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Board of Trustees Minutes 11/05/2009
Village Board of Trustees
Regular Meeting
November 5, 2009
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 5th of November 2009 commencing at 7:30 p.m.

Present
William J. Vescio, Mayor
David Venditti, Deputy Mayor
Robert Mayer, Trustee
Gayle Waxenberg, Trustee

Also Present
Philip Zegarelli, Village Manager
Christine Dennett, Village Clerk
Clinton Smith, Village Counsel

Absent
Lori Sullivan, Trustee

Public Hearing to Amend Chapter 220-3, Zoning, to establish a new R80A Single Family Residence District

Public Hearing to Amend Chapter 220-16, Zoning, Nonconforming Buildings, Lots and Uses

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

Mr. Frank Fish of Buckhurst, Fish and Jacquemart summarized the changes to the proposed legislation.

Mr. David Steinmetz, Attorney for Mr. Albert Erani, stated they appeared at prior hearings and his client owned approximately 100 acres in the area in question.  He stated they appeared last time in opposition and filed a protest petition.  He stated he was pleased the Board listened to them and they demonstrated a desire to be fair.  He stated they remained concerned his client’s property was being treated mathematically unequal.  He stated they didn’t believe they would generate the same traffic on Scarborough Road and suggested the Board look at it again.  He requested the Board conduct a further analysis and add an R50 Zone because it was more mathematically consistent.  He stated Mr. Steve Lopez did an analysis to show the Board potential density, roads and environmental impacts.  He stated the creation of an R50 Zone wouldn’t have an adverse impact to the Village.  

Trustee Waxenberg stated the Board listened to and accepted a lot of what Mr. Steinmetz said but the changes were not for Mr. Erani exclusively and the Board wanted to be fair to anyone in both zones.  

Mr. Steve Lopez, Planner for Mr. Albert Erani, stated he met with Village Engineer Turiano and they reviewed the Village’s topographic and wetlands maps.  He presented an alternative R50 Zone and stated the majority of his client’s property was in the current R40 Zone and for the most part wouldn’t generate a lot of traffic.  He showed maps of what a hypothetical proposed development would like with different zones, taking into account steep slopes and wetlands and stated the open space would remain the same regardless of the zone.  He stated there would be 64 lots in the R40 Zone, 51 lots in an R50 Zone and 44 lots in an R60 Zone.  He stated the setup and length of the road system would remain the same for all scenarios.  He stated the development would not have a significant impact to the traffic on Scarborough Road and most of the homes would not be visible due the internal nature of the development.  

Mr. David Steinmetz stated whether they did an R40, R50 or R60 Zone there was still a legitimate design that could be achieved with the same road network.  He stated to demonstrate fairness the R50 Zone made a lot of sense and achieved a fair compromise.  He stated he was not standing there advocating the R40 Zone and his client acknowledged that something will happen.  He stated the lots would have a more bucolic feel and he appreciated that the Board intended to hold open the hearings.   He stated they have given the Board a win-win and his client would preserve some of his property rights.  

Mayor Vescio stated Mr. Erani did not have an application for a subdivision before any Board and he did the presentation to demonstrate numbers.  

Mr. David Steinmetz stated his client had no intention to subdivide presently and he was here to preserve his property rights.  

Mr. Jay Teitelbaum of Holbrook Road stated he lived in the zone that would be affected, and it was all about numbers.  He stated no matter what got developed it would have an impact on the whole area and if there were 7 less houses that would be better.  He stated he was supportive of what the Board was trying to accomplish and Briarcliff is a beautiful community and that has to be preserved.  

Mr. Keith Austin of 55 Hawthorn Place stated he was in support of the R60 and R80 propositions and commended the Board for their Master Plan work.  He stated it gave a context for the whole village.  He stated he took exception to Mr. Steinmetz’s comment about traffic to the train station.  He stated only 18% of people commuted using the train station leaving the rest to go through the Village.  He stated the Board did a great job of listening to the people and striking the right medium.   

Mr. David Jonas of Holbrook Road stated he made a brief statement a few months ago and he borders the area in question.   He stated it was disingenuous to say development wouldn’t have an ecological effect or on the whole tone of Briarcliff as we know it.  He stated no one could block development but Briarcliff was a special place with less developed land and that was precious to the character.  He stated Holbrook Road was over traveled and a clogged up means of access going back and forth.  He encouraged the Board to do whatever seemed to be the right thing for the quality of life.  

Ms. Carol Santucci of 145 Holbrook Road stated she moved from the city 28 years ago for the beautiful area and realized she couldn’t stand in the way of progress.  She stated the road traffic had increased and Holbrook Road was used as a short cut for everyone.  She stated the Board should try to minimize the amount of building and keep the village what it was when she came here.  

Ms. Suzanne Whitmore of 152 Holbrook Road asked if the corridor included areas on Scarborough Road as well and stated the community as a whole should be considered.  She stated she didn’t begrudge someone for trying to develop their land but development could add a tremendous amount of traffic and she was currently circulating a petition to stop trucks from cutting through Holbrook Road.  

Deputy Mayor Venditti stated the proposed legislation sought to limit future development in the entire corridor.  

Mr. John Cass of Sleepy Hollow Road stated he loved the bucolic nature of the Village but he was very sensitive to the issue of fairness.  He stated when he lived in Ossining he bought the vacant parcel next to his home to afford him more privacy and when he sold his home he offered to sell the vacant land to his neighbors and they tried to force him into donating it as parkland.  He stated the Village had a responsibility to be fair.  

Mr. Clay Tiffany of Hall Road stated the proposed legislation was discriminatory and was morally and ethically wrong.  He stated the days of segregation were gone and it was wrong to do that to the Astor Estate when the heirs hadn’t yet been determined.  

Deputy Mayor Venditti asked if Mr. Tiffany preferred down zoning.  

Mr. Tiffany stated Briarcliff was in violation regarding affordable housing and upzoning was outrageous.  He stated he was the only one willing to broach the taboo subject of racism.  

Ms. Suzanne Whitmore asked if Mr. Tiffany was assuming a minority couldn’t afford to buy a home in the area.  She stated the proposed legislation had nothing to do with any kind of racial issue.  

Mr. Larry Christy of 73 Holbrook Road stated it was unrealistic to say development wouldn’t have an impact.  He stated currently people sped down Holbrook Road and the street wasn’t made for that amount of traffic.  He stated he supported the Board’s proposal.  

Trustee Waxenberg thanked everyone for attending the meeting and that participation was important.  

Upon motion by Trustee Mayer, seconded by Trustee Waxenberg, the Board voted unanimously to adjourn both hearings concurrently to November 19, 2009.  

Board of Trustees Announcements by Deputy Mayor Venditti
  • Window Painting went well despite the poor weather.
  • The Annual Ragamuffin parade was a success.
  • The Club gave away in excess of 500 pumpkins at their event
  • The Library and Community Center will host the History of the Hudson with songs by Camino Ravosa on November 21st at 3:00pm.  Free Admission.  
Village Managers Report by Village Manager Zegarelli
  • The Full Water Supply Project pipeline is about to cross Rt. 448 in Pocantico Hills.
  • The inside coatings are being done at the Rosecliff tank and everything should still be on schedule.  
  • The Scarborough Station valet parking service will be going out to bid.
  • An RFP is being done for the window replacements at Village Hall and Library and Community Center
  • Residents are reminded to not put leaves in the street.  It creates a very dangerous situation.  
  • The paving project is finished on Holbrook Road and Old Briarcliff Road.
  • December begins tax collection and the second has is due by December 31st
Mayor Vescio stated the Board was paying special attention to the Village’s finances during the difficult economic time and they would be getting a 6 month update from the Village Treasurer at an upcoming meeting.  

Public Comments

Mr. Clay Tiffany of Hall Road stated he was stalked and menaced by former Police Officer Tartaglione on Saturday, September 19, 2009.

Mayor Vescio stated neither he nor Deputy Mayor Venditti were on the Board when the incident occurred with former Officer Tartaglione in 1999.  He further stated the Officer was retired.  

Deputy Mayor Venditti stated he was elected to the Board of Trustees four years after the incident occurred and didn’t believe he had ever met former Officer Tartaglione.  He further stated he was on the Board when a settlement was reached and the Village was under Court Order to put him back on the force.  

Mr. Mort Berger of 2 Elizabeth Court asked what the status of the Scarborough Park was.  

Trustee Mayer stated they were getting bids for drawings and Mrs. Austin of the Scarborough Park Committee would present at the next meeting.  

Election Resolution for Annual Village Election

Upon motion by Trustee Mayer, seconded by Trustee Waxenberg, 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 Tuesday, March 16, 2010 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 16, 2010 for the terms as set forth herein:

Office                  Term
Trustee (2)             2 Years

Budget Amendment, Sidewalk Project

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

BE IT RESOLVED that the budget for Fiscal Year 2009-2010 is hereby amended as follows:

Increase Expenses
(H5110.201.10482) by $18,172.55

Increase Revenue
(H0101.2770) by $18,172.55

Acceptance of Technology Grant From the United States Department of Justice – COPS Technology Program

Mayor Vescio explained what the grant monies would be used for.  

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

BE IT RESOLVED, that the Board of Trustees hereby accepts a technology grant from the United States Department of Justice, Office of Community Oriented Policing Services (COPS) in the amount of $30,000 under the COPS Technology Program.    

Amendment to Meeting Rules and Procedures

Mayor Vescio stated the rest of the rules would remain in effect.  

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

BE IT RESOLVED that the Village of Briarcliff Manor Board of Trustees Rules of Procedure adopted at the Organizational Meetings of April 7, 2005 and April 3, 2006, Part C, Rules and Procedures, Section C2, Guidelines for Public Comment is hereby amended to read as follows:

SECTION C2 - Guidelines for Public Comment

The public shall be allowed to speak only during Public Hearings, Public Comment periods, on Board of Trustees agenda items, or such other times as the presiding officer shall allow.

Speakers must be recognized by the presiding officer.

Speakers must step to the front of the room and speak into the microphone or at the lectern should one be provided.  Speakers are not to approach the dais without invitation and are directed to make their remarks from the microphone or lectern.

Speakers must give their name, address and organization represented, if any.

No items or documents may be placed on the dais or presented to the Board unless either authorization is requested and granted by the presiding officer or a Board member specifically requests to see an item.  All items for presentation that are granted authorization or requested by a Board member shall be presented to the Village Clerk who shall pass it the Board.

There shall be no time limit for remarks during a public hearing, however, remarks must relate directly to the public hearing topic.  During the Public Comment portion of the agenda, speakers must limit their remarks to four (4) minutes, and may be recognized again by the presiding officer after other speakers have had an opportunity to speak.  On Board of Trustees agenda items, speakers must limit their remarks to one and one-half (1 ½) minutes and the remarks must relate directly to the specific agenda item under discussion at that time by the Board of Trustees.  

Speakers may not yield any remaining time they may have to another speaker.

Board members may, with the permission of the presiding officer, interrupt a speaker during the speaker’s remarks, but only for the purpose of clarification or information.

All remarks shall be addressed to the presiding officer.

Board members may respond to questions or comments at their discretion.

Speakers shall observe the commonly accepted rules of courtesy, decorum, dignity and good taste and shall not use foul language, display unacceptable behavior, or be disruptive of the proceedings.

A buzzer or other alarm will sound to indicate that a speaker’s four (4) minute time limit for Public Comment or one and one half (1 ½) minute time limit for an agenda item has been reached.  Upon being notified by the presiding officer that his or her time limit has been reached, a speaker shall cease speaking, leave the microphone or lectern, if one is provided, and return to his or her seat unless a Board member requests him or her to remain to address a question of the Board member.

Interested parties or their representatives may address the Board with written communications.  Written communications shall be delivered to the Village Manager or Village Clerk.  Speakers may not read written communications verbatim but should summarize their contents.

The presiding officer may modify these guidelines if warranted.

Mr. Clay Tiffany of Hall Road stated he believed the amendment was to single him out.  

Trustee Waxenberg stated the rules applied to everyone.  

Resolution to Abolish Vacant Position in Police Department

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

WHEREAS, due to financial and budgetary reasons, the Village of Briarcliff Manor Board of Trustees and/or Board of Police Commissioners has determined that it is necessary to reduce the number of positions in the Village’s Police Department; and

WHEREAS, as a result of this determination, one position will have to be abolished:

BE IT RESOLVED, that the current vacant police officer position in the Police Department is abolished, effective November 5, 2009.  

Mr. Clay Tiffany of Hall Road congratulated the Board on abolishing the vacant position and requested they abolish the entire department.  

Authorize Village Manager to Execute a License Agreement - Briarcliff Manor-Scarborough Historical Society

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

BE IT RESOLVED that the Village Manager is hereby authorized and directed to execute a License Agreement with the Briarcliff Manor-Scarborough Historical Society for their use of the lower level of the Briarcliff Manor Public Library and Community Center.

Minutes

Upon motion by Trustee Waxenberg, seconded by Deputy Mayor Venditti, the Board voted to approve the minutes of October 15, 2009.  

Adjournment

Upon motion by Trustee Mayer, seconded by Trustee Waxenberg, the Board voted unanimously to close the regular meeting at 9:10pm.  

Respectfully Submitted By,

Christine Dennett
Village Clerk