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Board of Trustees Minutes 11/19/2009
Village Board of Trustees
Regular Meeting
November 19, 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 19th of November 2009 commencing at 7:30 p.m.

Present
William J. Vescio, Mayor
Robert Mayer, Trustee
Lori Sullivan, Trustee

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

Absent
David Venditti, Deputy Mayor
Gayle Waxenberg, 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 Trustee Mayer, seconded by Trustee Sullivan, the Board voted unanimously to reopen the hearings concurrently.

Ms. Marsha Ruben-Goldstein of Zarin and Steinmetz stated she represented Mr. Albert Erani who owns approximately 97 acres in the proposed R60 zone.  She stated they submitted a five page letter detailing Mr. Erani’s position, as well as a protest petition.  She stated they suggested an R50 zone as a compromise and hoped the Board would keep an open mind.  She stated they were opposed to the R60 zone for his property and felt it was unfair and discriminatory.  She stated her client would experience a 50% increase in minimum lot area, when the other proposed rezoning area would only experience a 33% increase.  She stated Mr. Erani was being singled out because the other lots in the proposed R60 zone either were already developed or were not conducive to residential development because of environmental issues.  She stated the 2001 study spoke of Holbrook and Old Briarcliff Roads as secondary roads and views would not be impacted by his property.  She requested a full review under SEQRA and stated the R50 zone would be more appropriate and would be a very minor change regarding traffic and environmental issues.  She stated her client would have to go through other Board’s for approvals and he currently had no desire to do so.  She requested the Board keep open the Public Hearing and stated they were ready to work with the Board and their consultants.  

Mr. Steve Lopez, Consultant for Mr. Erani, stated his client’s property was the only developable land in the R40 zone area in question and the difference between the R50 and R60 with regards to the environment and traffic was de minimus.  He stated his client did not have any proposal for any subdivision on the table and he was looking to the future and to protect the rights of his family.

Mayor Vescio noted under the Village’s subdivision regulations the applicant would have to set aside 10% of the land for recreation.  

Mr. Albert Erani stated he has lived in Briarcliff for almost 27 years and purchased the property in question 25 years ago.  He stated he had no intention of coming before any Board in the near future for a subdivision.  He stated he had worked with many Trustees on community projects and was the largest tax payer in Briarcliff.  He stated he has enjoyed living in the Village and thanked the Board for considering what he had to say.  He stated it was about fairness and the right thing and felt he was being targeted.  He stated his property rights would be impacted and he felt that was unfair.  He stated he had always been a very good neighbor, welcoming people onto his land and he was doing improvements to his property at a considerable expense to himself and all he asked for was fairness.  

Mr. Clay Tiffany stated he thought about the federal mandate regarding affordable housing and the elitism of places like Briarcliff.  He stated the Astor Property’s ownership hadn’t been decided and they wouldn’t have a say.  He asked what the rush was and stated there were Board members with conflicts of interest.  He stated the amendment would ironically make Briarcliff less affordable, raising taxes and the rationalizations were false.  He stated it was obvious discrimination and asked who would benefit from this.    

Mayor Vescio stated the Board was awaiting responses from the County Planning Board, the Village Planning Board and the Towns and the responses would be incorporated into the record.  

Upon motion by Trustee Sullivan, seconded by Trustee Mayer, the Board voted unanimously to adjourn both hearings concurrently to December 3, 2009.  

Scarborough Park Committee Presentation

Mrs. Joan Austin and Mr. Alan Neuwirth of the Scarborough Park Committee presented their recommendations for Scarborough Park.  

Mayor Vescio requested the Committee meet with the Village Manager to select an Architect and establish a time table for the project.  He thanked the Committee for their work.  

Mr. Bob Little asked for clarification on the added parking spaces and their potential use.  

Mr. Clay Tiffany stated he’d been using the park for years and it was already a nice place.  

FY 2008-2009 Financial Statement Presentation by Susan Barosi of Bennett Kielson, Storch & DeSantis

Ms. Susan Barosi and Mr. Mike Lewis presented to the Board and the Public and stated the Village received the best opinion any entity could receive.

Mayor Vescio asked if there were any recommendations to enhance the Village’s ability to perform.  

Ms. Barosi suggested separating duties related to bank deposits and initialing journal entries.  

Trustee Mayer asked how the Village’s fund balance compared to other Villages similar in size.  

Ms. Barosi stated the village was in a healthy place but increasing the balance further would be a positive.  

Mr. Mort Berger of 2 Elizabeth Court asked what the ideal size would be and if she suggested any efficiency changes.  

Ms. Barosi stated 20% fund balance was reasonable and centralization of all money collection was recommended.    

Mayor Vescio thanked Ms. Barosi and Mr. Lewis for their presentation and further thanked Village Treasurer Robin Rizzo for her hard work.  

Board of Trustees Announcements by Mayor Vescio
  • The Westchester County Mobile Passport Unit will be in front of Village Hall on December 1st from 11am-2pm.
  • The annual sing-a-long will be on December 13th at Law Park and is co-sponsored by BFPA.  
  • The leaves dropped quickly and Village staff is trying to catch up.  Please don’t put in leaves in the street or drive through piles.  
Village Managers Report by Village Manager Zegarelli
  • 4,000 lineal feet of pipeline was installed out of the 19,000 for the Full Water Supply Project.  
  • The Rosecliff Tank painting is complete.  
  • The Scarborough Station Valet RFP draft is out.  
  • The Garden Club is planting tulips in honor of Elaine Zucchi.  
  • The Town of Ossining is holding a Preliminary Budget Hearing on December 1st
  • Overnight parking regulations go into effect December 1st   
Mayor Vescio encouraged all residents to attend the Public Hearing in Ossining.  

Trustee Sullivan stated the Recreation Department was changing their office hours to be open on Tuesday’s until 8:00pm.  

Public Comments

Mrs. Margo Berger of 2 Elizabeth Court asked if the Board was going to get the word out regarding the Town of Ossining Preliminary Budget Public Hearing on December 1st.

Mayor Vescio stated it would be posted on the Village Website, Scroll and Bulletin Boards.

Mrs. Berger asked if the Board was addressing the federal ruling on affordable housing.  

Mayor Vescio stated the County Executive needed to submit an implementation plan by December and until then there wasn’t any positioning on how, when or where affordable housing would be addressed.  

Mr. Peter Tripodi of Ossining stated he was recently elected to the Ossining Town Council and he ran on the platform of consolidation and intended to focus on the Village of Briarcliff and the Unincorporated Town.  He urged residents to attend the Budget Public Hearing and stated he looked forward to working with the Board.  

Mr. Clay Tiffany stated he found it dismaying that there were leaves on the roadways all throughout the Village and asked if there was a policy regarding that.  He asked if one of the buildings downtown had asbestos and if Trustee Sullivan was affiliated with Sullivan Realty or the Pacchianas.  

Trustee Sullivan stated she was not affiliated with Sullivan Realty or the Pacchianas.  

Mayor Vescio stated asbestos was a building owner issue and letters had been sent to residents regarding leaves.  

Amendment to Special Use Permit – Verizon Wireless Telecommunications

Upon motion by Trustee Mayer, seconded by Trustee Sullivan, the Board voted unanimously to approve the following resolution:
WHEREAS, by Resolution adopted under Briarcliff Manor Village Code~§220_6 and particularly Village Code~§220-6(J)(13) on July~6, 2006, the Board of Trustees of the Village of Briarcliff Manor issued a Special Use Permit for installation of wireless telecommunication service facilities on the steeple and in the basement of Scarborough Presbyterian Church (“Church”) to Omnipoint Communications, Inc. (“Original Scarborough Church Cellular Special Use Permit”); and
WHEREAS, by Building Permit No.~9069 issued under Briarcliff Manor Village Code~§220_6(J)(13)(s)(5) on June~26, 2009, the Village allowed New York SMSA Limited Partnership d/b/a Verizon Wireless (“Verizon Wireless”) to collocate wireless telecommunications antennas and associated equipment cabinets (“Verizon Facility”) at the Church; and
WHEREAS, by letter and applications dated August~14, 19, and 24, 2009, Verizon Wireless applied for Special Use Permit and Site Plan approval to install an emergency backup generator to service the Verizon Facility (“Verizon Generator”) at the Church; and
WHEREAS, by Resolution adopted September~3, 2009, the Board of Trustees referred Verizon Wireless’s application for a Special Use Permit to install the Verizon Generator at the Church to the Briarcliff Manor Planning Board for review and recommendation; and
WHEREAS, by Resolution adopted September 8, 2009, the Briarcliff Manor Planning Board amended the Site Plan for the installation of the Verizon Generator at the Church (“Site Plan Amendment Resolution”), and by Memorandum dated September 9, 2009, the Planning Board issued its recommendation to the Board of Trustees on the Board of Trustees’ referral of the Special Permit (“Planning Board Recommendation”); and
WHEREAS, Verizon Wireless has submitted a short Environmental Assessment Form on installation of the Verizon Generator at the Church under the New York State Environmental Quality Review Act (“SEQRA”), and the Board of Trustees has determined that installation of the Verizon Generator is an Unlisted Action under SEQRA;
NOW THEREFORE, BE IT
RESOLVED, that pursuant to the SEQRA, the Board of Trustees hereby determines that installation of the Verizon Generator at the Church will not have a significant impact upon the environment and that the Mayor or his designee is authorized to execute and file a Negative Declaration under SEQRA in accordance with the applicable provisions of law; and
FURTHER RESOLVED, that the Board of Trustees hereby finds that installation of the Verizon Generator at the Church is consistent with the conditions and standards of Village Code~§220_6 and particularly Village Code~§220-6(C) and Village Code~§220_6(J)(13); and
FURTHER RESOLVED, that a Special Use Permit for installation and operation of the Verizon Generator at the Church is issued to Verizon Wireless, subject to all of the terms and conditions of the Site Plan Amendment Resolution, a copy of which is annexed and made a part of this Resolution, to all of the terms and conditions of this Resolution, and to all of the terms and conditions of the Original Scarborough Church Cellular Special Use Permit, and subsequent renewals and modifications thereof; and
FURTHER RESOLVED, that this Special Use Permit is subject to the following conditions:
  • The Applicant shall submit an aerial photograph of the property indicating the location of the proposed Verizon Generator, to the satisfaction of the Building Inspector.
  • The color of the Verizon Generator and appurtenant facilities shall be acceptable to the Building Inspector in his reasonable discretion.
  • The final landscaping plan proposed as visual mitigation for the Verizon Generator and appurtenant facilities shall be subject to the final approval of the Building Inspector.
  • The Verizon Generator and appurtenant facilities are permitted incidental to and for the exclusive benefit of the existing Verizon Facility at the Church and shall not be used for any purpose other than emergency backup power generation for the Verizon Facility.
FURTHER RESOLVED, that the violation of any term or condition of this Resolution or Special Use Permit shall place the Special Use Permit and any associated certificate in jeopardy and subject to revocation by the Village; and
FURTHER RESOLVED, that except as otherwise provided herein, all other terms and conditions of the Original Scarborough Church Cellular Special Use Permit shall remain in full force and effect.
Mr. Clay Tiffany read an excerpt from a New York Post article dated 10/25/09 article linking to brain tumors to cellular phone use.

Establishment of a Retirement Contribution Reserve Fund

Mayor Vescio stated the pension fund had been depleted due to investment choices made by the State and the Board was planning and establishing a reserve fund to set aside money for next year.  He requested a letter be sent to the State regarding the State’s management of the fund.  

Upon motion by Trustee Sullivan, seconded by Trustee Mayer, the Board voted unanimously to approve the following resolution:
BE IT RESOLVED that the Board of Trustees of the Village of Briarcliff Manor does hereby establish a Retirement Contribution Reserve Fund pursuant to General Municipal Law 6-r for the purposes of financing retirement contributions.  
BE IT FURTHER RESOLVED that the Board of Trustees does hereby appropriate $147,335.21 from the General Fund Contingency Account and $17,803.61 from the Water Fund Contingency Account to establish reserves for the FY 2010-2011 ERS and PRFS Retirement Invoices.  
Mr. Clay Tiffany stated the pension costs would keep increasing.  

Confirmation of Village Manager’s Execution of a Stipulation Agreement Terminating a Police Officer’s 207-C Status

Upon motion by Trustee Mayer, seconded by Trustee Sullivan, the Board voted unanimously to approve the following resolution as amended:
WHEREAS, the Village of Briarcliff Manor Board of Trustees, acting as Trustees and/or as the Board of Police Commissioners, does hereby confirm and affirm the Village Manager’s execution of a Stipulation Agreement terminating a Police Officer’s 207-C Status and the Village’s assignment of the Officer and other action in accordance with the terms of the Stipulation.  
Mr. Clay Tiffany asked who the Officer was and stated it would save the Village more money to abolish the entire department.  

Authorize Village Manager to Execute an Easement Agreement
Mayor Vescio congratulated Village Manager Zegarelli for his efforts.  

Upon motion by Trustee Sullivan, seconded by Trustee Mayer, the Board voted unanimously to approve the following resolution as amended:
BE IT RESOLVED, that the Village of Briarcliff Manor Board of Trustees does hereby authorize the Village Manager to execute an Easement Agreement with Enrique Catalan upon receipt of a satisfactory Robert Balog appraisal for a temporary easement with the right to enter upon a portion of land for the purpose of constructing, laying, and installing certain water facilities and for a permanent easement for the purpose of operating, maintaining, replacing, reconstructing, and/or repairing those water facilities and to pay an amount not to exceed $26,500 for the same.  
Mr. Clay Tiffany stated the easement indicated the whole operation was planned well before the Stimulus Program started and the money could be better spent in a less affluent community.  

Minutes

The November 5, 2009 minutes were tabled to the next meeting

Adjournment

Upon motion by Trustee Mayer, seconded by Trustee Sullivan, the Board voted unanimously to close the regular meeting at 9:45pm.  

Respectfully Submitted By,

Christine Dennett
Village Clerk