Village of Briarcliff Manor - Board of Trustees Minutes 03/21/2012

Board of Trustees Minutes 03/21/2012

Village Board of Trustees

Regular Meeting

March 21, 2012

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 on the 21^st of March, 2012 commencing at 7:30 p.m.

Present

William J. Vescio, Mayor

David Venditti, Deputy Mayor

Anthony N. 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 for the Issuance of a Special Use Permit, Urstadt Biddle Properties, Inc – Chilmark Shopping Center

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

There were no public comments.

Upon motion by Trustee Sullivan, seconded by Trustee Mayer, the Board voted unanimously to close the public hearing.

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

RESOLUTION

VILLAGE OF BRIARCLIFF MANOR BOARD OF TRUSTEES

Adopted March 21, 2012

State Environmental Quality Review Act Determination

Negative Declaration – Special Permit

Chilmark Shopping Center Rezoning & Expansion

WHEREAS, the Board of Trustees reviewed the EAF Part~1 for preliminary assessment of the environmental impacts of the Proposed Action under the State Environmental Quality Review Act (“SEQR”), determined that it is subject to SEQR, that it does not involve any federal agency, that it will involve other agencies, and that it is classified as an Unlisted Action under SEQR, and by Resolution adopted June~16, 2010, declared itself Lead Agency for the purpose of a coordinated review of the environmental impacts of the Proposed Action under SEQRA, directed the Village Clerk to transmit and file a notice of the Board of Trustees’ intent to serve as Lead Agency pursuant to 6~N.Y.C.R.R.~§617.6(b), and preliminarily classified the Proposed Action as an Unlisted Action under SEQR pursuant to 6~N.Y.C.R.R.~§617.6(a).

WHEREAS, by resolution adopted September~1, 2010, the Board of Trustees set a Public Hearing on the Proposed Local Law Zoning Amendments as sought in the Proposed Action to be held at Village Hall, 1111~Pleasantville Road, Briarcliff Manor, New York, at 7:30~PM on October~6, 2011; and

WHEREAS, the Village Clerk gave notice of the Public Hearing and referred the Proposed Local Law Zoning Amendments to the Village Planning Board, the Westchester County Planning Board/Planning Department, the Town of Ossining, and the Village of Ossining; and

WHEREAS, the Westchester County Planning Department responded to the referral by letters dated July~30, 2010, and September~29, 2010; and

WHEREAS, the Village Planning Board responded to the referral by memoranda dated July~19, 2010; and

WHEREAS, the Board of Trustees received and reviewed a Full Environmental Assessment Form, Part~2 (“Zoning EAF Part~2”) prepared on its behalf by the Village Planning Consultant BFJ Planning for assessment of the adoption of the Proposed Local Law Zoning Amendments sought in the Proposed Action; and

WHEREAS, the Board of Trustees held a duly advertised public hearing on adoption of the Proposed Local Law Zoning Amendments at Village Hall at 7:30~PM on October~6, 2010, gave all those wishing to be heard the opportunity to be heard, and closed the hearing on October~6, 2010; and

WHEREAS, the Board of Trustees considered the EAF, the Zoning EAF Part 2, comment letters from the Village Planning Board dated July~19, 2010, and from the Westchester County Department of Planning dated July~30, 2010, and September~29, 2010, and oral comments made at the Public Hearing; and

WHEREAS, by resolutions adopted October~20, 2010, the Board of Trustees (1)~determined that the Proposed Action is an Unlisted Action pursuant to 6~N.Y.C.R.R.~§612.4(b)(1), that the adoption of a Proposed Local Law Zoning Amendments as sought in the Proposed Action would not have any potentially large impact or any significant adverse impact on the environment, that the circumstances of the procedural sequencing of the zoning changes and site plan amendment and issuance of a special permit as sought in the Proposed Action warranted action on the Proposed Local Law Zoning Amendments prior to final review and action on the Proposed Site Plan Amendment and the Proposed Shared Parking Special Permit, that such review would not be less protective of the environment because the zoning changes do not permit or otherwise allow any physical change in the environment and among other things, any site plan amendment and/or special permit will be subject to review under SEQR, and that the Mayor or his designee was authorized to execute an EAF and, for the reasons set forth, to execute and file a Negative Declaration on adoption of such a Local Law and (2)~enacted Local Law~4 of 2010 to adopt the Proposed Local Law Zoning Amendments as sought in the Proposed Action in accordance with the applicable provisions of law; and

WHEREAS, Village Planning Board commented on the Proposed Shared Parking Special Permit by memorandum dated November~12, 2010; and

WHEREAS, by resolution adopted December~15, 2010, the Board of Trustees set a Public Hearing on issuance of a Proposed Shared Parking Special Permit as sought in the Proposed Action to be held at Village Hall, 1111~Pleasantville Road, Briarcliff Manor, New York, at 7:30~PM on January~20, 2011, at which time all those wishing to be heard would be given the opportunity to be heard; and

WHEREAS, the Village Clerk gave notice of the Public Hearing and as directed by the Board of Trustees, referred the Proposed Shared Parking Special Permit to neighbors within 500 feet of the Chilmark Shopping Center; and

WHEREAS, the Board of Trustees held a duly advertised Public Hearing on issuance of the Proposed Shared Parking Special Permit at Village Hall at 7:30~PM on January~20, 2011, at which time the Board heard oral comments from Stephen Smalley, Ken Trabine, Rocco Circosta, Trisha Merkel, Anthony Myoki, Kay Gresard, Charles Bradley, Connie Kislack, Charles Mesello, Linda Edelstein, Jerry Morrissy, Sayid [illegeible] from Prescriptions Plus in the Chilmark Shopping Center, and representatives of Petitioner, gave all those wishing to be heard the opportunity to be heard, and adjourned the Public Hearing to a date to be determined; and

WHEREAS, the Planning Board and the Village Manager received letters commenting on the Proposed Site Plan Amendment sought in the Proposed Action from Riker Danzig Scherer Hyland Perretti LLP on behalf of Shopwell, Inc. dated April 26, 2011, and from Jerry Gershner dated October 16, 2011; and

WHEREAS, the Board of Trustees received a memorandum from the Village Planning Board dated January~10, 2012, reporting on its review of the Proposed Site Plan Amendment and the need for the Board of Trustees to complete its review and make a determination under SEQR on the Proposed Action and act on the Proposed Shared Parking Special Permit before the Planning Board could proceed further; and

WHEREAS, by resolution adopted February~1, 2012, the Board of Trustees set resumption of the Public Hearing on issuance of the Proposed Shared Parking Special Permit for Village Hall, 1111~Pleasantville Road, Briarcliff Manor, New York, at 7:30~PM on March~7, 2012; and

WHEREAS, the Board of Trustees received letters dated January 30, 2012, and February 24, 2012, and other supporting material submitted on behalf of Petitioner to resume its application for the Proposed Shared Parking Special Permit; and

WHEREAS, the Village Clerk gave notice of the resumed Public Hearing; and

WHEREAS, the Board of Trustees held a duly advertised public hearing on issuance of the Proposed Shared Parking Special Permit at Village Hall at 7:30~PM on March~7, 2012, at which time the Board heard oral comments from Charles Bradley, Jenny Earl, Emily Sack, and representatives of Petitioner, and all those wishing to be heard were given the opportunity to be heard, and adjourned the hearing to March 21, 2012; and

WHEREAS, the Board of Trustees reviewed a Full Environmental Assessment Form Part~2 (“Shared Parking Special Permit EAF Part~2”) prepared on its behalf by the Village Planning Consultant BFJ Planning for assessment of the issuance of the Proposed Shared Parking Special Permit sought in the Proposed Action; and

WHEREAS, the Board of Trustees resumed the adjourned public hearing on issuance of the Proposed Shared Parking Special Permit at Village Hall at 7:30~PM on March~21, 2012, at which time the Board gave all those wishing to be heard the opportunity to be heard, no one asked to be heard, and the Board closed the hearing on March~21, 2012; and

WHEREAS, the Board of Trustees considered the EAF, the Shared Parking Special Permit EAF Part~2, memoranda from the Village Planning Board dated July~19, 2010, November~12, 2010, and January~10, 2012, and from the Westchester County Department of Planning dated July~30, 2010, and September~29, 2010, and other written submissions and oral comments made at the Public Hearing;

NOW THEREFORE, be it

RESOLVED, that the Board of Trustees hereby reaffirms its earlier determination that the Proposed Action is an Unlisted Action pursuant to 6~N.Y.C.R.R.~§612.4(b)(1); and be it further

RESOLVED, that the Board of Trustees, having considered the facts and conclusions set forth in the Shared Parking Special Permit EAF Part 2 regarding the potential environmental impacts of issuance of the Proposed Shared Parking Special Permit, hereby determines that issuance of a Special Permit for shared parking at Chilmark Shopping Center under Village Code Section 220-6.K(4) will not have any potentially large impact or any significant adverse impact on the environment; and be it further

RESOLVED, that the Mayor or his designee is authorized to execute an EAF and, for the reasons set forth, to execute and file a Negative Declaration on issuance of a Special Permit for shared parking at Chilmark Shopping Center under Village Code Section~220-6.K(4) as sought in the Proposed Action in accordance with the applicable provisions of law.

The Board had general discussion regarding the resolution and which plans should be included for approval.

Village Attorney Smith stated the Planning Board approved the site plan and the Board of Trustees would issue the Special Use Permit contingent on the approval of one of the three variations of the plans.

Trustee Sullivan requested copies of the resolutions be available for public inspection.

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

RESOLUTION

VILLAGE OF BRIARCLIFF MANOR BOARD OF TRUSTEES

Adopted March 21, 2012

Chilmark Shopping Center

Resolution of Special Permit Approval

WHEREAS, the Board of Trustees (“Board of Trustees”) of the Village of Briarcliff Manor, New York (“Village”) received a Petition dated May~28, 2010, with Exhibit~A, and accompanying (i)~Full Environmental Assessment Form, Part~1 dated May~28, 2010 (“EAF Part~1”), (iii)~Plans prepared by Norman DiChiara Architects, PC entitled, “Chilmark Shopping Center, Pleasantville Road & Orchard Road, Village of Briarcliff Manor” dated May~27, 2010, and identified as {a}~Al~_~Architectural Plan, {b}~A2~_~Architectural Plan, {c}~A3~_~Architectural Plan, {d}~A4~_~Architectural Elevation, {e}~A5~_~Architectural Elevation, {f}~A6~_~Architectural Elevation, (iii)~Plans prepared by John Meyer Consulting, PC entitled, “Chilmark Shopping Center, Pleasantville Road & Orchard Road, Village of Briarcliff Manor” dated May~27, 2010 and identified as {a}~SP_l~_~Cover Sheet, {b}~SP_2~_~Overall Site Plan~_~Existing Conditions, {c}~SP_3~_~Overall Site Plan~_~Proposed Conditions, {d}~SP_4~_~Site Layout Plan, {e}~SP_5~_~Site Grading Plan, {f}~SP_6~_~Site Utilities Plan, {g}~SP_7~_~Site Landscaping Plan, and (iv)~“Parking & Traffic Study” prepared by John Meyer Consulting, PC submitted by and on behalf of Urstadt Biddle Properties, Inc. (“Petitioner”) seeking to change certain Village zoning code parking requirements for shopping centers in the Village (“Proposed Local Law Zoning Amendments”) and corresponding amendment of the Chilmark Shopping Center site plan (“Proposed Site Plan Amendment”) and issuance to Chilmark Shopping Center of a special permit for shared parking (“Proposed Shared Parking Special Permit”) if the proposed Local Law Zoning Amendments were changed (“Proposed Action”); and

WHEREAS, by resolution adopted September~1, 2010, the Board of Trustees set a Public Hearing on the Proposed Local Law Zoning Amendments to be held at Village Hall, 111~Pleasantville Road, Briarcliff Manor, New York, at 7:30~PM on October~6, 2010; and

WHEREAS, pursuant to New York General Municipal Law Sec.~239_m and Westchester County Administrative Code Sec.~277.61 and 277.71, the Petition was referred to the Westchester County Planning Board/Department, the Town of Ossining, and the Village of Ossining; and

WHEREAS, the Westchester County Planning Department responded to the referral by letters dated July~30, 2010, and September~29, 2010; and

WHEREAS, pursuant to Village Code §220-6(C), the Petition was referred to the Village Planning Board for its review and recommendation; and

WHEREAS, the Village Planning Board responded to the referral by memorandum dated July~19, 2010; and

WHEREAS, the Board of Trustees held a duly advertised Public Hearing on adoption of the Proposed Local Law Zoning Amendments at Village Hall, 1111~Pleasantville Road, Briarcliff Manor, New York, at 7:30~PM on October~6, 2010, gave an opportunity to be heard to all those wishing to be heard, and closed the hearing on October~6, 2010; and

WHEREAS, on October~20, 2010, the Board of Trustees duly enacted Local Law~4 of 2010 to adopt the Proposed Local Law Zoning Amendments; and

WHEREAS, Petitioner applied for the Proposed Site Plan Amendment before the Village Planning Board, and the Village Planning Board review of the Proposed Site plan Amendment has been proceeding concurrently with the Board of Trustees review under SEQR and of the Proposed Shared Parking Special Permit; and

WHEREAS, Village Planning Board commented on the Proposed Shared Parking Special Permit by memorandum dated November~12, 2010; and

WHEREAS, by resolution adopted December~15, 2010, the Board of Trustees set a Public Hearing on issuance of the Proposed Shared Parking Special Permit to be held at Village Hall, 1111~Pleasantville Road, Briarcliff Manor, New York, at 7:30~PM on January~20, 2011; and

WHEREAS, the Village Clerk gave notice of the Public Hearing and as directed by the Board of Trustees, also referred the Proposed Shared Parking Special Permit to neighbors within 500 feet of the Chilmark Shopping Center; and

WHEREAS, the Board of Trustees held a duly advertised Public Hearing on issuance of the Proposed Shared Parking Special Permit at Village Hall at 7:30~PM on January~20, 2011, at which time the Board heard oral comments from Stephen Smalley, Ken Trabine, Rocco Circosta, Trisha Merkel, Anthony Myoki, Kay Gresard, Charles Bradley, Connie Kislack, Charles Mesello, Linda Edelstein, Jerry Morrissy, Sayid [illegible] from Prescriptions Plus in the Chilmark Shopping Center, and representatives of Petitioner, gave the opportunity to be heard to all those wishing to be heard, and adjourned the Public Hearing to a date to be determined; and

WHEREAS, the Village Planning Board and the Village Manager received letters commenting on the Proposed Site Plan Amendment from Riker Danzig Scherer Hyland Perretti LLP on behalf of Shopwell, Inc. dated April 26, 2011, and from Jerry Gershner dated October 16, 2011; and

WHEREAS, the Board of Trustees received a memorandum from the Village Planning Board dated January~10, 2012, reporting on its review of the Proposed Site Plan Amendment and the need for the Board of Trustees to complete its review, make a determination under SEQR on the Proposed Action, and act on the Proposed Shared Parking Special Permit before the Planning Board could proceed further; and

WHEREAS, the Board of Trustees received a letter dated January 30, 2012, with accompanying Plans prepared by John Meyer Consulting, PC, entitled, “Chilmark Shopping Center, Pleasantville Road & Orchard Road, Village of Briarcliff Manor” identified as (i)~SP–2~–~Overall Site Plan~–~Existing Conditions, Revision~6, dated December~21, 2011, (ii)~AST_2~–~Alternative Site Plan, Revision~1, dated December~21, 2011, (iii)~SP–4~–~Site Layout Plan, Revision~8, dated December~21, 2011, (iv)~SP~_~7~_~Site Landscaping Plan, Revision~7, dated December~13, 2011, (v)~l1”~x~l7” Figure titled “Driveway Comparison Plan~–~Layout” dated December~28, 2011, (vi)~11”~x~17” Figure titled “Driveway Comparison Plan~–~Grading” dated December~28, 2011, and (vii)~l1”~x~17” Figure titled “Site Cross Section” dated December~28, 2011, submitted by John Meyer Consulting, PC on behalf of Petitioner; and

WHEREAS, the Village Clerk gave notice of the resumed Public Hearing; and

WHEREAS, the Board of Trustees received a letter dated February~24, 2012, with accompanying plans prepared by John Meyer Consulting, PC entitled, “Chilmark Shopping Center, Pleasantville Road & Orchard Road, Village of Briarcliff Manor” last revised February~23, 2012, and identified as (i)~SP_3~–~Overall Site Plan~(A_1), which was recommended by the Planning Board in its memorandum dated January~10, 2012, (ii)~SP_3~_~Overall Site Plan~(A_2), which was suggested by the Board of Trustees to allow for an additional traffic aisle by land-banking two parking spaces in accordance with Village Code~§ 220_6.K(4)(b)[2], and (iii)~SP_3~_~ Overall Site Plan~(A_3), which will requiring future consent and authorization by an owner adjoining property but might be approved on condition of receiving that consent and authorization, submitted on behalf of Petitioner by Cuddy & Feder, LLP; and

WHEREAS, the Board of Trustees held a duly advertised Public Hearing on issuance of the Proposed Shared Parking Special Permit at Village Hall at 7:30~PM on March~7, 2012, at which time the Board heard oral comments from Charles Bradley, Jenny Earl, Emily Sack, and representatives of Petitioner, gave an opportunity to be heard to all those wishing to be heard, and adjourned the hearing to March~21, 2012; and

WHEREAS, the Board of Trustees received and reviewed a Full Environmental Assessment Form, Part~2 (“Shared Parking Special Permit EAF Part~2”) prepared on its behalf by the Village Planning Consultant BFJ Planning for assessment of

the issuance of the Proposed Shared Parking Special Permit; and

WHEREAS, the Board of Trustees resumed the adjourned Public Hearing on issuance of the Proposed Shared Parking Special Permit at Village Hall at 7:30~PM on March~21, 2012, at which time the Board gave an opportunity to be heard to all those wishing to be heard, no one asked to be heard, and the Board closed the hearing; and

WHEREAS, the Board of Trustees considered the EAF Part~1, the Shared Parking Special Permit EAF Part~2, memoranda from the Village Planning Board July~19, 2010, November~12, 2010, and January~10, 2012, and from the Westchester County Department of Planning dated July~30, 2010, and September~29, 2010, other written submissions, and oral comments made at the Public Hearing; and

WHEREAS, Chilmark Shopping Center is comprised of the following parcels designated on the Village’s Tax Map: (i)~Section~90.17, Block~1, Lots~4 & 5 owned by Petitioner and consisting of approximately 3.33 acres of land and containing two single story brick buildings with 28,605 square feet of retail and personal service uses and 148 parking spaces (“Petitioner Lots 4 & 5”), (ii)~Section~90.17, Block~1, Lot~2 owned by Petitioner and consisting of approximately .0784 acres of land and containing 8,845 square feet of retail and personal service and restaurant uses and 42 parking spaces (“Petitioner Lot~2”), (iii)~Section~90.17, Block~1, Lot~57, owned by Petitioner and consisting of approximately 0.225 acres of land and being vacant and undeveloped (“Petitioner Lot~57”), and (iv)~Section~90.17, Block~1, Lot~3 owned by Shopwell, Inc. and consisting of approximately 2.124 acres of land and containing 22,500 square feet of supermarket use and 104 parking spaces (“A&P Lot~3”), and

WHEREAS, Petitioner Lots 4 & 5, Petitioner Lot 2, and Petitioner Lot 57 are benefited and burdened by cross-easements for ingress and egress and for parking with A&P Lot 3 recorded at Liber~7784, Page~54 and Liber~7784, Page~62 in the Westchester County Clerk’s Office (Division of Land Records); and

WHEREAS, Petitioner has acquired the parcel designated on the Village’s Tax Map as Section~90.17, Block~1, Lot~6 consisting of approximately 0.49 acres of land adjacent to Chilmark Shopping Center and currently containing 2,426 square feet of banking use and 14 parking spaces and intends by its Proposed Site Plan Amendment to modify the same and incorporate it into the shopping center (“Petitioner Lot~6”); and

WHEREAS, the Chilmark Shopping Center is and has been operated as a “designed group of such retail establishments used for merchandising or personal service” … “forming a single functional shopping center”; and

WHEREAS, Shopwell, Inc. and/or the owner of A&P Lot 3 has not appeared before the Board of Trustees or joined in Petitioner’s applications for the Proposed Shared Parking Special Permit or the Proposed Site Plan Amendment; and

WHEREAS, Petitioner intends to operate Petitioner Lots~4 & 5, Petitioner Lot~2, Petitioner Lot~57, and Petitioner Lot~6, with its cross-easement ingress, egress, and parking rights, as a “designed group of such retail establishments used for merchandising or personal service” … “forming a single functional shopping center” in accordance with Village Code §220_6.K(4) under and its Proposed Site Plan Amendment (“Urstadt Biddle Chilmark Shopping Center”); and

WHEREAS, the nature and category of the Urstadt Biddle Chilmark Shopping Center’s use will not be changed by issuance of the Proposed Shared Parking Special Permit; and

WHEREAS, the Proposed Action has been subject to a coordinated review by the Board of Trustees as Lead Agency under SEQRA, and the Board of Trustees has concluded that issuance of the Proposed Shared Parking Special Permit to the Urstadt Biddle Chilmark Shopping Center will not result in any significant adverse environmental impact; and

WHEREAS, the Planning Board issued a general recommendation of support for the Proposed Shared Parking Special Permit in its memorandum of November~12, 2010, and also noted that it did not find that any of the project_related impacts would result in any potentially significant adverse environmental under SEQRA in its memorandum of January~10, 2012; and

WHEREAS, the Board is familiar with the Chilmark Shopping Center and the Urstadt Biddle Chilmark Shopping Center’s operations and use of the property; and

WHEREAS, issuance of the Proposed Shared Parking Special Permit will allow for better regulation and land use control of the Urstadt Biddle Chilmark Shopping Center; and

WHEREAS, the Urstadt Biddle Chilmark Shopping Center’s continuation of its current operations are consistent with the past use of its site and the Village’s Master Plan, surrounding land uses, and zoning; and

WHEREAS, other important benefits of issuing the Proposed Shared Parking Special Permit for Urstadt Biddle Chilmark Shopping Center include, but are not necessarily limited to, greater clarity of legal status and more efficient regulation and administration; and

WHEREAS, the Petitioner’s has agreed before the Village Planning Board on its review of the Proposed Site Plan Amendment that Urstadt Biddle Chilmark Shopping Center and its tenants will not be operated or open on a 24_hour basis; and

WHEREAS, the Village Planning Board requested in its memorandum of January~10, 2012, that stricter standards than those included in the Village Sign Ordinance, Village Code Chapter~172, “Signs,” should be applied with respect to the size, type, design, and lighting associated with any new sign posted or on the facade of any building along Pleasantville Road, and the Board of trustees encourages the Planning Board to pursue Petitioner’s agreement to the same as it completes review of the Proposed Site Plan Amendment;

NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:

RESOLVED, the Board of Trustees adopts and incorporates the recitations and statements set forth above as if fully set forth and resolved herein.

RESOLVED, in its consideration of the Urstadt Biddle Chilmark Shopping Center’s application, the Board of Trustees has reviewed and relied on:

Petition dated May~18, 2010, with Exhibit A and accompanying Plans, Full Environmental Assessment Form, Part 1, and Parking & Traffic study.
Memorandum from Village Planning Board dated July~19, 2010.
Comment Letter from the Westchester County Department of Planning dated July~30, 2010.
Comment Letter from the Westchester County Department of Planning dated September~29, 2010.
Memorandum from Village Planning Board dated November~12, 2010.
Letter to the Village Planning Board from Riker Danzig Scherer Hyland Perretti LLP on behalf of Shopwell, Inc. dated April~26, 2011.
Letter to the Village Manager from Jerry Gershner dated October~16, 2011.
Memorandum from Village Planning Board dated January~10, 2012.
Letter to the Board of Trustees from John Meyer Consulting, PC dated January~13, 2012, with accompanying Plans.
Letter to the Board of Trustees from Cuddy & Feder, LLP dated January~30, 2012, with accompanying Plans.
Shared Parking Special Permit EAF, Part 2 prepared by Village Planning Consultants.
Presentations and statements made at the Public Hearing(s).

RESOLVED, the Board of Trustees finds that:

The Urstadt Biddle Chilmark Shopping Center presently has approximately 39,876 square feet of retail, personal service, and restaurant use, 204 parking spaces, and easement rights over 104 parking spaces.
Under the Proposed Site Plan Amendment’s current three alternatives, the Urstadt Biddle Shopping Center will have (i)~in one case, 46,790 square feet of retail, personal service, and restaurant use, 208 parking spaces, and easement rights over 104 parking spaces, (ii)~in another case, 46,790 square feet of retail, personal service, and restaurant use, 206 parking spaces, 2 more land_banked parking spaces, and easement rights over 104 parking spaces, and (iii)~in the last case, 47,290 square feet of retail, personal service, and restaurant use, 211 parking spaces, and easement rights over 104 parking spaces,.
The Urstadt Biddle Chilmark Shopping Center’s use of its property and location(s) on the site, the nature and intensity of the operations and traffic in connection with it, the size of the site in relation to it, and the location of the site with respect to the type, arrangement, and capacity of streets giving access to it are in satisfactory harmony with the appropriate and orderly development of the B1 zoning district in which the shopping center is located.
The location, nature, and height of buildings, walls, and fences, and the nature and extent of the landscaping and screening existing on the site and to be developed under the Proposed Site Plan Amendment are such that the Urstadt Biddle Chilmark Shopping Center does not hinder or discourage the appropriate development and use of adjacent land and buildings.
The Urstadt Biddle Chilmark Shopping Center’s operations are not more objectionable to nearby properties by reason of noise, fumes, vibrations, lighting, or flashing of lights, than would be the operations of any permitted use on the site not requiring a special permit.
Parking areas are of adequate size for the Urstadt Biddle Chilmark Shopping Center’s use of the site, properly located, and suitably screened from any adjoining residential uses, and the entrance and exit drives are laid out so as to achieve maximum safety.
The character, intensity, size, and location of the Urstadt Biddle Chilmark Shopping Center is generally in harmony with the orderly development of the B1 zoning district in which the Property is located and will not be detrimental to the orderly development of adjacent districts.
The Urstadt Biddle Chilmark Shopping Center’s operations and improvements on the site under the Proposed Site Plan Amendment will not impair the use, enjoyment, or value of adjacent residential properties.
The nature and intensity of the Urstadt Biddle Chilmark Shopping Center and the traffic generated by it is not especially hazardous, incongruous, or detrimental to the prevailing residential character of the neighborhood.
The Urstadt Biddle Chilmark Shopping Center and its operations and improvements on the site under the Proposed Site Plan Amendment is and will be harmonious with the B1 district in which it is located, does not and will not create undue pedestrian or vehicular traffic hazards, and does not and will not include any display of signs, noise, fumes, or lights that will hinder the normal development of the district or impair the use, enjoyment and value of adjacent land and buildings
The applicable conditions and standards for Special Permit Use set forth in Village Code~§220–6(C)(1) through (8) have been met.
The Urstadt Biddle Chilmark Shopping Center is a designed group of establishments for sale of goods at retail or performance of customary personal service or services clearly incidental to retail sales, primarily for the convenience of the inhabitants of the Village and the immediate locality.
The Urstadt Biddle Chilmark Shopping Center forms a single functional shopping center.
The Urstadt Biddle Chilmark Shopping Center is situated on lots aggregating in excess of two acres.
Petitioner has presented a parking accumulation study prepared during peak hour utilization to demonstrate that sufficient parking spaces exist at The Urstadt Biddle Chilmark Shopping Center so that no overflow parking is likely to occur in any public street.
Each of the site plans identified as SP-3-Overall Site Plan (A-1) and SP-3 Overall Site Plan (A-3) submitted by letter of Cuddy & Feder, LLP dated January 30, 2012, and annexed to this Resolution will provide the Urstadt Biddle Chilmark Shopping Center with at least 4.5 parking spaces per 1,000 square feet of floor area.
The site plan identified as SP-3-Overall Site Plan (A-2) submitted by letter of Cuddy & Feder, LLP dated January 30, 2012, and annexed to this Resolution will provide the Urstadt Biddle Chilmark Shopping Center with at least 4.0 parking spaces per 1,000 square feet of floor area and provides and indicates additional land-banked parking spaces which, if made available, will provide the shopping center with at least 4.5 spaces per 1,000 square feet of floor area.
The parking spaces provided to the Urstadt Biddle Chilmark Shopping Center under the site plan identified as SP-3-Overall Site Plan (A-2) submitted by letter of Cuddy & Feder, LLP dated January 30, 2012, and annexed to this Resolution net of any land-banked spaces are sufficient to meet the demands of the shopping center by reason of the provision of nonreserved parking spaces and variation in the probable time of maximum use by visitors, patrons and employees of the shopping center and its occupants.
The applicable conditions and standards for shared parking Special Permit use set forth in Village Code~§220–6.K(4) have been met.

RESOLVED, that the Board of Trustees imposes the following conditions on the issuance of a Special Permit for shared parking (“Shared Parking Special Permit”) to the Urstadt Biddle Chilmark Shopping Center:

Except as otherwise set forth in these conditions or approved by the Board of Trustees in an amendment to the Shared Parking Special Permit, the Urstadt Biddle Chilmark Shopping Center Shared Parking Special Permit is conditioned and contingent on the Village Planning Board approval of the Proposed Site Plan Amendment in the form set forth in any one of the SP_3_Overall Site Plan~(A_1), SP_3_Overall Site Plan~(A_2), or SP_3_Overall Site Plan~(A_3) submitted by letter of Cuddy & Feder, LLP dated January 30, 2012, and annexed to this Resolution, with the Planning Board to exercise its judgment and selecting among those plans.
Except as otherwise set forth in these conditions, no change shall be made on the site to add an improvement or to change the footprint or location of any improvement shown on the Proposed Site Plan Amendment approved by the Village Planning Board (“Site Plan”) unless approval for the addition or change is obtained from the Village Planning Board under Village Code~§220–14.
All applicable fees, charges, and reimbursements charged to Petitioner by the Village on the Village’s review and determination of the Petition, the Proposed Action, the Proposed Local Law Zoning Amendments, the Proposed Shared Parking Special Permit, the Proposed Site Plan Amendment, and any matter incidental to any of the same shall be paid the before the Shared Parking Special Permit takes effect.

RESOLVED, the Board of Trustees grants the Shared Parking Special Permit to Urstadt Biddle Chilmark Shopping Center in accordance with the provisions of Village Code §220–6 subject to the terms and conditions of this Resolution and to the Urstadt Biddle Chilmark Shopping Center’s:

Operation of the Urstadt Biddle Chilmark Shopping Center in conformity with the requirements of the Village Code with regular, repeated, or continued deviations therefrom constituting a violation of the Shared Parking Special Permit.
Use and improvement of the property in conformity with the requirements of the Village Code and as set forth in the Site Plan, with regular, repeated, or continued deviations from the maintenance and improvement of the property as set forth in the Site Plan constituting a violation of the Urstadt Biddle Chilmark Shopping Center’s Shared Parking Special Permit.

RESOLVED, the Shared Parking Special Permit shall not apply to any nonconformity other than the preexisting Urstadt Biddle Chilmark Shopping Center’s parking deficiency.

RESOLVED, this Shared Parking Special Permit shall not approve, prohibit, or otherwise affect any other permit or approval that may apply to or be a required of or for the Urstadt Biddle Chilmark Shopping Center, the site, or the Urstadt Biddle Chilmark Shopping Center’s operations.

RESOLVED, in accordance with Village Code~§220–6(F) & (G), the Urstadt Biddle Chilmark Shopping Center’s Shared Parking Special Permit approval shall expire and become void if the use of the site as a designed group of establishments for sale of goods at retail or performance of customary personal service or services clearly incidental to retail sales, primarily for the convenience of the inhabitants of the Village and the immediate locality, and forming a single functional shopping center ceases for more than 12 months for any reason.

Board of Trustees Announcements by Mayor Vescio

Village Resident and Volunteer Firefighter John Mezzatesta passed away. The Board offered their deepest condolences to the family and has asked that Village flags be lowered to half-mast in his honor.
Congratulations to Robert Murray and Mark Pohar for their recent election to the Board of Trustees.
Village Hall windows and doors are finally installed.
Library windows will be installed in early April.
The Village Hall lighting project will begin next week.
The Recreation Brochure is available online or at the Recreation Office.

Village Managers Report by Village Manager Zegarelli

Punch list items are being closed out on the FWSP.
The Westchester County Mobile Shredder will be at Village Hall on Saturday, April 21^st from 10am-1pm.
The Affordable Housing Project at 445 N. State Road was approved for funding by Westchester County.
A walk through was done for architectural services at the Library.
Hydrants are being flushed throughout the Village over the next few weeks.
Residents are reminded to check their sprinkler systems.
The Solar Array panels were installed at DPW and Village Hall.
Warm weather brings out walkers, cyclists and joggers. Please be careful and wear reflective clothing.

Public Comments

The Board wished Deborah Capasso a Happy Birthday.

Acceptance of Gift: Battle of Monitor versus the Merrimack

The Board thanked Village Manager Zegarelli for his very thoughtful gift.

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

WHEREAS the 150^th Anniversary of the Battle of the Ironclads, Monitor and Merrimack occurred on March 8^th and 9^th 1862; and

WHEREAS the Captain of the Monitor was Lt. John L. Worden who was born and raised in Sparta, Town of Mount Pleasant now known as Briarcliff Manor and who later became a Rear Admiral and Commandant of the Naval Academy for 5 years; and

WHEREAS, Philip E. Zegarelli, Village Manager of the Village of Briarcliff Manor purchased as a gift a limited edition (#15 of 500) fine art rendition of the “Monitor and Merrimac, First Fight Between Ironclads”, from the Mariner’s Museum;

NOW THEREFORE BE IT RESOLVED that the Board of Trustees of Village of Briarcliff Manor hereby accepts the gift of Philip E. Zegarelli with thanks.

Scheduling Annual Organizational Meeting & Tentative Budget Public Hearing

Annual Organizational Meeting

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

BE IT RESOLVED, that the Annual Organizational Meeting of the Board of Trustees is hereby scheduled for Wednesday, April 4, 2012 at 7:00pm.

2012-2013 Tentative Budget Public Hearing

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

BE IT RESOLVED, that the 2012-2013 Tentative Budget was filed on Tuesday, March 20, 2012.

BE IT RESOLVED, that a Public Hearing for the 2012-2013 Tentative Budget is hereby scheduled for Wednesday, April 4, 2012 at 7:30pm.

Award of Bid - Guide Rail Project – North State Road

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

WHEREAS the Village received 3 bids for the Guide Rail Project North State Road Project (VM-1112-8); and

WHEREAS, the Village of Briarcliff Manor Capital Fund has designated $198,375 from H.5110.201.08484 for the 2011-2012 Guide Rail Project North State Road; and

WHEREAS the BOT has reviewed the various alternatives for enhanced guiderail features to compliment and complete the site enhancements; having reviewed NYSDOT engineering instructions; and

NOW THEREFORE BE IT RESOLVED that the bid for the Guide Rail Project North State Road (VM-1112-8) is hereby awarded to Chemung Supply Corp. at the base price of $9,268.00 for galvanized box beam with a contingency of up to $1,000.00 to secure Corten finished products, if available, together with other miscellaneous costs totaling $1,000.00 for a total project cost not to exceed $11,268.00.

THEREFORE, BE IT FURTHER RESOLVED that the Village Manager is hereby authorized and directed to execute a contract with Chemung Supply Corp. for said project.

Fire Department Membership - Hase

The Board thanked Mr. Hase for volunteering.

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

BE IT RESOLVED, that the Board of Trustees of the Village of Briarcliff Manor hereby approves the membership of Mark Hase to the Scarborough Engine Company.

Minutes

Upon motion by Trustee Sullivan, seconded by Trustee Mayer, with one abstention from Deputy Mayor Venditti, the Board voted to approve the minutes of March 7, 2012.

Adjournment

The Mayor and Board thanked Trustee Mayer for his six years of service and stated his wisdom, humor, knack for calming things down and participation will be greatly missed.

The Mayor and Board thanked Trustee Capasso for his two years of service and stated his foresight and demeanor when dealing with tough issues is a talent.

Trustee Mayer stated he enjoyed his time on the Board and thanked Village Staff, especially Robin Rizzo, Christine Dennett, Al Trudeau and Phil Zegarelli. He thanked Village Attorney Smith for his concise legal advice and the current and former Trustees. He thanked Mayor Vescio for seeing the Village from the dark ages to the enlightenment and for keeping taxes low and bringing the Village laws to the 21^st century. He stated it was a pleasure to serve the Village.

Trustee Capasso stated he appreciated the faith that the Village residents placed in him and that serving as a Trustee was a truly rewarding experience. He stated he would have gladly served longer if work commitments didn’t prevent it. He thanked the Mayor and the Board, Village Manager Zegarelli and Village Staff for their tireless efforts and stated it had been an honor to serve.

Upon motion by Trustee Mayer, seconded by Capasso, the Board voted unanimously to adjourn the meeting at 8:10pm.

Respectfully Submitted By,

Christine Dennett

Village Clerk