Mayor & Board of Trustees

Village Board of Trustees Regular Meeting June 4, 2019 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 at the William J. Vescio Community Center, at 1 Library Road, Briarcliff Manor, New York on the 4th of June, 2019 commencing at 7:30 p.m. Present Steven A. Vescio, Mayor Peter S. Chatzky, Deputy Mayor Cesare DeRose, Jr., Trustee Kevin Hunt, Trustee Edward E. Midgley, Trustee Also Present Philip Zegarelli, Village Manager Daniel Pozin, Village Attorney Christine Dennett, Village Clerk David Turiano, Village Engineer Pledge of Allegiance Public Hearing to Amend a Special Use Permit – Sleepy Hollow Country Club Upon motion by Deputy Mayor Chatzky, seconded by Trustee Hunt, the Board voted unanimously to open the Public Hearing: There were no public comments. Upon motion by Trustee Midgley, seconded by Deputy Mayor Chatzky, the Board voted unanimously to close the Public Hearing. Upon motion by Trustee Hunt, seconded by Trustee DeRose, the Board voted unanimously to approve the following resolution: WHEREAS, by resolution dated May 17, 2007 the Board of Trustees of the Village of Briarcliff Manor approved the application for special permit approval submitted by Sleepy Hollow Country Club (the “Club”) for its operation as a “[c]lub... not operated for gain” under Village Code §220-6(J)(6) (the “Special Use Permit”) at its current location consisting of the following parcels designated on the Village's Tax Maps as Section 104.08, Block 1, Lot 51; Section 104.11, Block 1, Lot 41; Section 104.12, Block 1, Lot 1; Section 104.12, Block 1, Lot 6; Section 1 104.16, Block 1, Lot 7; Section 104.16, Block 1, Lot 10; and Section 105.09, Block 1, Lot 1 and commonly known as 777 Albany Post Road, Scarborough, New York (“Property”); and WHEREAS, the Special Use Permit has been amended from time to time, most recently by Resolution adopted by the Board of Trustees on March 5, 2014; and WHEREAS, the Club has applied to the Board of Trustees to further amend the Special Use Permit relative to the construction and use of a one-car garage to serve the General Manager’s dwelling on the Property at 7A Tower Hill Road (the “Project”); and WHEREAS, pursuant to Village Code Section 220-6(C), the Board of Trustees referred the application for amendment of the Special Use Permit to the Planning Board for report and recommendation; and WHEREAS, at its meeting of April 9, 2019, the Planning Board authorized a memorandum to be forwarded to the Board of Trustees by which the Planning Board recommended approval of the amendment of the Special Use Permit relative to the Project, subject to the Planning Board’s determination on the related application for Amended Site Plan Approval for the Project, and approval of a necessary variance by the Zoning Board of Appeals; and WHEREAS, at its meeting of April 9, 2019, the Planning Board granted the application for Amended Site Plan Approval relative to the Project; and WHEREAS, the Board of Trustees has reviewed a Short Environmental Assessment Form submitted by the Applicant and has determined that the Project is an Unlisted action in accordance with the New York State Environmental Quality Review Act ("SEQRA"); and WHEREAS, the Project does not change the Club’s use of the Property, and the character, intensity, size, and location of the Club’s use of the Property is not materially changed by the Project; NOW THEREFORE, BE IT RESOLVED, that the Board of Trustees determines that the Project will not significantly alter the existing use or development of the Property and in 2 accordance with SEQRA that the Project will not have a significant impact upon the environment; and BE IT FURTHER RESOLVED, that the Special Use Permit for the Club is hereby amended for the purpose of and to the extent necessary to accommodate and incorporate the Project, subject to the following conditions: 1. All terms and conditions of the Special Use Permit as same has been amended from time to time are hereby restated and incorporated into this Resolution by reference as if recited in full; 2. Except as otherwise set forth herein no change shall be made on the Property to add any improvement or to change the footprint or location of any improvement unless approval for any such change is obtained from the Village Planning Board under Village Code §220-14; and BE IT FURTHER RESOLVED, that except as otherwise provided herein, all other terms and conditions of the Special Use Permit as amended from time to time shall remain in full force and effect; and BE IT FURTHER RESOLVED, that the foregoing resolution of the Board of Trustees of the Village of Briarcliff Manor is hereby approved. Presentation by Anthony Zaino, Assistant Commissioner of Planning, Westchester County: Community Development Block Grant (CDBG) Program Mr. Anthony Zaino, Assistant Commissioner of Westchester County Planning explained the Community Development Block Grant Program and stated if the Village were interested in participating, it would have to join at a public meeting by June 14, 2019. He stated the grant applications were due by June 28, 2019. Board of Trustees Announcements  The Fire Department offered general fire safety tips for homes and asked residents to consider joining the Fire Department of Ambulance Corp.  The Library has many upcoming events and the Spring/Summer Brochure is available. Visit the website for more information.  The School is Out for Summer Celebration will be on June 26th.  The Pool season is underway. 3  The Recreation Spring/Summer Brochure is available. Camp registration is still open with limited space available or a waitlist for Camp Adventure and Camp Horizon.  Stay connected and sign up for weekly updates.  The Board is seeking volunteers for the Zoning Board. Please submit a letter of interest to the Village Manager. Village Managers Report by Village Manager Zegarelli  The Pocantico River Bridge is well underway.  Tennis Court resurfacing will be completed over the weekend.  Water has been restored to the Chappaqua Road area.  The Club filed their Temporary Certificate of Occupancy Application.  Tax bills have been mailed and the first installment is due by July 1st. Public Comments Mr. Roger Battacharia of 16 Holbrook Road stated his property abutted the Philips property and high-density units were not the way to go. He stated the owners needed to rethink their development ideas. Mr. Bruce Yeager of 450 Central Drive stated the groundwater was still there on the north field and The Club installed new gates by the pond and at the end of Lodge Road. He asked if the Board was going to amend the Village Code regarding notification to adjacent neighbors of projects in the Village. Village Engineer Turiano stated he would look at the groundwater and permits were filed for the gates. He further stated the Temporary Certificate of Occupancy Application was filed by The Club and would be reviewed. Mayor Vescio stated the Board was looking at the notification provisions. Deputy Mayor Chatzky noted the TCO was available pursuant to FOIL. Resolution to Adopt a Proposed Local Law Imposing a Temporary Moratorium on the Acceptance, Processing and Approval of Applications in the Planned Office Building and Laboratory B District and Business Transitional BT District (The “B” Zone) of the Village of Briarcliff Manor The Board thanked the public for their feedback and stated they would study the various reports and findings and move forward as quickly as possible. Village Manager Zegarelli noted that 51 emails or letters were received for the record. Upon motion by Deputy Mayor Chatzky, seconded by Trustee Midgley, the Board voted unanimously to approve the following resolution: 4 BE IT RESOLVED that the proposed Local Law local imposing a Temporary Moratorium on the Acceptance, Processing and Approval of Applications in the Planned Office Building and Laboratory B District and Business Transitional BT District (The “B” Zone) of the Village of Briarcliff Manor is hereby adopted. Roll Call: Trustee Hunt Aye Trustee DeRose Aye Deputy Mayor Chatzky Aye Trustee Midgley Aye Mayor Vescio Aye Authorize Village Manager to Execute an Amendment to an Agreement with New York State Department of Transportation to Adjust the Snow and Ice Agreement for 2018-2019 Upon motion by Trustee Hunt, seconded by Deputy Mayor DeRose, 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 New York State Department of Transportation to amend the Indexed Lump Sum Municipal Snow and Ice Agreement for the period from July 1, 2018 through June 30, 2019. Authorize Village Manager to Execute Fire Protection Agreements with Mount Pleasant The Board requested amendments to the contracts on pages 2 and 5 correcting a typo, adding the word firefighters in place of firemen and adding hold harmless language for all parties. Upon motion by Trustee Hunt, seconded by Deputy Mayor DeRose, the Board voted unanimously to approve the following resolution: BE IT RESOLVED that the Village Manager is hereby authorized and directed to execute a Fire Protection Agreement with the Town of Mt. Pleasant for fire protection services to the Briarcliff East Fire Protection Districts in the amount of $48,360 to expire on December 31, 2019. BE IT FURTHER RESOLVED that the Village Manager is hereby authorized and directed to execute a Fire Protection Agreement with the Town of Mt. Pleasant for fire protection services to the Northeast Briarcliff Fire Protection District in the amount of $115,321 to expire on December 31, 2019. Resolution Authorizing the Village of Briarcliff Manor to Enter into an Agreement with the County of Westchester for the Purpose of Undertaking a Community Development Program 5 The Board thanked Mr. Zaino for giving the presentation earlier on the Program. Upon motion by Trustee Midgley, seconded by Deputy Mayor Chatzky, the Board voted unanimously to approve the following resolution as amended: WHEREAS, the Secretary of Housing and Urban Development of the United States is authorized, under Title I of the Housing and Community Development Act of 1974 as amended, and Title II of the National Affordable Housing Act of 1990, as amended, to make grants to states and other units of general local government to help finance Community Development Programs; and WHEREAS, Section 99-h of the General Municipal Law of the State of New York grants to any municipal corporation the power, either individually or jointly with one or more municipal corporations, to apply for, accept and expend funds made available by the federal government, either directly or through the State, pursuant to the provisions of any Federal law which is not inconsistent with the statutes or constitution of this State, in order to administer, conduct or participate with the Federal government in programs relating to the general welfare of the inhabitants of such municipal corporation; and WHEREAS, the Community Development Act of 1974 as amended, Title II of the National Affordable Housing Act of 1990, as amended, and any “Eligible Activities” thereunder are not inconsistent with the statutes or Constitution of the State; and WHEREAS, a number of municipalities have requested Westchester’s participation, and the County of Westchester has determined that it is desirable and in the public interest that it make application for Community Development Block Grant funds and HOME funds as an Urban County; and WHEREAS, participation by the County of Westchester as an Urban County in the Community Development Program requires that the Village of Briarcliff Manor and the County of Westchester cooperate in undertaking, or assisting in undertaking, essential community development and housing activities, specifically those activities authorized by statutes enacted pursuant to Article 18 of the New York State Constitution. WHEREAS, this Board deems it to be in the public interest for the Village of Briarcliff Manor to enter into a Cooperation Agreement with the County of Westchester for the aforesaid purposes. NOW, THEREFORE, BE IT RESOLVED, that Philip Zegarelli, Village Manager be and hereby is authorized to execute a Cooperation Agreement between the Village of Briarcliff 6 Manor and the County of Westchester for the purposes of undertaking a Community Development Program pursuant to the Housing and Community development Act of 1974 as amended and Title II of the National Affordable Housing Act of 1990, as amended. Minutes Upon motion by Trustee Hunt, seconded by Trustee DeRose, the Board voted unanimously to approve the minutes of May 21, 2019 as amended. Adjournment Upon motion by Deputy Mayor Chatzky, seconded by Trustee Midgley, the Board voted unanimously to adjourn into Executive Session to discuss contracts at 8:40pm. Upon motion by Deputy Mayor Chatzky, seconded by Trustee Hunt, the Board voted unanimously to leave Executive Session and reconvene the Regular Meeting at 9:00pm. Upon motion by Deputy Mayor Chatzky, seconded by Trustee DeRose, the Board voted unanimously to adjourn the Regular Meeting at 9:01pm. Respectfully Submitted By, Christine Dennett Village Clerk 7