Mayor & Board of Trustees

AGENDA TUESDAY JANUARY 5. 2021 BOARD OF TRUSTEES VILLAGE OF BRIARCLIFF MANOR, NEW YORK REGULAR MEETING - 7:30 PM Due to COVID-I9 concerns the meeting will be held via Zoom and also streamed live on https://briarcliffiv.viebit.com. Email comments you have prior to the meeting to BOT@briarcliffmanor.orq or cden nett@briarcl iffma nor.orq. Join Zoom Meeting https://usO2web.zoom. us/j/82732645506?pwd=bn N HaWNtaG FOM E9 1 Rj hSW|JC dTMwZz09 Meeting lD: 827 3264 5506 Passcode: 933890 Dial by your location +1 929 205 6099 US (New York) Pledge of Allegiance 1. Continuation of Public Hearing - Chapter 131, Freshwater Wetlands Board of Trustees Announcements Village Managers Report Police Outreach Report Village Engineer's Report Committee Reports Public Comments 2. Acknowledgement of Police Chief's Retirement 3. Minutes NEXT REGULAR BOARD OF TRUSTEES MEETING - TUESDAY, JANUARY 19,2021  VILIAGE OF BRIARCLIFF MANOR BOARD OF TRUSTEES AGENDA JANUARY 5,2021 1. CONTINUATION OF PUBLIC HEARING RESOLUTION PROVIDED IN THE EVENT THE BOARD WISHES TO ADOPT. BE lT RESOLVED that the proposed local law to amend Chapter 131 "Freshwater Wetlands" of the Code of the Village of Briarcliff Manor is hereby adopted. Chapter 131 DRAFT for Discussion Purposes Only, Last Updated L1,/23/2O2O Chapter 131 . Freshwater Wetlands S 131-1 . Short title. This chapter shall be known as the "Wetlands Protection Law of the Village of Briarcliff Manor." S 131-2. Declaration of policy. The public policy of the Village of Briarcliff Manor is to preserve, protect and conserve freshwater wetlands ("wetlands") and watercourses and the benefits derived therefrom, prevent the despoliation and destruction of wetlands, and regulate the development of such wetlands, watercourses, and their buffers to secure their natural benefits, consistent with the general welfare and beneficial economic, social and agricultural development of the Village. The Village of Briarcliff Manor shall exercise its authority pursuant to Article 24 of the State Environmental Conservation Law as such law may from time to time be amended. S 131-3. Statement of findings. A. The wetlands located in the Village of Briarcliff Manor are invaluable resources for flood protection, wildlife habitat, recreation, open space, and water sources. B. Wetlands in the Village have been lost, despoiled or impaired by draining, dredging, filling, excavating, building, pollution or other acts inconsistent with the natural uses of such areas. Remaining wetlands should be regulated to preserve their value to the Village. C. Recurrent flooding aggravated or caused by the loss of wetlands has serious effects upon natural ecosystems. D. The conservation of wetlands is a matter of Village concern. E. Any loss of wetlands and/or watercourses deprives the people of the Village of Briarcliff Manor of the many and multiple benefits they provide, including: (1) Flood and storm control by the hydrologic absorption and storage capacity of wetlands; (2) Wildlife habitat by providing breeding, nesting and feeding grounds and cover for many forms of wildlife, including endangered and rare species; (3) Protection of ground and surface water resources and provision for valuable watersheds and groundwater recharge areas; (4) Recreation by providing areas for fishing, boating, hiking, bird watching, photography, camping and other uses; (5) Pollution treatment by serving as bio-filtration basins; (6) Erosion control by serving as sediment detention and filtering basins, trapping sediment and organic matter, stabilizing stream channels and shorelines; (7) Education and scientific research by providing readily accessible outdoor biophysical laboratories, living classrooms and training and education resources; (8) Open space and aesthetic values; and (9) Sources of nutrients in freshwater food cycles, nursery grounds and sanctuaries for freshwater fish. S 131-4. Definitions. Chapter 131 DRAFT for Discussion Purposes Only, Last Updated 1,7/23/2020 Except where specifically defined herein, all words used in this chapter shall carry their customary meanings. Words used in the present tense include the future and the plural includes the singular. The word "shall" is intended to be mandatory. APPLICANT Any person or authorized agent who files an application for any permit issued pursuant to this chapter, including the agent of the owner or a contract vendee. APPROVING AUTHORITY The Planning Board or the Village Engineer as specified in $ 131-7B and C. DAMS and WATER CONTROL MEASURES AND DEVICES Barriers which regulate or obstruct the flow of water or raise, or lower or maintain the level of water in ponds, lakes, streams or other natural or man-made drainage ways. FRESHWATER WETLANDS ("WETLANDS" or "WETLAND") A regulated area that comprises hydric soils and/or is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, vernal pools, wet meadows, fens and similar areas. For the purposes of this regulation, wetlands are defined in accordance with the methodology set forth in NYCRR Part 664 and in the 1989 Federal Wetlands Delineation Manual, as may be subsequently amended. For the purposes of this chapter, regulated wetlands do not include detention, infiltration and retention basins, installed to facilitate drainage or as mitigation for flooding, and Man-Made or Created Freshwater Wetlands, as defined hereunder. Wetlands/watercourses subject to the regulations of this chapter shall be determined by the Village, and may include any lands or waters lying within the boundaries of the Village of Briarcliff Manor shown on one or more of the following: (1) The map of regulated wetlands published by the New York State Department of Environmental Conservation pursuant to S 24-0301 of the State Environmental Conservation Law; or (2) A GIS based map prepared on behalf of the Village of Briarcliff Manor that includes among other layers "NYS Regulated Wetlands," "Hydric SoilWetlands," "National Wetlands lnventory (NWl),' "Streams," associated buffers, or any other layers. Such map may include any locally delineated wetlands map created, maintained, or accepted by the Village Engineer and previously approved by a resolution of the Village Board of Trustees Such map is hereby adopted by the Village of Briarcliff Manor which shall be modified from time to time, at the sole discretion of Village Engineer; or (3) A site-specific wetland delineation prepared by a Qualified Professional and surveyed by a Professional Land Surveyor. FRESHWATER WETLAND/WATERGOURSE BUFFER AREA ("BUFFER" or "BUFFER AREA") An area extending 100 feet horizontally away from and parallel to (i) the outermost boundary of a wetland or (ii) the point of mean high water of a watercourse or (iii) floodplain. FLOODPLAINS Area adjacent to rivers and streams that are subject to recurring inundation. Chapter 131 DRAFT for Discussion Purposes Only, Last Updated 1,1,/23/2020 INVASIVE SPECIES Poison ivy, ragweed, plants detrimental to health, or other poisonous or invasive plant species, as defined by the State of New York, or the County of Westchester, or as otherwise adopted by the Village of Briarcliff Manor through resolution of the Board of Trustees. MAN.MADE OR CREATED FRESHWATER WETLANDS/WATERCOURSES Aquatic areas which may not have existing permit or approval on file with the Village, or which may not be shown on an approved site plan or subdivision plat or on a survey or map, do not support hydrophytic vegetation, and have one or more of the following characteristics: (1) Artificially irrigated areas that would revert to upland should irrigation cease. (2) Artificial lakes, reflecting pools, swimming pools or ponds with a concrete bottom or liner created by excavating and/or diking dry land. (3) Water-filleddepressionscreated incidentaltoconstructionactivity. (4) Groundwater drained through subsurface drainage systems and erosional features (gullies and rills), and swales and ditches that are not naturally fed by ground water, but are used for drainage discharge. Such drainage ditches support flow for no longer than a rain event. PLANNING BOARD The Planning Board of the Village of Briarcliff Manor. POLLUTION The presence in the environment of human-induced conditions or contaminants in quantities or characteristics which are or may be harmful to humans, plants, animals or property. PROJECT Any action or series of actions which may result in direct or indirect physical impact on a wetland, including but not limited to, any regulated activity. QUAL!FIED PROFESSIONAL A person, with demonstrable experience and qualifications acceptable to the Village Engineer, having special knowledge of: (1) ldentification and distribution of native plants and vegetative associations in wetland and upland systems and the methods to describe, classify and delineate vegetative species and associations, (2) The physical, chemical and biological sciences applicable to the genesis and morphology of soils as natural bodies and of the methods to describe, classify and map soil units; and (3) Field indicators of wetland hydrology, capable of identifying and measuring ground water table. REGULATED ACTIVITY Any potentially detrimental activity conducted within a wetland, watercourse, or buffer area, including (i) any form of draining, dredging, excavation, removal of soil, mud, sand, shells, gravel or other aggregate, either directly or indirectly; (ii) any form of dumping, filling, or depositing of any soil, stones, sand, gravel, mud, rubbish or fill of any kind, either directly or indirectly; (iii) erecting any building, structure or roadway, driving any pilings, or placing any other obstructions,; (iv) introducing or worsening any pollution or disturbance, including, but not limited to, installing a septic tank, running a sewer outfall, discharging sewage treatment Chapter 131 DRAFT for Discussion Purposes Only, Last Updated IL|23/2O2O effluent or other liquid wastes; (v) subdividing land; (vi) locating animal feedlots or pens, manure stockpiles or similar animal storage areas; or (vii) any other activity which may substantially impair one or more functions provided by wetlands or the benefits derived therefrom. SELEGTIVE CUTTING The annual or periodic removal of trees, individually or in small groups, in order to realize the yield and establish a new crop and to improve the forest, which removal does not involve the total elimination of one or more particular species of trees with the exception of invasive species. STATE The State of New York. VILLAGE The Village of Briarcliff Manor, New York. VILLAGE ENGINEER The Village Engineer of the Village of Briarcliff Manor. WATERCOURSE Any natural permanent or intermittent, public or private water body or water segment, such as ponds, lakes, reservoirs, brooks and waterways that is contained within, flows through, or borders on the Village of Briarcliff Manor. For the purpose of this chapter, any floodplain shall be considered to be a watercourse. S 131-5. Activities permitted by right. The following regulated activities are permitted, by right, in or upon a wetland, watercourse, or a buffer area thereto, except (i) where the Village Engineer submits written notification to the property owner that, in their sole judgement, an application and review for a permit may be required to assure that the intent of this chapter is not violated, or (ii) where such activity may be subject to, and has not yet received, any building permit, license, or approval that would otherwise be required if such activity occurred outside the wetland or buffer area: (1) Outdoor recreation where otherwise legally permitted, including nature study, hiking, horseback riding, swimming, skin diving, boating, and fishing. (2) Trapping, where legally permitted and when performed by a licensed authority. (3) Normal ground maintenance of existing landscaped areas and residential gardens without the use of synthetic fertilizers, pesticides and herbicides in any wetlands, including existing lawn areas, and trimming and removal of dead or diseased vegetation, or removal of invasive species. (4) Operation and maintenance of such dams and water control measures and devices, including retaining walls, terraces, sluices, and culverts, that were in existence on the effective date of this chapter, or are thereafter approved pursuant to the procedures provided for in this chapter. (5) lncidental removal of brush and trees, selective trimming and pruning in previously landscaped areas to improve the health or appearance of vegetation, provided no such activity would result in appreciable negative impact upon native vegetation, or cause erosion, runoff or drainage into any wetland or watercourse. Chapter 131 DRAFT for Discussion Purposes Only, Last Updated II|23/2O2O (6) Removal of less than three hundred (300) square feet of invasive species. (7 Public health activities required by orders or regulations of the State or County Department of Health. (8) Activities required by, and subject to the review jurisdiction of, the State Public Service Commission or the New York State Board on Electric Generation Siting and the Environment under Article Vll or Article Vlll of the State Public Service Law, respectively. The standards and restrictions of this chapter will be applied by said bodies in determining whether to issue a certificate of environmental compatibility and public need under such articles. (e) Minor restoration of land elevations that have been altered by erosion or storm damage, provided that (i) the total amount of material relocated or added does not exceed fifteen (15) cubic yards and (ii) such restoration does not increase the restriction of flood flows, (iii) such grade modification does not result in further erosion, and (iv) the vegetative cover of the area will be restored. Prior to undertaking any such restoration requiring the movement of more than fifteen (15) cubic yards of soil or ground cover, the property owner must provide notification, including sufficient descriptive information, to the Village Engineer to evaluate the work for compliance with the limitations and regulations of this chapter. (10) Repair of existing fences, walkways, walls, decks, porches, or other existing site appurtenances. (1 1) Repairs, sealing, and repaving existing impervious surfaces, driveways, drives that provide access from a public street to a private property. (12) Maintenance of existing drainage channels where impediment of flow may cause flooding or threaten public safety on roadways, structures, or other properties. (13) Use of organic herbicides, pesticides or fertilizers in a buffer area in accordance with man ufacturers' recommendations and accepted horticultural practices. (14) Decorative planting in a buffer area, excluding the planting of any invasive species. (15) ln situ repair, renovation or maintenance of any legally authorized structure existing prior to the adoption of this chapter, including any structure, accessory structure, swimming pool or sports court, pipes, wells, service lines, conduits, cables, or any other constructed facility within a wetland, watercourse, or adjacent buffer area that does not disturb the soil, hydrology or existing vegetation. (16) Any actual and ongoing emergency activity, as determined by the Village Engineer, that is immediately necessary for the protection and preservation of life or property. S131-6. Activities requiring approval of the Village Engineer. The following regulated activities may be permitted in or upon a wetland, watercourse, or buffer after application to, and pursuant to terms and conditions of, any permit approved and issued by the Village Engineer and consistent with the requirements and purposes of this chapter, except that such Village Engineer approval shall not be required where the activity is conducted pursuant to terms and conditions of a permit previously issued by the Planning Board. A. Activities permissible by Village Engineer within or upon a wetland/watercourse or buffer Chapter 131 DRAFT for Discussion Purposes Only, Last Updated L1,/23/2O2O (1) Construction of dry-laid stone walls, containing no mortar or cement, where the wall is designed to permit the passage of small animals by permitting openings at fifteen-foot intervals at least six (6) inches in height above ground level and twelve (12) inches in length, and where the construction of said wall will not inhibit or alter the natural drainage flow or cause the blocking or damming of surface water. (2) Repair or reconstruction of sewage disposal facilities, provided that such repairs and maintenance are in kind and in situ replacement or repair of broken, damaged or worn wastewater treatment system components. (3) Fences without mesh, provided: (a) No fence post is to be placed in the streambed or within three feet from the edge of the stream; (b) The bottom of the fence is to be no lower than twelve (12) inches above seasonal high water of the stream; and (c) No grading is required for installation. (4) Field changes to unexpired permits issued by the Planning Board. (5) Restoring land elevations that have been altered by erosion or storm damage where the total amount of material relocated or added exceeds fifteen (15) cubic yards but does not exceed one hundred and fifty (150) cubic yards and such restoration has no negative impact on flood flows. (6) Repair, or replacement in situ, of any existing septic tank or maintenance of any septic leaching field located within the regulated wetland or adjacent buffer area, provided there is no additional impact on flood flows. (7) Farming activities, such as grazing and watering livestock, making reasonable use of water resources, harvesting natural products of wetlands or buffer areas, selective cutting of timber, draining land or wetlands for growing agricultural products. (8) Removal of no more than three hundred (300) square feet of invasive species. Such removal shall be associated with a management, soil erosion and sediment control, and revegetation plan. (e) lnstallation of a generator, subject to all other applicable regulations. (10) Routine skimming or dredging of any water body, without the use of any powered equipment, as part of regular maintenance or decontamination intended to preserve the natural benefits of such water body, provided that no more than twenty-five (25) cubic yards of material is to be removed from the water body. Nothing herein shall supersede any permitting requirements required for dredging or skimming a water body regulated or protected by the New York State Department of Environmental Conservation, or any other relevant governmental authority. (1 1) Consideration of the first renewal of a wetlands permit or an extension thereof for one year or less, provided: (a) The application for renewal or extension was filed prior to expiration of the permit; (b) The original permit application was not the result of a notice of violation; and (c) The applicable conditions of the permit have been met. (d) The application extension fee has been paid. Chapter 13L DRAFT for Discussion Purposes Only, Last Updated LI/23/2O2O (12) Any othenvise permitted activities within the buffer area where the applicant demonstrates, to the satisfaction of the Village Engineer, that there will be no direct or indirect impact associated with the activity, and where the total project cost is estimated to be less than $15,000, and where such activity does not require Planning Board approval as per S131-7C. B. Activities permissible by Village Engineer located within the buffer area beyond the first (50) feet of a wetland/watercourse. (1) Construction of patios, decks or porches with a total footprint no greater than two hundred (200) square feet where no portion of which shall be located within the first fifty (50) feet of a wetland buffer, and provided that no grading is required for their construction other than for posts or footings. (2) Single-story movable sheds, without foundation or footings, with a footprint of one hundred and fifty (150) square feet or less, provided: (a) Such sheds are not used for the storage of gasoline, oil, pesticides or other chemicals or toxic substances or any tools, machinery or equipment which use any such substances; and (b) No grading is required for installation. (3) lnstallation of swings, swimming pools, and other playground equipment associated with a one- or two-family dwelling or multiple single-family dwellings (such as townhouses). Where such pools are designed for a water depth of less than24 inches and are installed entirely above ground; S131-7 . Activities requiring approval of the Planning Board. The following regulated activities may be permitted in or upon a wetland, watercourse, or a buffer area only after application to, approval by and subject to the terms and conditions and mitigation specified by the Planning Board as a part of a subdivision application, a site development plan application, or an application for permit submitted pursuant to the procedure set forth in $ 131-8, and consistent with the requirements and purposes of this chapter. A. Activities permissible by the Planning Board in or upon a wetland/watercourse, or a buffer area. (1) Any activity listed in S 131-G that may be approvable by the Village Engineer. (2) Any activity normally permitted by right under S 131-5, or requiring Village Engineer approval as set forth in S 131-6, where the Planning Board notifies the property owner in writing of its intent to assume jurisdiction in furtherance of the purposes of this chapter. (3) Draining, dredging, dewatering, excavation or removal of material, either directly or indirectly, from streams, ponds, or other water bodies within the Village, where such activities may maintain or improve the functions and benefits of the wetland, watercourse or buffer area and may (i) remove more than twenty-five (25) cubic yards of material; or (ii) require the use of powered equipment. (4) Dumping, filling or depositing of material, either directly or indirectly, in excess of one hundred and fifty (150) cubic yards, or of any amount that may maintain or improve the functions and benefits of the wetland, watercourse or buffer area. (5) Alteration or grading of natural features and contours, alteration of drainage conditions or diversion of any flow of a watercourse, water body, marsh or swamp, to the extent such alterations and grading do not create flooding or any negative environmental Chapter 131 DRAFT for Discussion Purposes Only, Last Updated 1,1,123/2020 impacts on the property or neighboring properties, where such activities may maintain or improve the functions and benefits of the wetland, watercourse or buffer area. (6) Construction of docks, dams and water control measures and devices, pilings or bridges, whether or not they change the ebb and flow of the water. (7) lnstallation or relocation of any privately-owned utility lines, service lines, cable conduits, pipes or wells. (8) Construction of pervious or impervious driveways or roads, but only where no alternative access can be provided outside of a wetland, watercourse and/or buffer area. (9) The cutting or removal of any healthy plant, or the removal (by non-mechanical and non-chemical means) of invasive species exceeding the limits of approval of the Village Engineer. (10) Depositing or introducing synthetic chemicals including but not limited to fertilizers, pesticides, herbicides and fungicides. (1 1) Any other activity that potentially impairs any of the functions or benefits of wetlands and watercourses as described herein. B. Activities permissible by the Planning Board located within the buffer area , but only beyond the first (50) feet of a wetland/watercourse. (1) Placement or construction of any accessory structure, swimming pool or sports court. The foregoing shall include, without limitation: (a) Any related storage or stockpiling of construction materials, use of equipment or machinery or other construction activity; (b) Renovations or alterations to existing improvements which increase the impervious surface or areal extent of such improvements including walls, driveways, drives or other improvements. (2) lnstallation of any scptic tank or scptic lcaching ficld locatcd within a wctland, watercourse, or buffer area, provided there is no alternative outside of these regulated areas. (3) Additional or alterations, including modifications or expansion of the footprint thereof, of any legal pre-existing structure, but only where the Planning Board confirms such alteration would be consistent with the intent of this chapter and would conform to the burden of proof requirements of $ 131-9 A. S 131-8. Application process. A. Completed applications for permits to conduct any regulated activities under S 131- 68 or C shall be submitted to the Building Department, in sufficient copies as determined by the Building Department, for review by the Village Engineer or for referralto the Planning Board, and shall include the following: (1) Name, address, email and telephone number of property owner and, if different, applicant, and relationship (owner, lessee, licensee, etc.) of applicant to owner. lf applicant is not the owner of record, the written consent of the owner must be attached. (2) Street address and Village tax map designation of the property covered by the application. Chapter 13L DRAFT for Discussion Purposes Only, Last Updated L7/23/2O2O (3) Statement of the specific purpose, nature and scope of the activity proposed. (4) Property owner's permission to allow authorized Village personnel, including Planning Board, to visit the site for review and ongoing compliance. (5) A site-specific field delineation by a qualified professional, indicating the location of allwetlands and watercourses on the property. Delineations shall include NYSDEC regulated wetlands, including any wetlands wholly or partially within the boundaries of the Village of Briarcliff Manor that meet the criteria for wetlands under federal standards and this chapter. Delineation of wetland buffer areas shall include one hundred feet for allwetlands and watercourses. Under no circumstances shall published NYSDEC or any other wetland map as described above be used as a substitute for on-site visits and field delineation. The written wetlands report should include site description, photos, wetland delineation methodology, soiltype, vegetative cover, and site hydrology with attached sketch of wetland boundary as marked in the field. The Approving Authority shall have power to invoke technical review by a qualified professional, at the applicant's sole cost and expense, of any field delineation and wetlands report. (6) Detailed plans for the proposed regulated activities drawn to a scale of not less than one-inch equals thirty (30) feet, unless otherwise specified by the Approving Authority, all plans shall be certified by an engineer, architect, land surveyor or landscape architect licensed in the State of New York, and include the following: (a) The location of all wetlands and watercourses as determined by a qualified professional existing no less recently than twelve (12) months prior to the date of filing the application. For any application requiring review by the Planning Board, applicant shall cause to have all wetland and watercourse boundaries delineated by flags in preparation of a mandatory on-site review by members of the Planning Board. (b) Location of construction or area proposed to be disturbed and its relation to property lines, buildings, roads, wetlands and /watercourses within two hundred and fifty (250) feet. (c) Estimated quantities of material of excavation or fill. (d) Location and depth of any utilities, well, sewage or wastewater disposal system within one hundred (100) feet of the disturbed area. (e) Existing and adjusted contours at two-foot intervals in the proposed disturbed area and to one hundred (100) feet beyond. (f) Details of any drainage system proposed, both for the conduct of the work and after completion thereof and measures proposed to control erosion and siltation both during and after the work. The plan shall show a well-defined construction envelope marking the limit of site disturbance, designated stockpile areas, and parking areas for contractor vehicles, and shall identify the construction access and location for the anti-tracing pad. Methods and time table for site stabilization should be provided. (g) Where creation of a lake or pond or alteration of a wetland is proposed, details of the construction of any dams and water control measures and devices, embankments and outlets. The sediment dewatering site should be indicated and how the dredge spoils will be used and/or disposed. Sediment testing may be required for pond dredging. (h) A property location map. Chapter 131 DRAFTfoT Discussion Purposes Only, Last Updated 1,1,/2312020 (i) Where the existing septic system on the property is in wetlands or wetland buffer, provide evidence of periodic cleaning within the previous two years. 0) An appropriate mitigation plan, as may be further defined at the request of the Approving Authority. (k) Other necessary details as may be requested by the Approving Authority. (6) Applications affecting water retention capability, water flow or other drainage characteristics of any wetland shall include a statement prepared by a professional engineer licensed in the State of New York of the impact on upstream and downstream watersheds, projected impacts from rainfall intensity for not less than ten-year return frequency, together with approximate runoff coefficients, to determine the capacity and size of any channel sections, pipes or waterway openings, necessary bridges, culverts, stormwater or pipe drains that, in the opinion of the approving authority, are needed to arrive at a proper determination on the application, consistent with the purposes of this chapter. (7) A stormwater pollution prevention plan (SWPPP), (a) if required, consistent with Chapter 184, Article l, Stormwater Management and Erosion and Sediment Control; or, (b) the exemptions of Chapter 184-4 notwithstanding, if warranted, based on the sole discretion of the Approving Authority. (8) Copies of all applicable Town, County, State or Federal permits or permit applications which are required for such work or improvement, unless such permits are conditioned upon obtaining a permit under this chapter. (9) Application fees, including engineering and inspection fees and, if required, advanced funding of any required escrow account for application review, as set forth in the Master Fee Schedule as approved by the Village Board of Trustees. (10) Notification of application Proof of notification by certified mail to all abutting property owners and to all owners of the property situated directly across a street from the subject property, and any other property owners as the Approving Authority may determine. The applicant shall be responsible for the cost of publication and delivery of such notice. Such notice shall include plain-language description of the proposed application. (1 1) The Village Engineer may limit or waive any of the above required submissions for any application that does not require referral to the Planning Board if he is satisfied that the proposed activity is within his approval authority and meets all conditions for approval under this chapter. S 131-9. Application review. A. Burden of proof. The applicant shall have the burden of proof with regard to the required findings set forth below. No permit shall be approved by the Approving Authority under this chapter unless the Approving Authority finds that all three of the following conditions have been met: (1) Approval of the regulated activity is consistent with the policy of this law to preserve, protect and also conserve wetlands, watercourses, and buffer areas, and the benefits derived therefrom, to prevent the despoliation and destruction of wetlands, watercourses, and buffer areas, and to regulate the development of such wetlands, watercourses, and buffer areas in order to secure the natural benefits derived therefrom as enumerated in $131-3. Chapter 131 DRAFT for Discussion Purposes Only, Last Updated 11,/2312020 (2) There is no prudent and feasible alternative for the regulated activity on a site which is not a wetland, watercourse, or buffer area, or which cannot practicably be relocated on the site so as to eliminate or reduce the intrusion into the wetland, watercourse, and buffer areas. A prudent and feasible alternative is one that is both available to the applicant and capable of fulfilling the overall purpose of the project, such that the alternative is obtainable and feasible, in terms of reasonable costs, existing technology and best available measures, proposed use and project purpose. (3) Denial of the application would cause the applicant to suffer undue hardship. B Disposition by Village Engineer. The Planning Board, at its discretion, may waive its power of review and approval in cases where the Planning Board determines that the proposed nature or scope of such regulated activity is such that the application should be handled administratively by the Village Engineer. ln such cases, the Planning Board shall direct the Village Engineer to decide the matter in accordance with the normal administrative procedures for applications submitted pursuant to the requirements of $131-8 of this chapter. c Public hearings and notice. Any review by the Planning Board pursuant to this chapter that may require a public hearing may hold such public hearing contemporaneously with the public hearings of any associated subdivision or site development plan application. Within sixty-two (62) days of the closing of the public hearing held in consideration thereof, the Planning Board shall render a decision to approve, approve with modifications or conditions, or disapprove the issuance of a permit for the proposed activity. D Pending condemnation. A duly filed notice in writing to any Approving Authority that the State of New York or any agency or subdivision thereof is in the process of acquiring, by condemnation or negotiation, any affected wetland, watercourse, or adjacent buffer area shall be sufficient basis for denying a permit for an activity proposed to be located on such wetland or watercourse or adjacent buffer area. S 131-10. Determination of impact; denial of permit; referrals; conditions. A. ln approving, denying or conditioning any permit, the Approving Authority shall evaluate the application with reference to the protection or enhancement of the functions and value of the affected wetlands, watercourses, and buffer areas and the benefits they provide, which are generally described in $ 131-3. Factors to be considered when evaluating an application shall include, but are not limited to: (1) The proposed regulated activity is consistent with the declaration of policy and findings of this chapter. (2) The potential direct and indirect impacts of any regulated activity on neighboring land use and wetlands, watercourses, and buffer area functions, which may include, but are not limited to: (a) Filling of wetlands or other modification of natural topographic contours. (b) Dlsturbance or destructlon of natural flora and fauna. (c) lnflux of sediments or other materials causing increased water turbidity or downstream siltation. (d) Reduction in wetlands groundwater or surface water supply (e) lnterference with wetlands water circulation. Chapter 131 DRAFT for Discussion Purposes Only, Last Updated 77/23/2020 (f) A damaging reduction or increase in nutrients to a wetland, watercourse, or buffer area. (g) lnflux of toxic chemicals and/or heavy metals. (h) Damaging thermal changes in the wetlands, watercourses, or buffer area's water supply. (i) Destruction of natural aesthetic values. (3) Any impacts of any proposed regulated activity on existing wetlands, watercourses, and buffer areas, and the cumulative effect when combining reasonably anticipated future activities, in or near the freshwater wetlands, watercourses, and their buffers. (4) There are no prudent and feasible alternatives to the proposed regulated activity, and there is no practicable alternate site for the proposed regulated activity in another area of the subject area that is not a wetland, watercourse, or buffer area. (5) The proposed regulated activity will not have any deleterious effect on the health, safety or welfare of the residents of Briarcliff Manor or its neighboring communities. (6) The proposed regulated activity has adequate safeguards for the protection and preservation of the environment and for the proper maintenance of any wetlands and watercourses and the natural functions of and the benefits derived from such areas. (7) The proposed regulated activity has adequate safeguards employing the best available technology to protect the potable fresh surface and ground water supplies of the Village from drought, pollution, overuse and other forms of misuse. (8) The proposed regulated activity has been planned, designed or constructed so as to create minimal disturbance; to prevent or mitigate damage from erosion, turbidity or siltation; to preserve the natural flora and fauna and their habitat; to protect against flood and pollution of the wetlands affected; and to minimize disturbance to floodplains and other flood-prone areas. (e) Any additional information as contained in: (a) Any statements or comments offered at or before any public hearing. (b) Any report from other Briarcliff Manor boards and agencies and/or federal, state or other local governmental agencies. (c) Any additional requested information. B The Approving Authority shall deny a permit if the applicant fails to demonstrate that any direct and indirect impacts have been eliminated, or minimized, to the maximum extent practicable; and that application approval shall not (i) threaten the public health, safety orwelfare; (ii) impair public rights to the enjoyment and use of public lands and waters; (iii) threaten a rare or endangered plant or animal species; (iv) maintain, enhance, or cause the least possible damage, encroachment or interference with the natural resources or functions of the wetland, watercourse and buffer areas; and (v) result in impediment or degradation of existing flood flows, all of which are consistent with the purposes and requirements of this chapter. c Referrals may be made to environmental consultants, the Briarcliff Manor Conservation Advisory Council and/or to the Westchester County Soil and Water Conservation District, as appropriate, to assist the Approving Authority in evaluating potential impacts of the proposed regulated activity. Chapter 131 DRAFT for Discussion Purposes Only, Last Updated 1,1,/23/2020 D. ln consideration of applications, the Approving Authority is authorized to attach reasonable conditions intended to minimize the overall impact of the activity on any nearby freshwater wetlands or neighboring properties. E. lf the Approving Authority determines that impacts to wetlands, watercourses, or a buffer area are necessary and unavoidable and have been minimized to the maximum extent practicable, the Approving Authority may require the applicant to develop a mitigation plan for additional consideration, consistent with the then current New York State Stormwater Management Design Manual, or a similar successor document, and include, if appropriate, the creation of replacement wetlands, which may be larger in area than the original wetlands they are replacing, to recreate as nearly as possible the original wetlands in terms of type, functions and setting, enhance the existing wetland, watercourse, and buffer area. F. ln the consideration of applications for subdivisions and for nonresidential construction, the Planning Board may require creation and ongoing, continual maintenance of natural vegetation within the wetlands, watercoLrrses, and buffer areas as a condition of approval for such application. G. The Approving Authority may impose such conditions or deadlines on the proposed regulated activity to ensure compliance with the intent of this chapter, including the required posting of cash or performance bond or similar guarantee, or payment to hire a qualified inspector to monitor or evaluate any project construction, implementation or maintenance. H. Such Approving Authority approval, terms and conditions are to be given and imposed so as to enhance or cause the least possible damage, encroachment or interference with the natural resources or functions of the wetlands, watercourses, and buffer areas and consistent with the purposes of this chapter: S 131-11. Fees. After the granting of any permit herein, and as a condition for the issuance thereof, the applicant shall pay the associated fees as shall be set forth by resolution of the Village Board of Trustees and published in the Master Fee Schedule. S 131 -12. Expiration, renewal and transfer of permits. A. Permit Expiration. All permits granted hereunder, unless otherwise indicated, shall expire on completion of the project specified or, unless otherwise indicated, shall be valid for a period of three years from date of issuance, whichever occurs sooner. B. Permit renewal. Upon written request of the applicant and payment of a permit extension fee, the Village Engineer may renew a permit for a period of one year, if authorized by the Approving Authority. C. Transfer of permits. Permits may be transferred to new legal owners of the affected property so long as the conditions and plans as approved remain unchanged. Notice of such transfer of permit must be filed with the Village Engineer within 30 days of the transfer. S 131-13. Penalties for offenses. A. The Building Department may serve a written notice of violation upon a property owner by personal delivery, or by posting such notice in a conspicuous place upon the property affected, and suspend any permit issued pursuant to this chapter, if the property owner (i) has not complied with any or all terms of such permit; (ii) has exceeded the authority granted Chapter 131 DRAFT for Discussion Purposes Only, Last Updated 1,1,/23/2020 in the permit; (iii) has failed to undertake the project in the manner set forth in the application; or (iv) has otherwise violated any provision of this chapter. lf the property owner fails to cure all violations to the satisfaction of the Village Engineer, or fails, neglects, or refuses to comply with the notice of violation within 30 days of service of such notice of violation, any permit previously granted hereunder shall be revoked, and the property owner shall be subject to the civil and criminal penalties below. B. Any person who (i) undertakes any prohibited activity within a wetlands or wetlands buffer without a permit or (ii) violates, disobeys or disregards any notice of violation as provided for in $ 131-13 A, shall be liable for a civil penalty not to exceed $3,000 for every such violation. Each consecutive day of the violation will be considered a separate offense. Before assessment of the civil penalty, the alleged violator shall be afforded a hearing before the Planning Board, upon due notice of the specific charges alleged, and with the right of representation by counsel. Such civil penalty may be recovered in an action brought by the Village in any court of competent jurisdiction. Such civil penalty may be released or compromised by the Village, and any action commenced to recover the same may be settled and discontinued by the Village. c ln addition to the above civil penalty, any person who violates any provision of this chapter shall be guilty of a violation punishable by a fine of not less than $500 nor more than $1,000. For a second and each subsequent offense, the violator shall be guilty of a violation punishable by a fine of not less than $1,000 nor more than $2,000 or a term of imprisonment of not more than 15 days, or both. Each offense shall be a separate and distinct offense, and, in the case of a continuing offense, each day's continuance thereof shall be deemed a separate and distinct offense. D The Planning Board or any court of competent jurisdiction shall also have the power, following a hearing, to direct a violator to cease violation of this chapter and, under the Board's supervision, to restore satisfactorily the affected wetlands/ watercourse and/or buffer area to its condition prior to the violation, insofar as that is possible, within a reasonable time. Exercising of such power may be with or without the imposition of a fine or civil penalty under Subsections B and C hereof. E The Village shall have the right to seek equitable relief to restrain any violation or threatened violation of any provision of this chapter and to compel the restoration of the affected wetlands or wetlands buffer to its condition prior to the violation of the provisions of this chapter. F The Village Engineer, or his designee, is hereby authorized to issue appearance tickets and summonses for violations of this chapter. S 131 -14. Appeals; Judicial Review. A. An applicant may appeal any decision of the Village Engineer by applying to the Planning Board within 30 days after the decision of the Village Engineer. B. An applicant may appeal any decision of the Planning Board by commencing an action pursuarrt to Arlicle 78 of the Civil Practice Law and Rules within 30 days after the date the decision of the Planning Board is filed with the Village Clerk. S 1 31-15. Repealer. Chapter 131 DRAFT for Discussion Purposes Only. Last Updated 7U23/2O2O This law repeals and replaces Local Law No. 2-2015 enacted January 21, 2015, and Local Law No. 1-1973, enacted February8, 1973.  Village Board of Trustees Special Meeting December 8,2020 6:30 p.m. A Special Meeting of the Board of Trustees of the Village of Briarcliff Manor, New York was held remotely via Zoom on the 8th of December , 2020 commencing at 6:30 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 Lori Lee Dickson, Acting Village Attorney Christine Dennett, Village Clerk David Turiano, Village Engineer Pledse of Alleqiance B Zone Presentation - Patrick Clearv Patrick Cleary, Consultant for the Village, gave a presentation on the CT Zone proposal. The Board discussed the steps to move the process fonruard. Elizabeth Harding Weinstein stated she was concerned with the propedy not being allowed to be developed as residential. Continuation of Public Hearino - Omnibus - Chapter 172 "Sions". Chaoter 195 "Taxation" with regard to Article I thereof entitled Business lnvestment Exemotion and Chaoter 22O "Zonins" with reqard to the establishment of CT Zones i the Villaqe Deputy Mayor Chatzky gave a brief synopsis the proposed changes. Upon motion by Deputy Mayor Chatzky, seconded by Trustee Werner, the Board voted unanimously to adjourn the Public Hearing to December 15, 2020. Roll Call Trustee Hunt Aye 1 Trustee Werner Aye Trustee Midgley Aye Deputy Mayor Chatzky Aye Mayor Vescio Aye Continuation of Public Hearinq - Ghapter 220-10 - Residential Townhouses RT4B Deputy Mayor Chatzky gave a brief synopsis the proposed changes Mr. Roger Battacharia of 16 Holbrook Road thanked the Board for all the hard work they put in. 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 Upon motion by Deputy Mayor Chatzky, seconded by Trustee Werner, the Board voted unanimously to approve the following resolution: BE lT RESOLVED that the proposed local law amending Chapter 220-10 Residential Townhouses RT4B 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 . Sign up for the Village Manager's Report on the website www. briarcliffmanor.orq o Join the Fire and Ambulance Department. Villaqe Manaqer's Report bv Villaqe Manaqer Zeqarelli a No report 2 Police Outreach Report o The PBA is holding their annual toy and coat drive. o Police Reform Committee is meeting bi-monthly and the next meeting is Monday, December 21st at 7pm. Villaqe Engineer's Report bv Village Engineer Turiano o Village Hall ADA: ls out to bid and due back December 17th Committee Reports Beautification Committee: . No report. Recreation Advisorv Commiftee: . The Historical Society is doing a scavenger hunt Library Board: a Curbside pickup is available Public Gomments Ms. Elizabeth Harding Weinstein of 180 River Road stated the Village Offices and Police Department could not be closed to the public. Mayor Vescio stated precautions were being taken to keep staff and residents safe but services were ongoing. Annual Audit Report for FY 2019-2020 - PKF O'Connor Davies Mr. Chris Kopf, Ms. Melissa Szot and Mr. Jeff Shaver reviewed the Financial Statement for Fiscal Year 2019-2020. Budqet Transfers - Capital Proiects Upon motion by Trustee Werner, seconded by Deputy Mayor Chatzky, the Board voted unanimously to approve the following resolution: BE lT RESOLVED that the Board of Trustees does hereby authorize the following budget transfers for FY 2020-2021: From H8397-201-19216 Drainage2020-2020Bond $ 140,859.78 H8397-201-19227 Hazmat Long Hill*2020 Bond 102,000.00 H8397-201-19228 Dalmeny Pump Demo-2020 Bond 78,234.75 H8397-201-15270 Elm Pine Drainage-FWSRes$ 71 ,596.19 H8397-201-21200 Steel Building Phase 2 81,910.64 H8397-103-PPVM6* Club Phase 44. Water and Sewer 20,817.14 _l To: H8397-201 -1 8205 Hydrants/Requa Union Main $ 143,709.67 H8397-201-18206 Steel Building Phase I 100,000.00 H8397-201 -17245 Requa/Union Design 97,001.28 H8397-201-18202 Faulty Valve Replacement 92,956.55 H8397-201-3Viil Tri-Village Meter Building & Sys 61,751.00 *Reverses BOT Resolution 10/6 to transfer PPVMO remaining funds to Debt Service. Roll Call Trustee Hunt Aye Trustee Werner Aye Trustee Midgley Aye Deputy Mayor Chatzky Aye Mayor Vescio Aye Declaration of lntent to Reimburse Gertain Expenditures from Proceeds of lndebtedness Upon motion by Deputy Mayor Chatzky, seconded by Trustee Werner, the Board voted unanimously to approve the following resolution: WHEREAS, the Village of Briarcliff Manor, County of Westchester, State of New York (the "lssuer") intends to finance certain projects as further described in Exhibit A attached (collectively, the "Projects"); WHEREAS, the Issuer expects to pay certain expenditures (the "Reimbursement Expenditures") in connection with the Projects prior to the issuance of indebtedness for the purpose of financing costs associated with the Projects on a long-term basis; WHEREAS, the lssuer reasonably expects that debt obligations in an amount not expected to exceed $310,000 will be issued and that certain of the proceeds of such debt obligations will be used to reimburse the Reimbursement Expenditures; and WHEREAS, Section 1150-2 of the Treasury Regulations requires the lssuer to declare its reasonable official intent to reimburse prior expenditures for the Projects with proceeds of a subsequent borrowing; NOW, THEREFORE, the lssuer declares 4  Section 1. The lssuer finds and determines that the foregoing recitals are true and correct. Section 2. This declaration is made solely for purposes of establishing compliance with the requirements of Section 1.150-2 of the Treasury Regulations. This declaration does not bind the lssuer to make any expenditure, incur any indebtedness, or proceed with the Projects. Section 3. The lssuer hereby declares its official intent to use proceeds of indebtedness to reimburse itself for Reimbursement Expenditures. Section 4. This declaration shall take effect from and after its adoption The undersigned, Clerk of the lssuer, hereby certifies that the foregoing is a full, true and correct copy of the declaration of the Board of said lssuer duly made at a meeting thereof held on the date specified below, and that said declaration has not been amended, modified or revoked by said Board. Exhibit A Capital Projects 1. Village Water lmprovements $250,000 2. Village Building lmprovements $60,000 Roll Call: Trustee Hunt Aye Trustee Werner Aye Trustee Midgley Aye Deputy Mayor Chatzky Aye Mayor Vescio Aye Minutes Upon motion by Deputy Mayor Chatzky, seconded by Trustee Hunt, the Board voted unanimously to approve the minutes of November 24,2020. Adiournment Mayor Vescio commended the Board of Trustees for all the hard work and dedication as well as Village Staff. Upon motion by Deputy Mayor Chatzky, seconded by Trustee Werner, the Board voted unanimously to adjourn the Regular Meeting at B:03pm. 5 Respectfully Submitted By, Christine Dennett Village Clerk 6  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 1Sth 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 Pledqe of Alleqiance Swearing in of Police Officer Yeager Mayor Vescio swore in Police Officer Yeager SEQR Nesative Declaration Complimentarv Use Transition CT1-CTS Zonins 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, andtheOfficial Zoning Map; and WHEREAS, the amendments would affect 5 underutilized or vacant office park sites, identified as 345 Scarboror-rgh 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-s - 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 lnvolved Agencies, and no objections were received during the required 30-day circulation period. NOW THEREFORE BE lT 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 lT 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 lT FINALLY RESOLVED that this SEQR Negative Declaration resolution shall have an effective date of December 1 5,2020. Roll Call Trustee Hunt Aye Trustee Werner Aye Trustee Midgley Aye Deputy Mayor Chatzky Aye Mayor Vescio Aye Gontinuation of Public Hearing - Omnibus - Chapter 172 "Siqns". Chapter 195 "Taxation" with reqard to Article I thereof entitled Business lnvestment 2 Exemption and Chapter 220 "Zoninq" with reqard to the establishment of CT Zones in the Villase 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 Chakky Aye Mayor Vescio Aye Upon motion by Deputy Mayor Chatzky, seconded by Trustee Werner, the Board voted unanimously to approve the following resolution: BE lT RESOLVED that the proposed local law to amend Chapter 172, "Signs, Chapter 195 "Taxation" with regard to Article I thereof entitled "Business lnvestment 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 Hearinq - Ghapter 131, Freshwater Wetlands Deputy Mayor Chatzky gave a brief synopsis the proposed changes -l 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 lngham 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 ol70 Old Sleepy Hollow Road stated the property next door to theirs was beautiful and the law should be more restrictive. 4 Ms. Kim lzzarelli 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 watenryays 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 Hearinq - 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 lT RESOLVED that the proposed local law to amend Chapter 1, General Provisions, Article l. 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 o The Library has many virtual programs and curbside pickup available. Visit their website for more information. o 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. Villase Manaqer's Report Pv Villaqe Manaqer Zeqarelli o 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. o Village Taxes are due by December 31st. o Court is fully remote again. o A reminder that hunting is not permitted on Village land. Police Outreach Report The PBA is holding their annual toy and coat drive. a 9pm Routine. Make sure your cars and doors are locked and no valuables are left it the car. Villaqe Enqineer's Report bv Villaqe Enqineer Turiano o There is progress with cross access easements along Pleasantville Road. lt will create connectivity with parking. . Several mixed use development projects are before the Planning Board. o Village HallADA: ls out to bid and due back December 17th. o The Tuttle Road bid will be out shortly. 6 Gommiftee Reports Beautifi cation Gommittee: . No report. Recreation Advisorv Gommittee: a There are several virtual events planned a The next meeting is January 20th. Librarv Board: a 2,390 books were picked up in the month of November. o A survey is being done regarding the interests of the users Public Comments There were no public comments. Acceptance of Donation - Friends of the Librarv Upon motion by Deputy Mayor Chatzky, seconded by Trustee Hunt, the Board voted unanimously to approve the following resolution as amended: BE lT RESOLVED, that the Board of Trustees hereby accepts a donation in the amount of $582.95 from the Friends of Briarcliff Manor Public Library, lnc for the purposes of purchasing non-western books and to amend the 20121 Budget as proposed below: lncrease Library Fund Revenue - Special Rev, Gifts, Donations (L01 08.2705) by $582. 95 lncrease Library Fund Expense - Special Matching Expenses (101 08.2705) by $582.95 Roll Call: Trustee Hunt Aye Trustee Werner Aye Trustee Midgley Aye Deputy Mayor Chatzky Aye Mayor Vescio Aye Budset Amendment Upon motion by Deputy Mayor Chatzky, seconded by Trustee Hunt, the Board voted unanimously to approve the following resolution as amended: 7 BE lT RESOLVED that the budget for fiscal year 2020-2021 is hereby amended as follows: CABLE PEG PAYMENT Increase Revenue H0101 .2770 $16,508 lncrease Expense H1230.201 .1sPEG $16,509 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 lT RESOLVED that the Board of Trustees does hereby amend the Master Fee Schedule for the Village of Briarcliff Manor as follows: Recreation Fees: for newlv created dwellinq 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 I Upon motion by Trustee Hunt, seconded by Deputy Mayor Chatzky, the Board voted unanimously to approve the following resolution: BE lT 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 lT 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 Budqet Transfer Upon motion by Deputy Mayor Chatzky, seconded by Trustee Werner, the Board voted unanimously to approve the following resolution: BE lT RESOLVED that the Board of Trustees does hereby establish a Capital Reserve for Fire Department Capital Equipment: GL Codes: Balance Sheet: A.OB78.FDRS FD Capital Reserves Expense: 43410.201.FDRS FD Capital Reserves Roll Call Trustee Hunt Aye Trustee Werner Aye Trustee Midgley Aye Deputy Mayor Chatzky Aye Mayor Vescio Aye Police Reform Advisorv 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. Adiournment 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