the minutes of October 16, 2008 as amended.

Upon motion by Trustee Smith, seconded by Trustee Waxenberg, with abstentions from Trustee Mayer and Deputy Mayor Venditti, the Board voted to approve the minutes of November 3, 2008.

Acknowledgement of Village Justice Court Audit FYE 2008 and 2009

Upon motion by Trustee Smith, seconded by Deputy Mayor Venditti, the Board voted unanimously to approve the following resolution:

BE IT RESOLVED that the Board of Trustees does hereby acknowledge that the required Village Justice Court Audit for the Village of Briarcliff Manor for FYE 2007 and 2008 were conducted by Bennett, Kielson, Storch and DeSantis the government services division of O’Connor, Davies, Munns and Dobbins, LLP.

Ratification of Agreement for the expedited land use review process in the Village of Tarrytown

Upon motion by Trustee Mayer, seconded by Deputy Mayor Venditti, the Board voted unanimously to approve the following resolution:

BE IT RESOLVED that the Board of Trustees does herby ratify the Board of Trustees’ adoption of the attached resolution at its Special Meeting held on Monday, November 3, 2008.

Adjournment

Upon motion by Trustee Waxenberg, seconded by Deputy Mayor Venditti, the Board voted unanimously to close the regular meeting at 9:00pm.

Respectfully Submitted By,

Christine Dennett

Village Clerk