Village Board of Trustees
Regular Meeting
February 18, 2010
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 18th of February 2010 commencing at 7:30 p.m.
Present
William J. Vescio, Mayor
David Venditti, Deputy Mayor
Robert Mayer, Trustee
Lori Sullivan, Trustee
Also Present
Philip Zegarelli, Village Manager
Christine Dennett, Village Clerk
Clinton Smith, Village Counsel
Robin Rizzo, Village Treasurer
Absent
Gayle Waxenberg, Trustee
Public Hearing to Amend Chapter 220 of the Code of the Village of Briarcliff Manor with Respect to CCRC’s as Special Uses in Residence Districts
Village Attorney Smith stated his office had provided the Board with a short version and a long version of the local law. Both had the same changes but the short version of the local law before the Board.
Upon motion by Trustee Mayer, seconded by Deputy Mayor Venditti, the Board voted unanimously to open the public hearing.
Mr. Clay Tiffany of Hall Road stated the up zoning made it more difficult for Briarcliff Manor to comply with the segregation lawsuit. He stated the legislation was catering to only a few.
Village Attorney Smith stated the proposed legislation concerned allowing CCRC’s in the R80 District, not upzoning.
Upon motion by Deputy Mayor Venditti, seconded by Trustee Sullivan, the Board voted unanimously to close the public hearing.
Village Attorney Smith noted a letter was received from the Westchester County Planning Department stating the proposed legislation was a matter for local determination.
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 having reviewed a Short Environmental Assessment Form prepared on its behalf by the Village Building Department for assessment of the potential environmental impacts of the proposed modification of Chapter 220-6J (14) (“EAF”) and having considered the facts and conclusions set forth in the EAF regarding the same, hereby determines that the proposed modification of Chapter~220_6J~(14) will not have any significant adverse impact on the environment, authorizes the Mayor or his designee to execute and file such documents as may be required by applicable law or regulation to implement this determination, and determines that no further SEQRA review is required for this modification of Chapter~220_6J~(14).
BE IT FURTHER RESOLVED that the proposed local law to amend Section~220_6J~(14) of Chapter 220 of the Code of the Village of Briarcliff Manor with respect to CCRC’s as Special Uses in Residence Districts is adopted.
Public Hearing, Amendment to Special Use Permit, Briarcliff Manor Investors (The Club at Briarcliff Manor)
Upon motion by Trustee Mayer, seconded by Deputy Mayor Venditti, the Board voted unanimously to open the public hearing.
Village Attorney Smith stated the public hearing was included in the referral to the County as well.
Mr. Clay Tiffany of Hall Road asked for a ballpark figure regarding how many cars would be coming in and out of the CCRC. He asked if there was an Environmental Impact Statement.
Mayor Vescio stated the information was available for Mr. Tiffany’s review in the Environmental Impact Statement for the CCRC in Village Hall.
Trustee Sullivan said that she wanted further clarification from the Applicant regarding the request to amend their Special Use Permit.
The Board had general discussion relating to the proposed amendment.
Trustee Sullivan stated she would proceed subject to getting a statement from the Applicant clarifying their needs.
Village Attorney Smith stated the Board could amend the Special Use Permit and if they did not get the documentation requested from the Applicant they could reconsider it and change it back.
Upon motion by Deputy Mayor Venditti, seconded by Trustee Sullivan, the Board voted unanimously to close the public hearing.
Upon motion by Trustee Sullivan, seconded by Trustee Mayer, the Board voted unanimously to approve the following resolution:
FIRST MODIFICATION OF THE THIRD
AMENDED AND RESTATED SPECIAL PERMIT
AND TREE REMOVAL PERMIT
Briarcliff Manor Investors LLC and Integrated Development Group LLC
Adopted February 18, 2010
WHEREAS, on November 6, 2008, the Board of Trustees of the Village of Briarcliff Manor adopted a resolution entitled “Third Amended and Restated Special Permit and Tree Removal Permit, Briarcliff Manor Investors LLC and Integrated Development Group LLC” which was filed in the Office of the Village Clerk of the Village of Briarcliff Manor on November 7, 2008, (the “Third SP Amendment”); and
WHEREAS, Briarcliff Manor Investors LLC and Integrated Development Group LLC, the current owner and proposed developer respectively of the Project Site and the Project (collectively, “BMI”) are proceeding with the approved improvements to the Recreation Parcel on an accelerated basis; and
WHEREAS, development of the Project Site in accordance with the Third SP Amendment will further important Village objectives; and
WHEREAS, in order to facilitate BMI’s ability to develop the Project Site in accordance with the Third SP Amendment, the Board of Trustees wishes to modify the Third SP Amendment; and
WHEREAS, the Board of Trustees reviewed a Short Environmental Assessment Form prepared on its behalf by the Village Building Department for assessment of the proposed modification of the Third SP Amendment (“EAF”);
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
- The Board of Trustees, having considered the facts and conclusions set forth in the EAF regarding the potential environmental impacts of the proposed modification of the Third SP Amendment, hereby determines that the proposed modification of the Third SP Amendment will not have any significant adverse impact on the environment, authorizes the Mayor or his designee to execute and file such documents as may be required by applicable law or regulation to implement this determination, and determines that no further SEQRA review is required for this modification of the Third SP Amendment.
- During the period commencing January 1, 2010, and ending on December 31, 2015 (“Interim Period”), in connection with any residential development on the Project Site, BMI shall be entitled to a development density calculation on the basis of the Village’s R60A Zoning regardless of the classification of the zoning district in which the Project Site is located.
- In calculating the permitted development density during the Interim Period, the Recreation Parcel shall be considered part of the Project Site and counted towards meeting the recreation set-aside required under the Village Code.
- This Resolution modifying the Third SP Amendment shall run with the land and be binding upon and inure to the benefit of all current and future owners of the Project Site, their successors, heirs and assigns.
- Except as otherwise modified herein, the Third SP Amendment shall remain in full force and effect in accordance with its terms.
Budget Presentation by Village Treasurer Robin Rizzo
Village Treasurer, Robin Rizzo gave a presentation regarding the budget for Fiscal Year 2009-2010.
Mayor Vescio stating having good policies and a great staff is what kept the tax payer from not having additional burdens. He thanked Village Treasurer Rizzo, Village Manager Zegarelli and the Village Staff for their hard work.
Board of Trustees Announcements by Trustee Mayer
- The Library will be offering several “hands on” computer classes. Visit the website for more information.
- Registration for day camp begins March 13th, and registration for the pool and tennis will begin on March 15th.
- The new senior bus has arrived. A $40,000 grant went towards the purchase.
- Applications are being accepted for summer employment.
- Congratulations to Village Manager Zegarelli who will be the Grand Marshall of the Sleepy Hollow St. Patrick’s Day Parade.
Village Managers Report
- The FWSP transmission main has been installed up to No Name Road.
- The Pump station excavation began today.
- The Rosecliff tank is fully functional.
- Signs will be put up at the FWSP site for ARRA.
- A small committee will review the RFP’s received for the Scarborough Station Valet Parking.
- The Annual Village Election will be on March 16th from 6:00am to 9:00pm.
- The mold remediation project in Village Hall has been completed.
- A NYSERDA solar grant application was submitted for the roof at DPW.
- The brush clearing and snagging project on Rt. 9A. is underway.
Public Comments
Mr. Clay Tiffany of Hall Road spoke about the right to free speech and his rights being violated.
Authorize Village Manager to approve Change Orders for the Full Supply Water Project
Rosecliff Water Tank
The Board requested clarification for Change Orders 2 and 3.
Upon motion by Deputy Mayor Venditti, seconded by Trustee Sullivan, the Board voted unanimously to approve the following resolution as amended:
BE IT RESOLVED that the Board of Trustees hereby approves the following change orders and credits totaling $6,175:
Change Order 1 (Utility Service Co., Inc.) in the amount of $4,275 for inspection services for the Rosecliff Water Tank.
Change Order 1 (JPI Painting, Inc.) in the amount of $1,900 for the removal and replacement of the inlet pipe to be deducted from JPI’s retainer.
Transmission Main
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 Board of Trustees hereby approves the following change orders totaling $16,384.88:
Change Order 1a (Joken Development Corp.) in the amount of $13,297.13 to cut and cap Sleepy Hollow 4 inch CI main at intersection of Sleepy Hollow Road at Bedford Road and Rt. 448 and North Street.
Change Order 1e (Joken Development Corp.) in the amount of $3,087.75 for the installation of 100 feet of 16 inch TR flex pipe.
Authorize Village Manager to Execute Agreement for the Village Petroleum Bulk Storage Upgrades
The Board had general discussion related to usage, security and access to the system.
Upon motion by Trustee Mayer, 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 Petroleum Bulk Storage Upgrades ranging from $25,820 to $38,000; and
BE IT FURTHER RESOLVED that the proposal for Petroleum Bulk Storage Upgrades is hereby awarded to American Petroleum Equipment & Construction Co., Inc. as per their proposal of $25,820.00.
BE IT FURTHER RESOLVED that the Village Manager is hereby authorized and directed to execute an agreement with American Petroleum Equipment & Construction Co., Inc. for the Petroleum Bulk Storage Upgrades.
BE IT FURTHER RESOLVED that the project will be charged to Capital Budget Code H1230.201.06160.
Minutes
Upon motion by Deputy Mayor Venditti, seconded by Trustee Sullivan, the Board voted unanimously to approve the minutes of February 4, 2010.
Adjournment
Upon motion by Deputy Mayor Venditti, seconded by Trustee Mayer, the Board voted unanimously to reschedule the February 23rd Work Session to Wednesday, February 24th at 6:15pm.
The Board thanked Village Treasurer Robin Rizzo for her presentation.
Upon motion by Trustee Sullivan, seconded by Trustee Mayer, the Board voted unanimously to close the regular meeting at 9:10pm.
Respectfully Submitted By,
Christine Dennett
Village Clerk
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