Village Board of Trustees
Regular Meeting
January 20, 2011
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 20th of January 2011 commencing at 7:30 p.m.
Present
William J. Vescio, Mayor
David Venditti, Deputy Mayor
Anthony Capasso, Trustee
Robert Mayer, Trustee
Lori A. Sullivan, Trustee
Also Present
Philip Zegarelli, Village Manager
Christine Dennett, Village Clerk
Clinton Smith, Village Counsel
Public Hearing to Renew a Special Use Permit – Briarcliff Congregational Church
Upon motion by Trustee Sullivan, seconded by Trustee Mayer, the Board voted unanimously to open the public hearing.
There were no public comments.
Upon motion by Trustee Mayer, seconded by Deputy Mayor Venditti, the Board voted unanimously to adjourn the public hearing to a date uncertain.
Public Hearing to Amend Chapter 220, Zoning to allow for mixed use residential/commercial uses within a new B1A Retail Business and Residential District
Upon motion by Deputy Mayor Venditti, seconded by Trustee Capasso, the Board voted unanimously to open the public hearing.
There were no public comments.
Upon motion by Trustee Capasso, seconded by Trustee Sullivan, the Board voted unanimously to close the public hearing.
Village Attorney Smith stated notice of the public hearing was given to the Village Planning Board and the Westchester County Department of Planning.
Upon motion by Trustee Sullivan, seconded by Trustee Mayer, the Board voted unanimously to approve the following resolution:
State Environmental Quality Review Act Determination
Negative Declaration
B1A Mixed Use Zoning
WHEREAS, the Board of Trustees (“Board of Trustees”) of the Village of Briarcliff Manor, New York (“Village”) is considering amendments to the Village of Briarcliff Manor Zoning Code~§220 and the Official Village Map to add a new B1A retail business and multi-family residential zoning district and district regulations and to remap approximately 11.68 acres of land along North State Road from B1 to B1A (“Proposed Action”); and
WHEREAS, the Board of Trustees has determined that the Proposed Action is subject to the State Environmental Quality Review Act (“SEQRA”), that the Proposed Action has primarily local impacts, that the Proposed Action does not involve any federal agency, and that the Proposed Action will not involve other agencies and the Board of Trustees is the only agency which has authority to undertake, fund, or approve the Proposed Action; and
WHEREAS, the Board of Trustees as the only involved agency is the lead agency for the environmental review of the Proposed Action; and
WHEREAS, the Board of Trustees has reviewed a full Environmental Assessment Form, Parts~1 & 2 dated January~14, 2011, prepared on its behalf by the Village Planning Consultant BFJ Planning for assessment of the Proposed Action (“Full EAF”); and
WHEREAS, based on the information contained in the Full EAF, Village staff and consultants have advised the Board of Trustees that the proposed action is an Unlisted Action under SEQRA; and
WHEREAS, the Board of Trustees has preliminarily classified the Proposed Action as an Unlisted Action under SEQRA; and
WHEREAS, a duly advertised public hearing pursuant to NYS Village Law~§7_708 was held at Village Hall, 1111~Pleasantville Road, Briarcliff Manor, New York, on the Proposed Action by the Board of Trustees at 7:30~PM on January~20, 2011, at which times all those wishing to be heard were given the opportunity to be heard, and the hearing was closed on January~20, 2011; and
WHEREAS, the Board of Trustees received and considered the Full EAF and written comments from Planning Board Chair Edward P. Nolan and Members of the Planning Board dated January~17, 2011, and Westchester County Department of Planning dated January~10, 2011 , and hearing no comments at the public hearing; and
WHEREAS, the Proposed Action is consistent with recommendations made in the 2007 Village of Briarcliff Manor Comprehensive Plan and the 2009 Business Zone Advisory Committee Report;
NOW THEREFORE BE IT:
RESOLVED, that the Board of Trustees declares that it is Lead Agency for the purpose of reviewing the environmental impacts of the Proposed Action under SEQRA; and further
RESOLVED, that the Board of Trustees hereby determines that the Proposed Action is an Unlisted Action under 6~N.Y.C.R.R.~§617.2(ak); and be it further
RESOLVED, that the Board of Trustees, having considered the facts and conclusions set forth in the Full EAF regarding the potential environmental impacts of the Proposed Action, hereby determines that the Proposed Action will not have any significant adverse impact on the environment; and be it further
RESOLVED, that the Mayor or his designee is authorized to execute the Full EAF and, for the reasons set forth, to prepare, execute, and file a Negative Declaration in accordance with the applicable provisions of law.
Upon motion by Trustee Mayer, seconded by Deputy Mayor Venditti, the Board voted unanimously to approve the following resolution:
BE IT RESOLVED that the proposed local to amend Chapter 220, Zoning of the Village Code to allow for mixed-use residential/commercial uses within a new B1A Retail Business and Residential District to be applied to parcels located within the existing B1 District located along North State Road, south of Chappaqua Road and south and north of Winterberry Lane is hereby adopted.
Public Hearing for the Issuance of a Special Use Permit – Urstadt Biddle Properties Inc, Chilmark Shopping Center
Mayor Vescio explained the proposed Special Use Permit process.
Deputy Mayor Venditti stated the application was not for a CVS at the Chilmark Shopping Center, it was for a Special Use Permit for parking requirements.
Upon motion by Trustee Sullivan, seconded by Trustee Mayer, the Board voted unanimously to open the public hearing.
Mr. Stephen Smalley of 111 Orchard Road stated there were several flaws with the Applicant’s traffic study.
Mr. Ken Trabine of Ossining asked there were any other required public hearings for the site plan.
Mayor Vescio stated the Planning Board would conduct a public hearing during the site plan process.
Mr. Rocco Circosta of Ramapo Road asked what the current zoning requirements for parking were in the Village Code.
Mayor Vescio stated a local law was enacted for several shopping centers in the Village regarding parking.
Ms. Trisha Merkel asked where the parking would be located.
Mr. Anthony Myoki of Browning Drive stated the shopping center parking lot was always packed and by increasing the size of the building would increase the demand for parking. He further stated it would change the character of the Village.
Mr. William Null, Attorney for the Applicant, explained the proposed application.
Ms. Kay Gresard asked if the Board had any say with what types of businesses were allowed on the site.
Mayor Vescio stated they didn’t if they complied with the Village’s zoning ordinances and it wasn’t under the Board’s purview to regulate the tenants.
Mr. Charles Bradley of 103 Meadow Road stated he objected strongly to giving Urstadt Biddle any kind of break regarding parking. He stated it currently wasn’t regulated and people parked wherever they wanted. He suggested if the Board was considering approving the Application to put conditions on the parking requiring security and prohibiting parking in restricted areas.
Ms. Connie Kislack of Macy Road stated people parked in the lot and loitered all night.
Mr. Charles Musello of 55 Pleasantville Road stated the traffic was horrendous in that area and the site generated a lot of noise.
Mr. Ken Trabine asked if parking would still be allowed on Orchard Road for people that wanted to use the park.
Ms. Linda Edelstein of Scarborough Road asked how many special permits there were in the Village.
Mayor Vescio stated there were several.
Mr. Jerry Morrissy of 50 Orchard Road stated he was concerned about the traffic and speeding in the Chilmark area. He stated this would compound that problem.
Mayor Vescio stated speeding was a problem and the Police were cracking down on speeders. He further stated they lowered the speed limit in the Central Business District and had new stop signs installed in the Chilmark Area.
Sayid from Prescriptions Plus stated the Board get kept pushing them off to other Boards.
Mr. Stephen Smalley explained his discrepancies with the traffic study analysis and stated speeding and traffic were his major concerns.
Mayor Vescio encouraged all people with site plan concerns to attend the next Planning Board meeting. He stated the Board would keep the Special Use Permit Public Hearing open and the plans were all on file in Village Hall.
Upon motion by Trustee Sullivan, seconded by Trustee Mayer, the Board voted unanimously to adjourn the public hearing to a date uncertain.
Board of Trustees Announcements by Deputy Mayor Venditti
- The Library has extended their hours to accommodate for mid term studying.
- Tax forms are available at the Library and also online.
- Winter Recreation Programs are underway and there’s still limited space available.
Village Managers Report by Village Manager Zegarelli
- Work continues on the FWSP Pump Station. The Village is trying to extend the completion date.
- The new windows and doors for Village Hall have been ordered.
- The CSEA has filed several grievances.
- DPW has done great job with snow removal.
- At the close of business today, 97% of Village Tax has been collected. The 5% penalty is state mandated and cannot be waived.
- FEMA monies were received for last year’s storms.
Public Comments
Mr. Jerry Morrissy asked if there was a way for the Village to acquire the Verizon site in the downtown business district for more parking.
Schedule Public Hearing to Amend a Special Use Permit – Trump National Golf Club
Mayor Vescio gave a brief description of the proposed project.
Upon motion by Deputy Mayor Venditti, seconded by Trustee Capasso, the Board voted unanimously to approve the following resolution:
BE IT RESOLVED that a Public Hearing is hereby scheduled for February 2, 2011 to hear and consider an application to amend a Special Use Permit issued to Trump National.
Budget Amendment – Pocantico River Clear and Snag Project
Mr. Richard Prezioso of 4 Carlton Avenue stated the river was causing erosion on his property and asked if anything could be done on the Village’s part to prevent that.
Mr. Stephen Smalley of 111 Orchard Road asked if the DOT and DEC could work together to put a catch basin or raise 9A.
Mayor Vescio stated the Village would make an inquiry on their behalf.
Upon motion by Trustee Capasso, seconded by Trustee Sullivan, the Board voted unanimously to approve the following resolution:
BE IT RESOLVED that the Capital budget for fiscal year 2010-2011 is hereby amended to accept SEMO and FEMA monies for a project to clear and snag the Pocantico River for the removal of storm debris:
Increase Appropriation – Drainage/Pocantico River Clear and Snag Project (H1440.201.08275) by $41,732.03
Increase Revenue – SEMO (H0101.3097) by $5,962.03
Increase Revenue – FEMA (H0101.4097) by $35,770.00
Minutes
Upon motion by Trustee Sullivan, seconded by Trustee Mayer, the Board voted to approve the minutes of January 5, 2011 as amended.
Adjournment
Upon motion by Trustee Mayer, seconded by Deputy Mayor Venditti, the Board voted unanimously to adjourn the regular meeting at 9:35pm.
Respectfully Submitted By,
Christine Dennett
Village Clerk
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