Skip Navigation
This table is used for column layout.
 
Board of Trustees Minutes 12/03/2009
Village Board of Trustees
Regular Meeting
December 3, 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 3rd of December 2009 commencing at 7:30 p.m.

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

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

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 Mayer, the Board voted unanimously to reopen the public hearings concurrently.  

Mayor Vescio stated many hearings were held on the proposed local laws and if anyone had anything new to come forward.  He asked that speakers keep their comments brief.  

Mr. David Steinmetz, Attorney for Mr. Albert Erani, stated he spoke at the previous hearings and thanked Trustee Waxenberg and Village Manager Zegarelli for spending their afternoon touring Mr. Erani’s property.  He stated the offer still stood for the rest of the Board to see the property.  He stated that being out there today helped him to get the full scheme of his client’s argument.   He stated someone didn’t appreciate the pattern of development and the transitional nature of the property until he or she saw it. He stated the homes on Orchard Road are not the same size or magnitude of the homes on Old Briarcliff Road.  He stated he greatly appreciated the Board reconsidering the R60 properties but he still thought it was unfair and asked them to consider a compromise of an R50 zone.  He stated his client currently had no intention or desire to develop his property but they wanted to preserve his development rights.  He stated he didn’t think the Board could close the hearing until there was data to show why they’d choose the R60 zone over the R50 zone.  He stated his client was paying between $120,000 and $140,000 annually in taxes.  He stated the 2001 Scarborough Corridor Study differentiates Holbrook Road and Old Briarcliff Road as secondary roads and they should be considered in that way.  He requested the Board keep the hearing open and not rush to close it.  He stated his client preferred to not challenge the rezoning and he wanted to continue being a good neighbor and citizen.  

Deputy Mayor Venditti stated the Board listened to everyone’s views, allowing all the time necessary to present visual exhibits etc.  He stated the Board didn’t approach the proposed legislation in a rushed fashion and with regards to challenging it, it was Mr. Erani’s right to do so.  

Trustee Sullivan stated since the process began the Board had strongly considered all points of views and wrestled with certain pros and cons.  

Ms. Sheila Bilder of 3 Holbrook Road stated she has lived in the Macy Gate House since 1996 and was in support of the upzoning.  She stated her home was ground zero in between Erani and Astor, the infrastructure was too overcrowded and asked the Board to do what was best for all of the citizens.  She stated development was inevitable but it was a moral and financial decision and fairness was not only valued in dollars.  

Mayor Vescio stated the issue had been going on for 9 years and the Board took it upon themselves to move forward on it.  He stated the Board was trying to balance the equities for the village as a whole.  He stated he appreciated the open space of Mr. Erani’s property and listened to his concerns.  He stated the proposed local laws were not about a single property owner but about the overall area and the Board was not isolating any single parcel.  He stated the Board listened and adjusted the upzoning because they felt it was the right thing to do.  He stated the Board was transparent throughout the entire process and his recommendation was to close the hearing and go forward from there.  

Trustee Waxenberg stated she had the pleasure of spending the afternoon with Mr. Erani and Mr. Steinmetz and Mr. Erani’s property was a pristine paradise that was very special.  She stated Mr. Erani was a wonderful neighbor and she didn’t think he was looking to develop Levittown and she understood owning a property was an investment.  She stated Mr. Steinmetz quoted the 2001 study with regards to primary and secondary roads and she looked into the Department of Transportation’s definition of the terms.  She stated secondary roads were more susceptible to infrastructure and traffic and had trouble supporting development.  She stated Mr. Steinmetz referred to the magnitude and size of the homes on Old Briarcliff Road but that wasn’t unique to that area.  She stated that entire Village was diverse and unique with smaller homes mixed in with larger homes.  She stated Mr. Lopez’s presentation didn’t take into consideration the natural resources on Mr. Erani’s property or the 10% of land to be dedicated to recreation.  She stated potential development would only be affected by losing 1-3 houses instead of 5-7 houses.  She stated the Board was being as fair as they could be.  

Deputy Mayor Venditti stated his conundrum was he was a strong property rights proponent but the Board was charged with protecting the residents of the Village.  He stated they’ve struggled with issues and he was persuaded with the inequity of the zoning as it was originally proposed.  He stated the R60 Zone was a good compromise but he was equally un-persuaded by the argument for the R50 Zone.  He stated he thought the R60 Zone was in the best interest of the Village as a whole.  

Trustee Mayer stated he hadn’t been able to walk Mr. Erani’s property and felt if he walked the property he’d have to walk all of the properties in the corridor.  He stated Mr. Erani has the right to develop his property and the Board was trying to balance that right.  He stated the Board considered all aspects and heard all opinions and he thought the hearing could be closed.  

Trustee Sullivan stated she was on board to close the hearing but was not in the position to voice which way she was weighing.  She stated she heard the argument of inequity and she still had some concerns, but fairness wasn’t measured by lots and she was interested in preserving the quality of life for all residents.  She stated the Board would continue to receive comments in writing and she wasn’t prepared to vote.  

Village Attorney Smith stated if the Board invited written comments they should give a specified deadline to receive them by.  

The Board allowed 10 additional days to receive written comment.  

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

Mayor Vescio requested Village Counsel take the additional comments received and update the EAF.  

Mr. Albert Erani thanked the Board and stated he hoped when they decided to vote they considered what he said.  He stated the proposal was unfair to him and he had been a good neighbor.  He stated he was going to clean up his entire property for the benefit of his family and welcomed everyone to enjoy it.  He asked the Board to visit his property before they voted.  

Board of Trustees Announcements by Trustee Waxenberg
Trustee Waxenberg read aloud a letter the Board sent to the Town of Ossining regarding their proposed budget.
 
  • The Library is offering hands on computer classes.  
  • Registration for winter Recreation programs begins December 5th and the office will be open Tuesday nights until 8:00pm through January 5th.  
  • The Community Bonfire and Sing-A-Long will be on December 13th at 5:00pm
  • Letters to Santa can be dropped off at the Recreation Office or Post Office.
  • Residents are encouraged to play platform tennis.  
Village Managers Report by Village Manager Zegarelli
  • 5,500 lineal feet of pipeline was installed out of the 19,000 for the Full Water Supply Project.  
  • The Rosecliff Tank painting has been completed.  
  • An RFP is being put together for Scarborough Park.  
  • An RFP is being put together for Scarborough Station Valet Parking.  
  • There will be a Work session on December 8th.  
  • Scarborough Station Parking Permits go on sale on December 7th.
  • Leaf pickup is continuing on the weekends.
  • The FY 09-10 Budget is exactly half way through.  
  • Residents are reminded to not plow snow into the street.
Public Comments

Mr. Roger Battacharia of 16 Holbrook Road asked how far along the water project was asked if the water rents would go down.  

Mayor Vescio gave a brief status update.  

Mr. Battacharia stated he lived right across the street from Mr. Erani’s property and the water flow from Mr. Erani’s property fed the large pond on his property.  He stated there was a significant amount of wildlife on his property and development could adversely affect him.  He commended the Board and stated the upzoning would be a benefit to the entire Village.  

Acceptance of Donation from SaveScarborough.com

Mayor Vescio explained the donation was to illuminate the flag at the Post Office at Scarborough Station.  

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 Revenue - General Fund Gifts and Donations
(A0101.2705) by $350

BE IT FURTHER RESOLVED that the Board of Trustees does hereby accept the donation of $350 for the installation of lighting for the Scarborough Post Office American Flag.

Authorize Village Manager to Execute an Agreement

SPCA

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

BE IT RESOLVED that the Village Manager is hereby authorized and directed to execute an Agreement with the SPCA of Westchester, Inc. for animal control services for 2010.  

Westchester County – Solid Waste and Recyclables

Upon motion by Trustee Sullivan, 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 an Inter-Municipal Agreement with Westchester County for Solid Waste Management and Recyclables Disposal Services through October 21, 2010.  


Award of Bid

Ceiling Replacement Project

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

BE IT RESOLVED that the proposal for the Village Hall Ceiling Tile Replacement Project (VM0910-6) is hereby awarded to Tri-State Acoustics, Inc. as per their proposal of $15,200.00.

BE IT FURTHER RESOLVED that the Village Manager is hereby authorized and directed to execute an agreement with Tri-State Acoustics, Inc. for the Village Hall Ceiling Tile Replacement Project.  

Lighting Fixture Replacement Project

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

BE IT RESOLVED that the bid for the Village Hall Lighting Fixture Replacement Project (VM 0910-7) is hereby awarded to Talt Electric, Inc. as per their bid of $21,355.00.

BE IT FURTHER RESOLVED that the Village Manager is hereby authorized and directed to execute an agreement with Talt Electric, Inc. for the Village Hall Lighting Fixture Replacement Project.  

Pine Road Drainage and Channel Restoration

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

BE IT RESOLVED that the Village received three proposals for the Pine Road Drainage and Channel Restoration Project ranging from $15,440 to $20,320; and

BE IT FURTHER RESOLVED that the proposal for the Pine Road Drainage and Channel Restoration Project is hereby awarded to WD Excavation & Contracting, Inc. as per their proposal of $15,440.00.

BE IT FURTHER RESOLVED that the Village Manager is hereby authorized and directed to execute an agreement with WD Excavation & Contracting, Inc. for the Pine Road Drainage and Channel Restoration Project.

Board Appointment

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 of the Village of Briarcliff Manor hereby makes the following appointment:

Anne Rybicki as Conservation Advisory Council Member for a term to expire on April 1, 2011.

Scarborough Fire Station Change Orders

Mayor Vescio explained the change orders.  

Trustee Sullivan noted the change orders didn’t impact the budget because they were factored in.  

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 hereby approves the following change orders:

Change order PCO-01A in the amount of $3,843 for the removal of uncontrolled fill.    

Change order PCO-02 in the amount of $1,788.66 for the changes to the window sizes.  

Change order PCO-03 in the amount of $386 for 7 additional Overhead Door Transmitters.    

Change order PCO-04 in the amount of $1,005 to repair damaged batter boards.  

Minutes

Upon motion by Deputy Mayor Venditti, seconded by Trustee Mayer, with one abstention by Trustee Sullivan, the Board voted to approve the minutes of November 5, 2009.  

Upon motion by Trustee Sullivan, seconded by Trustee Mayer, the Board voted unanimously to approve the minutes of November 16, 2009.  

Upon motion by Trustee Waxenberg, seconded by Trustee Sullivan, with one abstention from Deputy Mayor Venditti, the Board voted to approve the minutes of November 19, 2009 as amended.  

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