Mayor & Board of Trustees

Village Board of Trustees Regular Meeting September 28, 2021 7:30 p.m. A Regular Meeting of the Board of Trustees of the Village of Briarcliff Manor, New York was held at the William J. Vescio Community Center on the 28th of September, 2021 commencing at 7:30 p.m. Present Steven A. Vescio, Mayor Peter S. Chatzky, Deputy Mayor Kevin Hunt, Trustee Edward E. Midgley, Trustee Also Present Philip Zegarelli, Village Manager Christine Dennett, Village Clerk David Turiano, Village Engineer Absent Sabine Werner, Trustee Dan Pozin, Village Attorney Pledge of Allegiance Continued Public Hearings Chapter 220-6 – Special Permit Uses, Solar Farms and Specialty Warehouses and Amend Chapter 220, Table 3, Permitted Principal and Accessory Uses (Commercial) and Chapter 220, Table 4, Permitted Lot Sizes, Setbacks, Height Requirements (Commercial) Deputy Mayor Chatzky gave a brief synopsis of the proposed changes. There were no public comments. Upon motion by Trustee Midgley, seconded by Deputy Mayor Chatzky, the Board voted unanimously to close the public hearing. Roll Call: Trustee Hunt Aye Trustee Midgley Aye Deputy Mayor Chatzky Aye 1 Mayor Vescio Aye Create a New Chapter 178, Solar and Alternative Energy Deputy Mayor Chatzky gave a brief synopsis of the proposed changes There were no public comments. Upon motion by Trustee Midgley, seconded by Deputy Mayor Chatzky, the Board voted unanimously to close the public hearing. Roll Call: Trustee Hunt Aye Trustee Midgley Aye Deputy Mayor Chatzky Aye Mayor Vescio Aye Amend Chapter 220-2, Definitions Deputy Mayor Chatzky gave a brief synopsis of the proposed changes There were no public comments. Upon motion by Deputy Mayor Chatzky, seconded by Trustee Hunt, the Board voted unanimously to close the public hearing. Roll Call: Trustee Hunt Aye Trustee Midgley Aye Deputy Mayor Chatzky Aye Mayor Vescio Aye Upon motion by Deputy Mayor Chatzky, seconded by Trustee Midgley, the Board voted unanimously to approve the following resolution: SEQRA NEGATIVE DECLARATION ZONING TEXT AMENDMENT WHEREAS, the Board of Trustees of the Village of Briarcliff Manor, Westchester County, New York, is considering amendments to Village Code Chapter 220- Zoning, Section 220-2 Definitions, Section 220-6 Special permit uses, Chapter 220 Table 3 Permitted Principal and Accessory Uses (Commercial), and Chapter 220 Table 4 Permitted Lot Sizes, 2 Setbacks, Height Requirements (Commercial), related to the regulation and addition of special permit uses within the Village’s residence districts (solar farms) and Complimentary Transition Use Districts (solar farms within all and specialty warehouse within CT2, CT4 and CT5). These amendments are collectively known as the “Amendments” or “Proposed Action”; and WHEREAS, pursuant to 6 NYCRR Part 617 the Project is classified as a Type I Action pursuant to 6 NYCRR Part 617.4(b)(2); and WEHERAS, as no other agency can act as the SEQR Lead Agency for this review, the Board of Trustees of the Village of Briarcliff Manor is the Lead Agency for the SEQR review of this Unlisted Action; and WHEREAS, the Board of Trustees of the Village of Briarcliff Manor reviewed a Full Environmental Assessment Form (Short EAF) Parts 1, 2 and 3 dated August 18, 2021. 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 the Proposed 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 Action will not have a significant adverse effect on the environment for the reasons enumerated in the attached Negative Declaration Form (Full EAF Part 3). BE IT FINALLY RESOLVED that this SEQR Negative Declaration resolution shall have an effective date of September 28, 2021. Roll Call: Trustee Hunt Aye Trustee Midgley Aye Deputy Mayor Chatzky Aye Mayor Vescio Aye 3 Upon motion by Deputy Mayor Chatzky, seconded by Trustee Hunt, the Board voted unanimously to approve the following resolutions: A. CHAPTER 220-6 – SOLAR FARMS AND SPECIALTY WAREHOUSES AND TABLES 3 AND 4 BE IT RESOLVED that the proposed local law to amend Chapter 220-6, Special Permit Uses, Solar Farms and Specialty Warehouses and Amend Chapter 220, Table 3, Permitted Principal and Accessory Uses (Commercial) and Chapter 220, Table 4, Permitted Lot Sizes, Setbacks, Height Requirements (Commercial) of the Code of the Village of Briarcliff Manor is hereby adopted. B. CHAPTER 178, SOLAR AND ALTERNATIVE ENERGY BE IT RESOLVED that a proposed local law to create a new Chapter 178, Solar and Alternative Energy of the Code of the Village of Briarcliff Manor is hereby adopted. C. CHAPTER 220-2, DEFINITIONS BE IT RESOLVED that a proposed local law to amend Chapter 220-2, Definitions of the Code of the Village of Briarcliff Manor is hereby adopted. Roll Call: Trustee Hunt Aye Trustee Midgley Aye Deputy Mayor Chatzky Aye Mayor Vescio Aye Create a New Chapter 142, Cannabis and Tobacco (formerly entitled “Marijuana”) Deputy Mayor Chatzky gave a brief synopsis of the proposed changes There were no public comments. Upon motion by Deputy Mayor Chatzky, seconded by Trustee Hunt, the Board voted unanimously to adjourn the public hearing to October 5, 2021. Roll Call: Trustee Hunt Aye Trustee Midgley Aye Deputy Mayor Chatzky Aye 4 Mayor Vescio Aye Special Use Permit Amendment – St. Theresa’s Church Village Engineer Turiano explained the proposed request. Ms. Julia Magliozza representing the Applicant thanked the Board. Upon motion by Deputy Mayor Chatzky, seconded by Trustee Hunt, the Board voted unanimously to close the public hearing. Roll Call: Trustee Hunt Aye Trustee Midgley Aye Deputy Mayor Chatzky Aye Mayor Vescio Aye Upon motion by Deputy Mayor Chatzky, seconded by Trustee Midgley, the Board voted unanimously to approve the following resolution: SPECIAL USE PERMIT AMENDMENT – ST. THERESA’S CHURCH AND SCHOOL RESOLUTION OF THE VILLAGE OF BRIARCLIFF MANOR BOARD OF TRUSTEES SPECIAL USE PERMIT AMENDMENT ADOPTED SEPTEMBER 28, 2021 ST. THERESA’S CATHOLIC CHURCH WHEREAS, by Resolution adopted October 3, 1996, the Board of Trustees of the Village of Briarcliff Manor issued to St. Theresa’s Catholic Church, 300 Dalmeny Road, Briarcliff Manor, New York, a Special Use Permit for its continued operation as a place of worship (the “Special Permit”), which Special Permit has been amended and renewed from time to time; and WHEREAS, St. Theresa’s has applied to the Village Board for an amendment to its special permit to allow Ecogy New York VII LLC (“Ecogy”) to install, own, and operate a community solar system comprised of roof mounted solar energy collectors on St. Theresa’s School for the benefit of St. Theresa’s Parish and the Archdiocese of New York, among others (the “Application”); and 5  WHEREAS, community solar systems are a permitted use in the R20B zoning district in which St. Theresa’s is located, subject to special permit; and WHEREAS, the Village Board referred the Application to the Planning Board of the Village for recommendation; and WHEREAS, on September 10, 2021, the Village Planning Board issued to the Village Board a memorandum in response to the referral which included the following recommendations: 1. “Additional clarification should be provided as to the adequate provision of access and pathways to the solar arrays per the requirements of the Codes of the State of New York and pursuant to Village Code Section 220-9.1C(1). In particular, adequate fall protection measures should be provided to ensure the health and safety of anyone needing to access the rooftops solar array. This should include tie-off points for people to attach to along the walkway to protect against falls.” 2. “A ‘Knox Box’ or equivalent should be provided at the AC equipment enclosure gate to facilitate fire department/emergency access.” (collectively, the “Planning Board Recommendations”); and WHEREAS, the Village Board opened a public hearing on September 14, 2021, to consider the Application at which time the public was afforded an opportunity to comment upon the Application; and WHEREAS, the public hearing was closed on September 28, 2021. NOW THEREFORE, BE IT RESOLVED THAT the Special Permit for St. Theresa’s Catholic Church is hereby amended to permit the installation, ownership, and operation of a community solar system as described herein and as detailed in the Application, on St. Theresa’s Church School located at 300 Dalmeny Road, Briarcliff Manor, New York; and BE IT FURTHER RESOLVED THAT the Applicant shall comply with the Planning Board recommendations set forth above as a condition to this Amended Special Permit approval to the satisfaction of the Village Engineer; and BE IT FURTHER RESOLOVED THAT the violation of any term or condition of the Special Permit shall place the Special Permit and any associated certificate of occupancy in jeopardy and subject to revocation by the Village; and 6  BE IT FURTHER RESOLVED THAT except as otherwise provided herein, all other terms and conditions of this Special Permit, as heretofore amended and/or renewed shall remain in full force and effect. Roll Call: Trustee Hunt Aye Trustee Midgley Aye Deputy Mayor Chatzky Aye Mayor Vescio Aye Board of Trustees Announcements  The Recreation Department has been relocated to the second floor of the Community Center due to the flood in their office.  Stash the Trash is scheduled for October 3rd.  A Medicare seminar is scheduled for October 7th.  There are several Recreation Programs available. Sign up for their E- News and visit their site for more information.  Platform Tennis and Pickleball Permits are available.  The Library has their hours and Fall programs posted on their website.  BMFD reminds all residents to be prepared for blackouts during storms and encouraged all to consider volunteering and join the Department.  There are a few vacancies on various Village Committees. Residents interested should email BOT@briarcliffmanor.org Village Manager’s Report by Village Manager Zegarelli  The Westchester County Mobile Shredder will be in the Village on October 9th.  Village wide paving will occur in October.  9pm routine. Lock your cars and homes!  School taxes are due September 30. Police Outreach Report  No report. Village Engineer’s Report  The cell tree at the Club is up.  The ADA project is progressing well with a targeted completion of October 31.  The Tuttle Road project has a targeted completion of October 31.  Streetscape Phase One has a targeted completion of October 31.  A Mobility Enhancement Grant submission deadline is September 29.  Building Department revenue is already at 73% a third of the way into the fiscal year. 7  A NYSERDA grant in the amount of $5,000 was awarded to the Village for a compost toilet. Committee Reports Beautification Committee:  No report. Recreation Advisory Committee:  RAC discussed having a small music and food spring/summer festival, perhaps in conjunction with the Chamber of Commerce.  Stay tuned for a photo contest in October in which residents can submit photographs of Scarborough Park.  The next meeting is scheduled for Thursday 10/21 at 7PM. Library Board:  No report. Public Comments There were no public comments. Acknowledgment of Retirement of Village Manager/Deputy Village Clerk/Deputy Registrar of Vital Statistics The Board acknowledged and thanked Phil Zegarelli for his over 12.5 years of service to the Village. Mobility Enhancement Central Business District Project a. Submission of Application and SEQRA The Board thanked everyone for getting the grant submission done so quickly. Upon motion by Deputy Mayor Chatzky, seconded by Trustee Hunt, the Board voted unanimously to approve the following resolution: RESOLUTION OF THE BOARD OF TRUSTEES AUTHORIZING SUBMISSION OF TRANSPORTATION ALTERNATIVES PROGRAM APPLICATION WHEREAS the Village of Briarcliff Manor is applying to the New York State Department of Transportation for a grant under the Transportation Alternatives Program for construction and construction inspection of the Village of Briarcliff Manor Mobility Enhancements - Central Business District project; and 8 WHEREAS preliminary cost estimates for construction and construction inspection total $3,806,583; and WHEREAS the Transportation Alternatives Program requires a local match of a minimum of 20% of the project cost. It also requires the Village to pay project expenses prior to submitting reimbursement requests to NYS Department of Transportation for the federal aid share; and WHEREAS the project has been assessed for environmental impacts (see attached Short Environmental Assessment Form) and is considered a Type II action under SEQRA requiring no further environmental review. NOW THEREFORE BE IT RESOLVED that the Board of Trustees of the Village of Briarcliff Manor hereby approves the project and authorizes the Village Engineer to submit an application for $3,045,266 in Transportation Alternatives Program grant funds and, upon approval of said request, commits to provide $761,317 in local funds for the required match. BE IT FURTHER RESOLVED that the Board of Trustees of the Village of Briarcliff Manor hereby authorizes the Village Engineer to sign all SEQRA documents on behalf of the Board of Trustees. Roll Call: Trustee Hunt Aye Trustee Midgley Aye Deputy Mayor Chatzky Aye Mayor Vescio Aye b. Easement Agreements Upon motion by Deputy Mayor Chatzky, seconded by Trustee Midgley, with one abstention by Mayor Vescio the Board voted to approve the following resolution: WHEREAS, the Village has authorized the submission of a Transportation Alternatives Program application for the proposed Mobility Enhancement Central Business District Project (the “Project”); and WHEREAS, the Village requires certain area property owners to provide easements and rights of access in and to their respective properties in order that the Village may proceed with the work under the Project; and 9 NOW THEREFORE, BE IT RESOLVED that the Mayor of the Village of Briarcliff Manor is hereby authorized to execute such easement agreements as are necessary for the Project, in form and substance satisfactory to the Village Engineer and Village Attorney who are hereby authorized to file same with the Westchester County Clerk, Division of Land Records; and BE IT FURTHER RESOLVED that the Mayor and the Village Engineer are each hereby authorized to take such further actions as shall be necessary for the filing of such easement agreements with the County Clerk. Roll Call: Trustee Hunt Aye Trustee Midgley Aye Deputy Mayor Chatzky Aye Mayor Vescio Abstained Schedule a Public Hearing to Amend Chapter 195, Taxation Upon motion by Deputy Mayor Chatzky, seconded by Trustee Midgley, the Board voted unanimously to approve the following resolution: BE IT RESOLVED that a Public Hearing is hereby scheduled for the October 19, 2021 Board of Trustees meeting at 7:30pm at the William J. Vescio Community Center located at 1 Library Road, Briarcliff Manor, New York to hear and discuss a proposed local law to amend Chapter 195, Taxation of the Code of the Village of Briarcliff Manor. Roll Call: Trustee Hunt Aye Trustee Midgley Aye Deputy Mayor Chatzky Aye Mayor Vescio Aye Acceptance of Resignation of Deputy Village Treasurer The Board thanked Robin Rizzo for all her years of service in many capacities to the Village. Upon motion by Trustee Hunt, seconded by Deputy Mayor Chatzky, the Board voted unanimously to approve the following resolution: 10 BE IT RESOLVED, that the Board of Trustees of the Village of Briarcliff Manor hereby accepts the resignation of Robin L. Rizzo as Deputy Village Treasurer effective September 30, 2021. Roll Call: Trustee Hunt Aye Trustee Midgley Aye Deputy Mayor Chatzky Aye Mayor Vescio Aye Appointments to Various Positions and Boards 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 makes the following appointments: Robin L. Rizzo as the Deputy Village Clerk for a term to expire on April 1, 2022. Robin L. Rizzo as the Deputy Registrar of Vital Statistics for a term to expire on April 1, 2022. Robin L. Rizzo as a Tree Preservation Board Member for a term to expire on April 1, 2022. Robin L. Rizzo as an Ethics Board Member for a term to expire on April 1, 2022. Robin L. Rizzo as the Route 100C Authorized Signatory for the Village of Briarcliff Manor. Robin L. Rizzo as the Tri-Village Water Representative for the Village of Briarcliff Manor. Roll Call: Trustee Hunt Aye Trustee Midgley Aye Deputy Mayor Chatzky Aye Mayor Vescio Aye Minutes 11 Upon motion by Deputy Mayor Chatzky, seconded by Trustee Midgley, the Board voted unanimously to approve the minutes of August 17, 2021. Adjournment Upon motion by Deputy Mayor Chatzky, seconded by Trustee Hunt, the Board voted unanimously to adjourn the Regular Meeting at 9:01pm. Respectfully Submitted By, Christine Dennett Village Clerk 12