Mayor & Board of Trustees

Village Board of Trustees Regular Meeting December 15, 2020 7:30 p.m. A Regular Meeting of the Board of Trustees of the Village of Briarcliff Manor, New York was held remotely via Zoom on the 15th of December, 2020 commencing at 7:30 p.m. Present Steven A. Vescio, Mayor Peter S. Chatzky, Deputy Mayor Kevin Hunt, Trustee Edward E. Midgley, Trustee Sabine Werner, Trustee Also Present Philip Zegarelli, Village Manager Dan Pozin, Village Attorney Christine Dennett, Village Clerk David Turiano, Village Engineer Pledge of Allegiance Swearing in of Police Officer Yeager Mayor Vescio swore in Police Officer Yeager. SEQR Negative Declaration Complimentary Use Transition CT1-CT5 Zoning Map and Text Amendments Upon motion by Deputy Mayor Chatzky, seconded by Trustee Hunt, the Board voted unanimously to approve the following resolution: WHEREAS, the Board of Trustees of the Village of Briarcliff Manor, Westchester County, New York, is considering amendments to Chapter 220- Zoning, and the Official Zoning Map; and WHEREAS, the amendments would affect 5 underutilized or vacant office park sites, identified as 345 Scarborough Road, 600 Albany Post Road, 320 Old Briarcliff Road, 555 Pleasantville Road and 333 Albany Post Road (hereinafter referred to as the "CT Parcels"); and WHEREAS, the CT parcels are currently zoned B - Planning Office Building and Laboratory and BT - Business Transitional; and 1 WHEREAS, the proposed zoning amendments would rezone the 5 properties from Band BT to CT-1 through CT-5 - Complementary Use Transition, and incorporate an array of additional permissible uses and modified bulk and area zoning dimensional regulations, and specific Special Permit regulations, all designed to better reflect site constraints, market conditions and neighborhood context (hereinafter referred to as the "Project"); and WHEREAS, pursuant to 6 NYCRR Part 617.4 (b) (2) the Project is classified as a Type I Action; and WEHERAS, on August 19, 2020, the Board of Trustees of the Village of Briarcliff Manor designated its intent to serve as Lead Agency for the SEQR review of this Type I Action; and WHEREAS, the Lead Agency Notice was circulated to all Involved Agencies, and no objections were received during the required 30-day circulation period. NOW THEREFORE BE IT RESOLVED, that pursuant to 6 NYCRR Part 617, State Environmental Quality Review, the Board of Trustees of the Village of Briarcliff Manor hereby confirms its Lead Agency designation for the SEQR Review of this Type I Action. BE IT FURTHER RESOLVED, that pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Conservation Law, the Lead Agency has determined that the proposed Type I Action will not have a significant adverse effect on the environment for the reasons enumerated in the attached Negative Declaration Form. BE IT FINALLY RESOLVED that this SEQR Negative Declaration resolution shall have an effective date of December 15, 2020. Roll Call: Trustee Hunt Aye Trustee Werner Aye Trustee Midgley Aye Deputy Mayor Chatzky Aye Mayor Vescio Aye Continuation of Public Hearing – Omnibus – Chapter 172 “Signs”, Chapter 195 “Taxation” with regard to Article I thereof entitled Business Investment 2 Exemption and Chapter 220 “Zoning” with regard to the establishment of CT Zones in the Village Deputy Mayor Chatzky gave a brief synopsis the proposed changes. Mr. Aaron Stern of 40 Tamarack Place thanked the Board for proceeding with the legislation and stated it was the appropriate approach for the Village. Mr. Roger Battacharia of 16 Holbrook Road stated his property abutted 345 Scarborough Road and they distributed a flyer that was self-serving and commended the Board for the great work they’ve done and urged them to approve the proposed legislation. Upon motion by Trustee Werner, seconded by Deputy Mayor Chatzky, the Board voted unanimously to close the Public Hearing. Roll Call: Trustee Hunt Aye Trustee Werner Aye Trustee Midgley Aye Deputy Mayor Chatzky Aye Mayor Vescio Aye Upon motion by Deputy Mayor Chatzky, seconded by Trustee Werner, the Board voted unanimously to approve the following resolution: BE IT RESOLVED that the proposed local law to amend Chapter 172, “Signs, Chapter 195 “Taxation” with regard to Article I thereof entitled “Business Investment Exemption” and Chapter 220, Zoning with regard to the establishment of the CT Zones in the Village of the Code of the Village of Briarcliff Manor is hereby adopted. Roll Call: Trustee Hunt Aye Trustee Werner Aye Trustee Midgley Aye Deputy Mayor Chatzky Aye Mayor Vescio Aye Public Hearing – Chapter 131, Freshwater Wetlands Deputy Mayor Chatzky gave a brief synopsis the proposed changes. 3 Mayor Vescio stated a memorandum was received by the Planning Board and the Board would need time to review their comments. Mr. Steven Kavee of Ingham Road stated he watched the Planning Board meeting and their comments concerned him. He further stated wetlands and their buffer were vital and not malleable. He suggested the Board reinstate the Conservation Advisory Council. Mr. Kamran Parandian of 48 Old Sleepy Hollow Road thanked the Board for their hard work and allowing the lot next door to his property to be developed would destroy the surrounding wetlands. He agreed with the reinstatement of the Conservation Advisory Council. Mr. Josh DePalo of 73 Hawthorne Way, Hartsdale, stated he did work in the Pocantico watershed and there was an edge effect with wetlands and the habitat relied on the boundary surrounding it. Ms. Nancy Cohen of 14 Juniper Place, stated she had wetlands in her backyard and didn’t realize the benefits to them and hoped they’d be protected. She agreed with the reinstatement of the Conservation Advisory Council. Mrs. Rhea Mallett of 57 Old Sleepy Hollow Road stated she supported the direction the Board was heading in and there needed to be strong laws to protect the environment. Mrs. Debra Auguste of 72 Quinn Road echoed the comments of the previous speakers and stated it was crucial that the wetlands be protected. Mr. Nicholas Tukuru of 28 Lincoln Avenue, Ossining, stated protecting the wetlands and their buffer was so important to the overall ecosystem and applauded the Board for their efforts. Ms. Punita Thaker of 3 Hiddenoak Road stressed the importance of protecting the beautiful scenery and stated she had a new appreciation for it since the pandemic began. Mr. Barry Bosak of 15 Old Sleepy Hollow Road stated he concurred with the previous speakers and urged the Boards to visit the sites in person. He stated there had been mistakes with development and sometimes it takes years to show. Mrs. Alex Kenner of 70 Old Sleepy Hollow Road stated the property next door to theirs was beautiful and the law should be more restrictive. 4 Ms. Kim Izzarelli of 12 Deertree Lane stated the development of Wyndcrest displaced a lot of water and some decisions that may seem small could have a large net effect and impact. Mr. Roger Battacharia of 16 Holbrook Road stated one of the beautiful aspects of the area were the waterways and it was critical to protect natural resources. Upon motion by Trustee Werner, seconded by Deputy Mayor Chatzky, the Board voted unanimously to adjourn the Public Hearing to January 5, 2021. Roll Call: Trustee Hunt Aye Trustee Werner Aye Trustee Midgley Aye Deputy Mayor Chatzky Aye Mayor Vescio Aye Public Hearing – Chapter 1-11, General Provisions Upon motion by Trustee Werner, seconded by Deputy Mayor Chatzky, the Board voted unanimously to open the public hearing. Roll Call: Trustee Hunt Aye Trustee Werner Aye Trustee Midgley Aye Deputy Mayor Chatzky Aye Mayor Vescio Aye There were no public comments. Upon motion by Deputy Mayor Chatzky, seconded by Trustee Werner, the Board voted unanimously to close the public hearing. Roll Call: Trustee Hunt Aye Trustee Werner Aye Trustee Midgley Aye Deputy Mayor Chatzky Aye Mayor Vescio Aye 5 Upon motion by Deputy Mayor Chatzky, seconded by Trustee Midgley, the Board voted unanimously to approve the following resolution: BE IT RESOLVED that the proposed local law to amend Chapter 1, General Provisions, Article I. Adoption of Code Changes in Previously Adopted Legislation of the Code of the Village of Briarcliff Manor is hereby adopted. Roll Call: Trustee Hunt Aye Trustee Werner Aye Trustee Midgley Aye Deputy Mayor Chatzky Aye Mayor Vescio Aye Board of Trustees Announcements • The Library has many virtual programs and curbside pickup available. Visit their website for more information. • There are several Recreation Programs available. Platform Tennis, a new Running Club, Geo-caching Challenge, Senior Shopping and many more. Sign up for their E-News and visit their site for more information. • Please support the Village’s effort to make Route 9A safer. Village Manager’s Report by Village Manager Zegarelli • Overnight parking restrictions are in effect through March 31st. • Scarborough Station Parking Permits are on sale. • The next Police Reform Committee meeting is scheduled for December 21st. • Village Taxes are due by December 31st. • Court is fully remote again. • A reminder that hunting is not permitted on Village land. Police Outreach Report • The PBA is holding their annual toy and coat drive. • 9pm Routine. Make sure your cars and doors are locked and no valuables are left it the car. Village Engineer’s Report by Village Engineer Turiano • There is progress with cross access easements along Pleasantville Road. It will create connectivity with parking. • Several mixed use development projects are before the Planning Board. • Village Hall ADA: Is out to bid and due back December 17th. • The Tuttle Road bid will be out shortly. 6 Committee Reports Beautification Committee: • No report. Recreation Advisory Committee: • There are several virtual events planned. • The next meeting is January 20th. Library Board: • 2,390 books were picked up in the month of November. • A survey is being done regarding the interests of the users. Public Comments There were no public comments. Acceptance of Donation – Friends of the Library Upon motion by Deputy Mayor Chatzky, seconded by Trustee Hunt, the Board voted unanimously to approve the following resolution as amended: BE IT RESOLVED, that the Board of Trustees hereby accepts a donation in the amount of $582.95 from the Friends of Briarcliff Manor Public Library, Inc for the purposes of purchasing non-western books and to amend the 20/21 Budget as proposed below: Increase Library Fund Revenue – Special Rev, Gifts, Donations (L0108.2705) by $582.95 Increase Library Fund Expense – Special Matching Expenses (L0108.2705) by $582.95 Roll Call: Trustee Hunt Aye Trustee Werner Aye Trustee Midgley Aye Deputy Mayor Chatzky Aye Mayor Vescio Aye Budget Amendment Upon motion by Deputy Mayor Chatzky, seconded by Trustee Hunt, the Board voted unanimously to approve the following resolution as amended: 7 BE IT RESOLVED that the budget for fiscal year 2020-2021 is hereby amended as follows: CABLE PEG PAYMENT Increase Revenue H0101.2770 $16,508 Increase Expense H1230.201.15PEG $16,508 Roll Call: Trustee Hunt Aye Trustee Werner Aye Trustee Midgley Aye Deputy Mayor Chatzky Aye Mayor Vescio Aye Amend Master Fee Schedule Upon motion by Deputy Mayor Chatzky, seconded by Trustee Werner, the Board voted unanimously to approve the following resolution: BE IT RESOLVED that the Board of Trustees does hereby amend the Master Fee Schedule for the Village of Briarcliff Manor as follows: Recreation Fees: for newly created dwelling units: Efficiency (studio) $6,000 1-bedroom $6,000 2-bedroom $8,000 3-bedroom $10,000 4-bedroom $12,000 Single family dwelling unit (attached or detached) $12,000 Each lot created as per Chapter 190-21 $12,000 Roll Call: Trustee Hunt Aye Trustee Werner Aye Trustee Midgley Aye Deputy Mayor Chatzky Aye Mayor Vescio Aye Fire Department Membership 8 Upon motion by Trustee Hunt, seconded by Deputy Mayor Chatzky, 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 Sean Gonder to the Scarborough Engine Company. BE IT RESOLVED, that the Board of Trustees of the Village of Briarcliff Manor hereby approves the membership of Pedro Montes de Oca, Jr. to the Scarborough Engine Company. Roll Call: Trustee Hunt Aye Trustee Werner Aye Trustee Midgley Aye Deputy Mayor Chatzky Aye Mayor Vescio Aye Budget Transfer Upon motion by Deputy Mayor Chatzky, seconded by Trustee Werner, the Board voted unanimously to approve the following resolution: BE IT RESOLVED that the Board of Trustees does hereby establish a Capital Reserve for Fire Department Capital Equipment: GL Codes: Balance Sheet: A.0878.FDRS FD Capital Reserves Expense: A3410.201.FDRS FD Capital Reserves Roll Call: Trustee Hunt Aye Trustee Werner Aye Trustee Midgley Aye Deputy Mayor Chatzky Aye Mayor Vescio Aye Police Reform Advisory Committee Appointment Xiomara Rivera was appointed to the Police Reform Advisory Committee. Membership would now be closed. 9 Minutes Upon motion by Trustee Werner, seconded by Trustee Hunt, the Board voted unanimously to approve the minutes of December 1, 2020. Adjournment The Board wished a Happy Birthday to Deputy Mayor Chatzky and Trustee Midgley who both on December 31st. Happy New Year to all. Upon motion by Trustee Hunt, seconded by Trustee Werner, the Board voted unanimously to adjourn the Meeting at 9:47pm. Respectfully Submitted By, Christine Dennett Village Clerk 10