Mayor & Board of Trustees

AGENDA TUESDAY FEBRUARY 21, 2023 BOARD OF TRUSTEES WILLIAM J. VESCIO COMMUNITY CENTER 1 LIBRARY ROAD REGULAR MEETING – 7:30 PM For those members of the public interested in viewing and/or participating in the meeting remotely, visit https://www.briarcliffmanor.gov/mayor-board- trustees/events/33141 Pledge of Allegiance 1. Police Sergeant Promotion 2. Swearing in of Police Officer 3. Continued Public Hearing Special Use Permit Amendment Request – Morrell and Company the Wine Emporium LTD, 600 Albany Post Road 4. Continued Public Hearing Special Use Permit Request - 345 Scarborough Road, Briarcliff Solar, LLC 5. Public Hearing to Amend Chapter 202-7, Tree Preservation Board Board of Trustees Announcements Village Manager Committee Reports Public Comments 6. Amend Master Fee Schedule – Recreation Summer Fees 7. Budget Transfer – Youth Center 8. DASNY Grant Funding Commitment – Purchase of Mini Excavator and Trailer 9. Fire Department Membership - Stoop 10. Minutes NEXT REGULAR BOARD OF TRUSTEES MEETING – TUESDAY, MARCH 7, 2023 1  VILLAGE OF BRIARCLIFF MANOR BOARD OF TRUSTEES AGENDA FEBRUARY 21, 2023 1. POLICE SERGEANT PROMOTION BE IT RESOLVED, that Cody Wilkinson is hereby promoted to the position of Police Sergeant at an annual salary of $137,866.79 effective at 12:01 a.m. on February 22, 2023. 2  VILLAGE OF BRIARCLIFF MANOR BOARD OF TRUSTEES AGENDA FEBRUARY 21, 2023 2. SWEARING IN OF POLICE OFFICER 3  VILLAGE OF BRIARCLIFF MANOR BOARD OF TRUSTEES AGENDA FEBRUARY 21, 2023 3. PUBLIC HEARING SPECIAL USE PERMIT AMENDMENT REQUEST – MORRELL WINE FACILITY, 600 ALBANY POST ROAD All back materials can be found at the following link: https://www.briarcliffmanor.gov/mayor-board-trustees/pages/600-albany-post- road-morrell-and-co-wine-emporium Morrell Wine Facility 600 Albany Post Road, Briarcliff Manor, NY Resolution of Amended Special Permit Approval WHEREAS, the Board of Trustees (“Board of Trustees”) of the Village of Briarcliff Manor, New York (“Village”) received an application and accompanying documentation dated January 10, 2023 submitted by Morrell and Company the Wine Emporium, LTD (the “Applicant”) for amended Special Permit Approval for the existing 9.37-acre Morrell Wine Facility (the “Facility”), located at 600 Albany Post Road (Section 104.11, Block 1, Lot 40, “Project Site”) within the Village’s Complementary Use Transition 2 (CT2) District; and WHEREAS, the Facility operates under an existing special permit, adopted November 23, 2021, as a “Specialty Warehouse” under Village Code §220-6(M).2(o) within the CT2 District; Whereas, the Applicant is proposing to add an approximately 710 square foot retail area within the existing 38,000 square foot specialty wine warehouse building (“Project”); and WHEREAS, the Applicant is seeking an amendment to their existing special permit to allow the Project; WHEREAS, in support of its Application, the Applicant submitted the following documents and plans: 1. Site Plans prepared by JMC Planning Engineering Landscape Architecture & Land Surveying, PLLC (“JMC”) dated January 10, 2023; 2. Traffic Narrative prepared by JMC, dated January 10, 2023; 3. Tax Analysis prepared by JMC, dated January 10, 2023; and 4  4. Drainage narrative, Stormwater Pollution Prevention Plan, and Site Utilities/Municipal Infrastructure Study prepared by JMC, dated January 10, 2023. WHEREAS, in support of its Application, the Applicant also submitted a Short Environmental Assessment Form Part 1 (“Short EAF”), dated January 10, 2023 pursuant to the State Environmental Quality Review Act [“SEQRA”(6 NYCRR Part 617)]; and WHEREAS, the Board of Trustees reviewed the Short EAF Part 1 for preliminary assessment of the environmental impacts of the Proposed Action under SEQRA, determined that it is subject to SEQRA, that it does not involve any federal agency, that it will involve other agencies, and that it is classified as an Unlisted Action under SEQRA, and by Resolution adopted January 17, 2023, declared its intent to serve as Lead Agency for the purpose of a coordinated review of the environmental impacts of the Proposed Action under SEQRA, directed the Village Clerk to transmit and file a notice, dated January 17, 2023 of the Board of Trustees’ intent to serve as Lead Agency pursuant to 6 NYCRR. §617.6(b), and preliminarily classified the Proposed Action as an Unlisted Action under SEQR pursuant to 6 NYCRR. §617.6(a).; and WHEREAS, the Village Clerk transmitted the Board of Trustees’ Notice of Intent to serve as the SEQRA Lead Agency to the Village Planning Board, Westchester County Department of Planning, and New York State Department of Transportation; and WHEREAS, by resolution adopted January 17, 2023, the Board of Trustees set a Public Hearing on the Amended Special Permit to be held at William J. Vescio Community Center, 1 Library Road Briarcliff Manor, at 7:30 PM on February 7, 2023; and WHEREAS, the Village Clerk gave notice of the Public Hearing and as directed by the Board of Trustees, also referred the Proposed Amended Special Permit to neighbors within 500 feet of the Project Site; and WHEREAS, the Board of Trustees held a duly advertised Public Hearing on issuance of the Proposed Amended Special Permit at William J. Vescio Community Center at 7:30 PM, at which time the Board heard oral comments from the public, and representatives of the Applicant, gave the opportunity to be 5  heard to all those wishing to be heard, and adjourned the Public Hearing to February 21, 2023; and WHEREAS, the Village Clerk gave notice of the resumed Public Hearing; and WHEREAS, following the public hearing on February 7, 2023, the Board of Trustees held the public hearing open until February 21, 2023 at which time, after all members of the public wishing to be heard had an opportunity to speak, it was closed; and WHEREAS, pursuant to New York General Municipal Law Sec. 239-m and Westchester County Administrative Code Sec. 277.61 and 277.71, the Application was referred to the Westchester County Planning Board/Department; and WHEREAS, the Westchester County Planning Department responded to the referral by form letter dated February 17, 2023; and WHEREAS, pursuant to Village Code §220-6(C), the Application was referred to the Village Planning Board for its review and recommendation; and WHEREAS, the Village Planning Board responded to the referral by letter dated February 10, 2023; and WHEREAS, the Board of Trustees received and reviewed a Short Environmental Assessment Form, Part 2 (“EAF Part 2”) prepared on its behalf by the Village Planning Consultant BFJ Planning for assessment of the adoption of the Amended Special Permit; and WHEREAS, the Board of Trustees considered the Short EAF Part 1, the Short EAF Part 2, letter from the Village Planning Board, and form letter from the Westchester County Department of Planning dated February 17, 2023, other written submissions, and oral comments made at the Public Hearing; and WHEREAS, the Proposed Action has been subject to a coordinated review by the Board of Trustees as Lead Agency under SEQRA, and the Board of Trustees has concluded that issuance of the Amended Special Permit to the Applicant will not result in any significant adverse environmental impact; and 6  WHEREAS, the Board is familiar with the Project Site which is currently improved with the existing Morrell Wine Facility; and WHEREAS, issuance of the Amended Special Permit will allow for the addition of approximately 710 square feet of retail space within the existing 38,000 square foot Facility; and WHEREAS, the Project will be limited in nature, with the predominant use of the Project Site continuing to be the private storage and distribution of wine; and WHEREAS, minimal external modifications to the previously approved site plans associated with the Specialty Warehouse Special Permit are required to accommodate the retail space primarily related to wayfinding and signage; and WHEREAS, pursuant to the requirements of Village Code Chapter 220- 6D., the Applicant has submitted the requisite information as follows: site plan (§ 220-6.D.1), drainage (§220-6D.2), marketing study (§220-6D.3), Infrastructure and Utility Study (§ 220-6.D.4), traffic (§ 220-6.D.5), municipal service impact study § 220-6.D.6), educational resources impact study § 220-6.D.7), and fiscal impact study § 220-6.D.8); and NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: RESOLVED, the Board of Trustees adopts and incorporates the recitations and statements set forth above as if fully set forth and resolved herein. RESOLVED, in its consideration of the Morrell and Company the Wine Emporium, LTD’s application, the Board of Trustees has reviewed and relied on: 1. Special Permit Application letters prepared by Zarin & Steinmetz LLP dated January 10, 2023 accompanying Plans, Short Environmental Assessment Form Part 1, Traffic Narrative prepared by JMC, Tax Analysis prepared by JMC, Drainage narrative, Stormwater Pollution Prevention Plan, and Site Utilities/Municipal Infrastructure Study. 2. Letter from Village Planning Board dated February 10, 2023. 3. Letter from the Westchester County Department of Planning dated February 17, 2023. 7  4. Amended Special Permit EAF, Part 2 prepared by Village Planning Consultants. 5. Presentations and statements made at the Public Hearing(s). RESOLVED, that the Board of Trustees, having heard no objections from the other Involved Agencies, hereby declares itself Lead Agency for the environmental review of the Proposed Action pursuant to the requirements of SEQRA and Part 617 (6NYRR Part 617), the Statewide implementing regulations pertaining to SEQRA. RESOLVED, the Board of Trustees has reviewed the studies provided pursuant to § 220-6.D and has determined that the Proposed Project will not result in significant impacts to the Village; and RESOLVED, in accordance with Article 8 of the State Environmental Conservation Law and 6 NYCRR Part 617, and based upon the review of the Short EAF Parts 1, 2 and 3 and all other application materials that were prepared for this action, the Board of Trustees hereby adopts a Negative Declaration for the Proposed Action and determines that the Proposed Action will not have a significant adverse impact upon the environment as it will not have an adverse impact upon the character of the area, nor will it result in an adverse change in existing air quality, ground or surface water quality or quantity, traffic or noise levels, or result in a material conflict with the Village’s current plans or goals. RESOLVED, the Board of Trustees finds that: 1. The Project will result in the addition of approximately 710 square feet of retail space within the existing 38,000 square foot Morrell Wine Facility for the retail sale of high-end wine and liquor subject to all state licensing requirements. The Facility currently operates under an existing special permit as a “Specialty Warehouse” under Village Code §220-M(2)(0) within the CT2 Complimentary Transition District. Minimal external modifications to the previously approved site plans associated with the Specialty Warehouse Special Permit are required to accommodate the retail space primarily related to wayfinding and signage to be finalized as part of Site Plan review by the Planning Board. 2. The Facility’s use of its property and location(s) on the site, the nature and intensity of the operations and traffic in connection with it, the size of the site in relation to it, and the location of the site with respect to the type, arrangement, and capacity of streets giving access to it are in satisfactory 8  harmony with the appropriate and orderly development of the CT2 zoning district in which the Facility is located. 3. The location, nature, and height of the existing building and the limited exterior improvements proposed on the Project are such that the Facility does not hinder or discourage the appropriate development and use of adjacent land and buildings. 4. The Facility’s operations are not more objectionable to nearby properties by reason of noise, fumes, vibrations, lighting, than would be the operations of any permitted use on the site not requiring a special permit. 5. Parking areas are of adequate size for the Facility’s use of the site, properly located, and suitably screened from any adjoining residential uses. 6. The character, intensity, size, and location of the Facility is generally in harmony with the orderly development of the CT2 zoning district in which the Project Site is located and will not be detrimental to the orderly development of adjacent districts. 7. The Facility’s operations and improvements on the site under the Proposed Site Plan will not impair the use, enjoyment, or value of adjacent residential properties. 8. The nature and intensity of the Facility and the traffic generated by it is not especially hazardous, incongruous, or detrimental to the prevailing character of the neighborhood and the Project. 9. The Facility and its existing operations and improvements on the site under the Proposed Site Plan is and will be harmonious with the CT2 district in which it is located, does not and will not create undue pedestrian or vehicular traffic hazards, and does not and will not include any display of signs, noise, fumes, or lights that will hinder the normal development of the district or impair the use, enjoyment and value of adjacent land and buildings. 10. The applicable conditions and standards for Special Permit Use set forth in Village Code §220–6M.(2)(0)i.-xx. have been met. 11. The hours of operation of the retail portion of the Facility would be Monday through Saturday 11:00 a.m. to 6:00 p.m., with the warehouse operating between 8:00 a.m. and 5:00 p.m. Monday to Friday, and the ancillary office operations between 9:00 a.m. and 6:00 p.m. Monday to Friday but in no case shall the Facility operate beyond the hours of 8:00 AM and 10:00 PM, or as further limited by the Planning Board or Board of Trustees. 9  RESOLVED, that the Board of Trustees imposes the following conditions on the issuance of an Amended Special Permit to the Facility: 1. Except as otherwise set forth in these conditions or approved by the Board of Trustees in an amendment to the Amended Special Permit, the Morrell Specialty Warehouse special permit is conditioned and contingent on the Village Planning Board approval of the Proposed Site Plan in the form set forth in drawing C-100 “Site Layout Plan” prepared by JMC, as may be modified by the Planning Board during Site Plan review. 2. Except as otherwise set forth in these conditions, no change shall be made on the site to add an improvement or to change the footprint or location of any improvement shown on the Proposed Site Plan Amendment approved by the Village Planning Board (“Site Plan”) unless approval for the addition or change is obtained from the Village Planning Board under Village Code §220–14. 3. All applicable fees, charges, and reimbursements charged to Applicant by the Village on the Village’s review and determination of the Application, the Proposed Action, the Proposed Specialty warehouse Special Permit, the Proposed Site Plan Amendment, and any matter incidental to any of the same shall be paid the before the Specialty Warehouse Special Permit takes effect. RESOLVED, the Board of Trustees grants the Amended Special Permit to Morrell and Company the Wine Emporium, LTD in accordance with the provisions of Village Code §220–6 subject to the terms and conditions of this Resolution and to the Applicant’s: 1. Operation of the Facility in conformity with the requirements of the Village Code with regular, repeated, or continued deviations therefrom constituting a violation of the Amended Special Permit. 2. Use and improvement of the Project Site in conformity with the requirements of the Village Code and as set forth in the Site Plan, with regular, repeated, or continued deviations from the maintenance and improvement of the Project Site as set forth in the Site Plan constituting a violation of the Morrell Wine Facility Specialty Warehouse Special Permit. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the foregoing Resolution is hereby adopted. 10  Agency Use Only [If applicable] Project: Morrell Amended SUP Date: Short Environmental Assessment Form Part 2 - Impact Assessment Part 2 is to be completed by the Lead Agency. Answer all of the following questions in Part 2 using the information contained in Part 1 and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept “Have my responses been reasonable considering the scale and context of the proposed action?” No, or Moderate small to large impact impact may may occur occur 1. Will the proposed action create a material conflict with an adopted land use plan or zoning regulations? ✔ 2. Will the proposed action result in a change in the use or intensity of use of land? ✔ 3. Will the proposed action impair the character or quality of the existing community? ✔ 4. Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area (CEA)? ✔ 5. Will the proposed action result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit, biking or walkway? ✔ 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably available energy conservation or renewable energy opportunities? ✔ 7. Will the proposed action impact existing: ✔ a. public / private water supplies? b. public / private wastewater treatment utilities? ✔ 8. Will the proposed action impair the character or quality of important historic, archaeological, ✔ architectural or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources (e.g., wetlands, waterbodies, groundwater, air quality, flora and fauna)? ✔ 10. Will the proposed action result in an increase in the potential for erosion, flooding or drainage problems? ✔ 11. Will the proposed action create a hazard to environmental resources or human health? ✔ PRINT FORM Page 1 of 2 11  Agency Use Only [If applicable] Project: Morrell Amended SUP Date: Short Environmental Assessment Form Part 3 Determination of Significance For every question in Part 2 that was answered “moderate to large impact may occur”, or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact, please complete Part 3. Part 3 should, in sufficient detail, identify the impact, including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant. Each potential impact should be assessed considering its setting, probability of occurring, duration, irreversibility, geographic scope and magnitude. Also consider the potential for short- term, long-term and cumulative impacts. The proposed project consists of an amendment to an existing “Specialty Warehouse” Special Permit granted by the Village Board of Trustee ("BOT") on November 23, 2021 pursuant to Village Code §220-6M.(2)(o). The amendment to the Special Permit is to allow the addition of approximately 710 square feet of retail space within an existing 38,000 square foot specialty wine warehouse building. In making this determination, the BOT reviewed an EAF Part 1, Application for Amended Special Permit, Site Plan prepared by JMC, Traffic Narrative prepared by JMC, Tax Analysis prepared by JMC, and Drainage narrative, Stormwater Pollution Prevention Plan, and Site Utilities/Municipal Infrastructure Study prepared by JMC, all dated January 10, 2023. The proposed amendment to the Special permit is to allow a small retail space within the existing facility. Minimal external modifications to the previously approved site plans associated with the Specialty Warehouse Special Permit are required to accommodate the retail space primarily related to wayfinding and signage. The proposed project will not prevent the reasonable and orderly use of other properties in the area and the location of the proposed retail space will not hinder or discourage the appropriate and orderly development of the surrounding neighborhood. Further, the proposed amendment to the special permit will not impair the use, enjoyment and value of adjacent residential properties as the retail space is located in the front of the existing warehouse along the Albany Post Road frontage. Finally, the proposed retail space will have a beneficial economic impact on the Village, as the project will generate additional commercial tax dollars which has been a long-standing goal of the Village. Therefore, the Village of Briarcliff Manor Board of Trustees finds that the proposed project will not result in any potentially significant adverse environmental impacts. Check this box if you have determined, based on the information and analysis above, and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. ✔ Check this box if you have determined, based on the information and analysis above, and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. Village of Briarcliff Manor Board of Trustees _________________________________________________ _______________________________________________ Name of Lead Agency Date Steven A. Vescio _________________________________________________ Mayor _______________________________________________ Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer _________________________________________________ _______________________________________________ Signature of Responsible Officer in Lead Agency Signature of Preparer (if different from Responsible Officer) PRINT FORM Page 2 of 2 12  Submission Form to the Westchester County Planning Board For Planning and Zoning Referrals REQUIRING NOTIFICATION ONLY County Ref. No. BMR N23-001 The Westchester County Planning Board has predetermined that certain categories of planning and zoning applications are matters for local determination only. For any application listed below, submission of this completed form will satisfy the requirements of NYS General Municipal Law and the Westchester County Administrative Code that the local board provided adequate notification to the County Planning Board in accordance with Planning Board procedures. No other material need be sent. Upon receipt, the County Planning Board will complete the bottom section of this form and return it to you to for your records to indicate compliance with referral requirements. When completed save this form and e-mail to: muniref@westchestergov.com or print and fax to 914-995-3780. Municipality: Briarcliff Manor Referring Agency (check one): Planning Board or Commission Zoning Board of Appeals x City or Common Council/Town Board/Village Board of Trustees Application Name and Local Case Number: Morrell and Company the Wine Emporium, LTD Address: 600 Albany Post Road Section: 104.11 Block: 01 Lot: 40 Submitted by (name and title): Christine Dennett, Village Clerk E-mail address (or fax number): cdennett@briarcliffmanor.gov The above referenced application qualifies for the notification only procedure to the County Planning Board because it falls within the category of action checked below: Zoning Area Variance to decrease front yard setback, decrease minimum street frontage or decrease average lot width for property abutting a State or County road or park x Special Use Permit or Use Variance to allow less than 5,000 square feet of new or renovated floor area and less than 10,000 square feet of land disturbance. Site Plan to allow less than 5,000 square feet of new or renovated floor area and less than 10,000 square feet of land disturbance on property within 500 feet of:  The boundary of a city, town or village  The boundary of an existing or proposed state or county park, recreation area or road right-of-way  An existing or proposed county drainage channel line  The boundary of state- or county-owned land on which a public building/institution is located or  The boundary of a farm located in an agricultural district. (Please note: All applications given a Positive Declaration pursuant to SEQR must be referred as a complete application. Do not use this form.) Do not write below this line. Date received by the Westchester County Planning Board: 2/17/23 Notification acknowledged by (name and title): Lukas Herbert, Associate Planner 13 14 15  VILLAGE OF BRIARCLIFF MANOR BOARD OF TRUSTEES AGENDA FEBRUARY 21, 2023 4. CONTINUED PUBLIC HEARING SPECIAL USE PERMIT REQUEST - 345 SCARBOROUGH ROAD, BRIARCLIFF SOLAR, LLC All backup material can be found at https://www.briarcliffmanor.gov/mayor-board- trustees/pages/345-scarborough-road 16  VILLAGE OF BRIARCLIFF MANOR BOARD OF TRUSTEES AGENDA FEBRUARY 21, 2023 5. PUBLIC HEARING TO AMEND CHAPTER 202, TREES RESOLUTION PROVIDED IN THE EVENT THE BOARD WISHES TO ADOPT. BE IT RESOLVED that the proposed local law to amend Chapter 202-7, Tree Preservation Board is hereby adopted. 17 Chapter 202. Trees § 202-7. Tree Preservation Board. A. Composition. The Tree Preservation Board shall consist of three persons: the Village Manager, a member of the Conservation Advisory Council and a member of the Planning Board. The Tree Preservation Board shall consist of the members of the Environmental Advisory Council (EAC) and shall be chaired by the chairperson of such Council. If any vacancies exist on the EAC, or if any member is unavailable due to absence or recusal, the Board of Trustees may appoint additional members to the Tree Preservation Board to fill such openings. If a matter is before the Tree Preservation Board for review, as required under § 202-4C, at least three members must be available for such review. B. Powers and duties. (1) The Tree Preservation Board shall review tree removal applications and shall affirm, modify or reverse permit decisions made by the Building Inspector within 10 days of the request by the applicant, and in accordance with § 202-4C. Such time may be increased to 30 days in the event of vacancies on the Tree Preservation Board that must be filled by the Board of Trustees. (2) The Tree Preservation Board shall act in an advisory capacity to the Building Inspector and the Planning Board for any regulated activity under § 202-3 Regulated Activites. (3) The Tree Preservation Board shall act in an advisory capacity to the Planning Board for any application made in connection with an application for the Village Board of Trustees for any application made in connection with a special permit application, and at any other time when requested by the Chairperson of the Planning Board or a majority of its members. The Tree Preservation Board shall give notice to the applicant of the meeting at which the permit will be considered, which notice shall be delivered personally or by certified mail and addressed to the applicant's address as shown on the application. Such applicant shall be entitled to attend the meeting before the Tree Preservation Board and shall have the opportunity to be heard. (42) The Tree Preservation Board shall assist the properly constituted officials of the Village as well as the citizens of the Village, in the dissemination of news and information regarding the protection, maintenance, removal and planting of trees on public or private property, and to make such recommendations from time to time to the Village Board as to desirable legislation concerning the tree program and activities for the Village. 18  VILLAGE OF BRIARCLIFF MANOR BOARD OF TRUSTEES AGENDA FEBRUARY 21, 2023 6. AMEND MASTER FEE SCHEDULE BE IT RESOLVED that the Board of Trustees does hereby amend the Master Fee Schedule for the Village of Briarcliff Manor as follows: MASTER FEE SCHEDULE - RECREATION SUMMER FEES 2023 TYPE OF APPLICATION PROPOSED OLD PROPOSED OLD DATE DATE Last Resident LICENSE OR PERMIT Fee FEE BMSD Fee FEE EFFECTIVE Amended Summer Day Camp Fees for Out-of-Village, BMUFSD applicants remain 25% higher than proposed Resident Fees Tree Camp – choose any 3, 4 or all 5 weeks Full Day - entire 5 weeks 1440 1265 1800 1585 2/21/2023 2/15/2022 Full Day – Week 2 (4 day/week cost) 240 220 300 275 2/21/2023 2/15/2022 Full Day – Weeks 1, 3, 4, and/or 5 (5 day/week 300 275 375 245 2/21/2023 2/15/2022 cost) Super Camp – choose any 3, 4 or all 5 weeks Full Day - entire 5 weeks 1440 1265 1800 1585 2/21/2023 2/15/2022 Full Day – Week 2 (4 day/week cost) 240 220 300 275 2/21/2023 2/15/2022 Full Day – Weeks 1, 3, 4, and/or 5 (5 day/week 300 275 375 245 2/21/2023 2/15/2022 cost) Tree Camp and Super Camp CIT Enrollment 400 Same 500 Same No Change 3/2/2011 Camp Adventure – choose any 3, 4 or all 5 weeks Full Day - entire 5 weeks 1440 1200 1800 Same 2/21/2023 3/2/2021 Full Day – Week 2 (4 day/week cost) 240 - 300 2/21/2023 new Full Day – Weeks 1, 3, 4, and/or 5 (5 day/week 300 - 375 2/21/2023 new cost) Camp Horizon – choose any 3, 4 or all 5 weeks Full Day - entire 5 weeks 1400 1265 1750 1585 2/21/2023 2/15/2022 Full Day – each week (3 days/week) 280 - 350 - 2/21/2023 new 19  VILLAGE OF BRIARCLIFF MANOR RECREATION DEPARTMENT 3 Library Road Briarcliff Manor, NY 10510 (914) 941-6560 BMRD@briarcliffmanor.gov MEMO TO: Joshua Ringel, Village Manager FROM: Dana Durso, Superintendent Karen Kuzio, Assistant Superintendent DATE: February 12, 2023 RE: Recreation Summer Camp Fee Changes: Board Action Required - 2/21 Meeting It is that time of year when the Board of Trustees reviews and acts on our department’s proposed summer fees. These items are approved prior to the rest of the Village budget because we need to publish our Spring/Summer program and permit information in a timely fashion. Spring program registration is scheduled to begin on Monday, March 20th, since we are launching a new registration software program, we would like to test it first with Spring Programs to work out any issues. On Monday, March 27th we would like to begin registering for Day Camp. Attached please find the Master Summer Recreation Fees. We are hoping that the Board can pass these proposed fees by resolution at their February 21st meeting, so that we can complete the preparation of our registration forms on our new registration software and get the Camp information posted to the Village website and out to the public before early next month. This year’s summer fee changes reflect a slight increase to our Day Camp fees. The Day Camp fee adjustments reflect an increase to supplies, trips and materials with inflation and also takes in consideration the absorption of pool fees for campers instead of charging them a separate fee to use the pool during the camp day. The fees for all of our day camps once again provide our participants with the choice to attend all 5 weeks, or pick any 3 or 4 weeks that they desire. The fees listed for Tree, Super and Camp Adventure are weekly fees, with rates for a 4-day week in our schedule (Week 2) and the 5-day weeks in our schedule (weeks 1, 3, 4 & 5), with all fees derived from a base rate of $60 per day or $10 an hour. Participants choosing weeks 2, 3, and 4, for example, would pay $840 for the 3 weeks they selected. If they attended weeks 3, 4 and 5, the fee would be $900. They are a bit higher as we do have an extra day of camp this year. Last year there were only 23 days of camp this year there will be 24 days. The fees for Camp Horizon, which travels 3 days a week for 5 weeks were adjusted for cost increases projected to be higher with inflation for both entrance fees, tickets and bus rentals. The fees proposed will enable us to continue to operate our overall Day Camp program meeting predictions for 2023/24 and our fees continue to be very reasonable when compared to the majority of other camp options that are available to our residents. Thank you for your time and attention in this matter. Please let me know if you have any comments, questions or concerns. 20  VILLAGE OF BRIARCLIFF MANOR BOARD OF TRUSTEES AGENDA FEBRUARY 21, 2023 7. BUDGET TRANSFER FY 2022-2023 BE IT RESOLVED that the Board of Trustees does hereby authorize the following budget transfers totaling $30,000.00 for FY 2022-2023: From: A1010-490 BOT-Special Projects $30,000 To: H7110-201-23460 Youth Center Renovation $30,000 21  VILLAGE OF 1111 PLEASANTVILLE ROAD BRIARCLIFF MANOR BRIARCLIFF MANOR, N.Y. 10510 www.BriarcliffManor.Gov TELEPHONE: (914) 944-2770 FAX: (914) 941-4837 Memo Date: February 13, 2023 To: Board of Trustees From: Engineering Department Re: Briarcliff Manor Youth Center – Cost Summary – Rev. 1 5 Van Lu Van For the Youth Center Remodel, below please find a summary of total costs to date as well as estimates for future costs based on the budget. Youth Center Costs - 2-7-2023 Total Budget $ 50,000.00 Structural $ 2,915.00 Plumbing $ 4,700.00 Electrical $ 4,895.00 Supplies* $ 5,000.00 Currently Incurred Expenses Doors $ 3,600.00 Cabinets* $ 4,500.00 Appliances $ 3,585.00 Countertops* $ 3,000.00 Total $ 32,195.00 Flooring $ 9,500.00 Baseboard $ 600.00 Drywall/Supplies $ 1,000.00 Bathroom Fixtures * $ 1,500.00 Upcoming Required Kitchen Fixtures* $ 500.00 Expenses Kitchen Cabinet Install $ 2,000.00 Window/Door Trim* $ 400.00 Interior Paint (materials) $ 750.00 Miscellaneous* $ 1,000.00 Total $ 17,250.00 Total Expenses for Interior Remodel $ 49,445.00 Roof* $ 15,000.00 Future Expenses Exterior Paint (by others) $ 12,000.00 Landscape* $ 1,000.00 Deck ? Total $ 28,000.00 *approximate costs If there are any questions, please contact our office. Jeffrey Gaspar Jeffrey Gaspar, P.E. Village Engineer 22  VILLAGE OF BRIARCLIFF MANOR BOARD OF TRUSTEES AGENDA FEBRUARY 21, 2023 8. DASNY GRANT FUNDING COMMITMENT – PURCHASE OF MINI EXCAVATOR AND TRAILER WHEREAS, the Village endeavors to have appropriate equipment on hand for repairing and improving water, sewer, and other infrastructure in the Village; WHEREAS, in that vein, the Village has a Capital Project as described below: 1. The purchase of a Kubota Excavator and Trailer a. Estimated cost - $111,500.00 with a 13,500.00 contingency WHEREAS, the Village has been working with Senator Harckham on a $125,000 grant to complete this purchase, and WHEREAS, DASNY requires a funding commitment from the Village as this is a reimbursement grant; NOW, THEREFORE, BE IT RESOLVED that the Village of Briarcliff Manor is committed to completing this purchase in its entirety and will cover all costs for the project. Evidence of committed funds is detailed attached hereto. BE IT FURTHER RESOLVED, that the below line shall be used to cover the costs of the project: Capital Account Line for Purchase of Mini Excavator and Trailer – H8397-201- 23431 23 02/16/2023 16:04 |VILLAGE OF BRIARCLIFF MANOR |P 1 414knivi |G/L ACCOUNT - MASTER________________________________________ ________________________________________ INQUIRY |glactinq Org code: H8397 Water Capital Projects Type: E Object code: 201 Equipment Status: A Project code: 23431 Light Equipment Budgetary: Y Fund H Capital Fund Function 8 Home & Community Services Group 81 Comm Serv-Sanitation Rsp Ctr 05 Public Works Department 8397 Water Capital Projects *UNKNOWN* *UNKNOWN* Project 23431 Light Equipment Full description: Kubota-Backhoe Trailer Replc Short desc: Equipment Reference Acct: Auto-encumber? (Y/N) N --------- CURRENT YEAR MONTHLY AMOUNTS ---------- PER ACTUAL ENCUMBRANCE BUD TRANSFER BUDGET 00 .00 .00 .00 .00 01 .00 .00 .00 .00 02 .00 .00 .00 .00 03 .00 .00 .00 .00 04 .00 .00 .00 .00 05 .00 .00 .00 .00 06 .00 .00 .00 .00 07 .00 .00 .00 .00 08 .00 .00 .00 .00 09 .00 .00 .00 125,000.00 10 .00 .00 .00 .00 11 .00 .00 .00 .00 12 .00 .00 .00 .00 13 .00 .00 .00 .00 Tot: .00 .00 .00 125,000.00 ---------- CURRENT YEAR TOTAL AMOUNTS ----------- Actual (Memo) .00 Original Budget .00 Encumbrances .00 Budget Tranfr In .00 Requisitions .00 Budget Tranfr Out .00 Total .00 Carry Fwd Budget .00 Available Budget 125,000.00 Carry Fwd Bud Tfr .00 Percent Used .00 Revised Budget .00 Inceptn to SOY .00 Inceptn Orig Bud 125,000.00 Inceptn Revsd Bud 125,000.00 Encumb-Last Yr .00 Dept .00 Actual-Last Yr .00 Manager .00 Estim-Actual 125,000.00 Tentative .00 .00 Trustees .00 .00 24 02/16/2023 16:04 |VILLAGE OF BRIARCLIFF MANOR |P 2 414knivi |G/L ACCOUNT - MASTER________________________________________ ________________________________________ INQUIRY |glactinq LAST YEAR MONTHLY AMOUNTS PER ACTUAL ENCUMBRANCE BUDGET 00 .00 .00 .00 01 .00 .00 .00 02 .00 .00 .00 03 .00 .00 .00 04 .00 .00 .00 05 .00 .00 .00 06 .00 .00 .00 07 .00 .00 .00 08 .00 .00 .00 09 .00 .00 .00 10 .00 .00 .00 11 .00 .00 .00 12 .00 .00 .00 13 .00 .00 .00 Tot: .00 .00 .00 ----------- PRIOR YEARS TOTAL AMOUNTS ----------- 2022 Actual .00 2022 Orig Budget .00 2022 Closed @ YE .00 2022 Bud Tfr In .00 2022 Encumbrance .00 2022 Bud Tfr Out .00 2022 Memo Bal .00 2022 C Fwd Budget .00 2021 Actual .00 2022 Revsd Budget .00 2020 Actual .00 2019 Actual .00 2021 Orig Budget .00 2018 Actual .00 2021 Revsd Budget .00 2017 Actual .00 2020 Orig Budget .00 2016 Actual .00 2020 Revsd Budget .00 2015 Actual .00 2014 Actual .00 2022 0.00 2013 Actual .00 2021 0.00 2020 0.00 -------------- FUTURE YEAR AMOUNTS -------------- PER 2024 BUDGET BUDGET 00 .00 2024 Dept .00 .00 01 .00 2024 Manager .00 .00 02 .00 2024 Tentative .00 .00 03 .00 2024 Trustees .00 .00 04 .00 2024 .00 .00 05 .00 2024 Revised .00 06 .00 2025 Estimate .00 .00 07 .00 2026 Estimate .00 .00 08 .00 2027 Estimate .00 .00 09 .00 2028 Estimate .00 .00 10 .00 11 .00 2024 Memo Bal .00 12 .00 2024 Encumbrance .00 13 .00 2024 Requisition .00 Tot: .00 ----------------- ACCOUNT NOTES ----------------- ____________________________________________ ___________________________________ ** END OF REPORT - Generated by Katie Nivins ** 25  VILLAGE OF BRIARCLIFF MANOR BOARD OF TRUSTEES AGENDA FEBRUARY 21, 2023 9. FIRE DEPARTMENT MEMBERSHIP - STOOP BE IT RESOLVED, that the Board of Trustees of the Village of Briarcliff Manor hereby approve the membership of Theresa Stoop to the Scarborough Engine Company. 26  VINCENT J. CARUSO, CHIEF Briarcliff Manor ARIE J. UYTERLINDE, 1 st Asst. Chief Fire Department MICHAEL J. MOLINELLI, 2nd Asst. Chief 1111 Pleasantville Road Emergency 911 Briarcliff Manor, NY 1051 O Chiefs Office (914) 941-0879 Fax (914) 944-2758 Office of the Chief E-mail: fdchief@briarcliffmanor.org DATE: February 1,2023 TO: Christine Dennett, Village Clerk Briarcliff Manor Board of Trustees FROM: Chief Vincent J. Caruso- Briarcliff Manor Fire Department SUBJECT: NEW MEMBER - Request for Village Approval Honorable Mayor and Trustees; Theresa Stoop, doh 12/29 /64 and residing at 51 Hollow Tree Road, Briarcliff Manor, New York,, has applied for membership in the Briarcliff Manor Fire Department The applicant listed above, has been vetted by the Scarborough Engine Company Membership Committee and determined to meet the criteria set forth by the Briarcliff Manor Fire Department. FURTHERMORE, the Chief of Department has performed an Arson Background Check on said member who has been found to have NO record of Arson Conviction. The Chief of Department Requests that the Village of Briarcliff Board of Trustee's approve the application set before you and send such confirmation to Chiefs Office at your earliest convenience. Thank you for your assistance. �!0- Vincent J. Caruso d l�/..JJ Dated ----R�'fe ·�--------------------------------- Qp1vtl� Secretary - Scarborough Engine Company Dated 2/14/2023 Village Clerk - Christine Dennett Dated 27  Village Board of Trustees Regular Meeting February 7, 2023 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 7th of February, 2023 commencing at 7:30 p.m. Present Steven A. Vescio, Mayor Peter S. Chatzky, Deputy Mayor Kevin Hunt, Trustee Rhea Mallett, Trustee Edward E. Midgley, Trustee Also Present Josh Ringel, Village Manager Christine Dennett, Village Clerk Josh Subin, Village Attorney David Turiano, Village Engineer Pledge of Allegiance Continued Public Hearing Special Use Permit Amendment Request – 620 Sleepy Hollow Road -Sapphire HC Realty, LLC - Briarcliff Manor Center for Rehab and Nursing Mr. Pablo Ross, Engineer for the Applicant, explained the proposed project and stated the generator was over 50 years old and in need of replacement. He further stated the proposed generator was more than compliant with the noise ordinance. Upon motion by Deputy Mayor Chatzky, seconded by Trustee Hunt, the Board voted unanimously to close the public hearing. Upon motion by Trustee Hunt, seconded by Trustee Midgley, the Board voted unanimously to approve the following resolution: WHEREAS, the Board of Trustees (“Board of Trustees”) of the Village of Briarcliff Manor, New York (“Village”) received an application and accompanying documentation dated August 11, 2022 submitted by Sapphire HC, Inc. (“the Applicant/Owner”) for amended Special Permit Approval for the existing 11.7- acre Briarcliff Manor Center for Rehab and Nursing (the “Facility”), located at 620 28  Sleepy Hollow Road, Briarcliff Manor, NY 10510 (Section 105.13, Block 2, Lot 55); and WHEREAS, the Facility operates under a 1984 special permit as a “[c]onvalescent or nursing home or homes for the aged” under Village Code §220-6(J)(7) within a R40B Single-family Residence District; Whereas, the Applicant is proposing a new electrical generator for the existing Facility on an 0.007-acre portion of the Project Site which will be sized to provide power to the Facility for a minimum of 48 hours with a built-in diesel tank (“Project”); and WHEREAS, the Applicant is seeking an amendment to their existing special permit to allow the Project; WHEREAS, in support of its Application, the Applicant submitted the following documents and plans: 1. ALTA/NSPS Land Title Survey of Property prepared by Insite Engineering, Surveying & landscaping Architecture, P.C. dated May 9, 2019; 2. Drawing E2 Electrical Power Site Plan prepared by J.P. Ross Engineers dated November 9, 2022; and 3. Henning Enclosure Systems Details dated August 12, 2021; and 4. Gillette Generators Specifications. WHEREAS, in support of its Application, the Applicant also submitted a Short Environmental Assessment Form Part 1 (“Short EAF”), dated August 11, 2022 pursuant to the State Environmental Quality Review Act [“SEQRA”(6 NYCRR Part 617)]; and WHEREAS, the Board of Trustees reviewed the Short EAF Part 1 for preliminary assessment of the environmental impacts of the Proposed Action under SEQRA, determined that it is subject to SEQRA, that it does not involve any federal agency, that it will involve other agencies, and that it is classified as an Unlisted Action under SEQRA, and by Resolution adopted December 17, 2022, declared its intent to serve as Lead Agency for the purpose of a coordinated review of the environmental impacts of the Proposed Action under SEQRA, directed the Village Clerk to transmit and file a notice, dated December 17, 2022 of the Board of Trustees’ intent to serve as Lead Agency pursuant to 29  6 N.Y.C.R.R. §617.6(b), and preliminarily classified the Proposed Action as an Unlisted Action under SEQR pursuant to 6 N.Y.C.R.R. §617.6(a).; and WHEREAS, the Village Clerk transmitted the Board of Trustees’ Notice of Intent to serve as the SEQRA Lead Agency to the Village Planning Board, Village Fire Department, Westchester County Department of Planning, and Town of Mount Pleasant; and WHEREAS, by resolution adopted December 20, 2022, the Board of Trustees set a Public Hearing on the Special Permit to be held at William J. Vescio Community Center, 1 Library Road Briarcliff Manor, at 7:30 PM on January 17, 2023; and WHEREAS, the Village Clerk gave notice of the Public Hearing and as directed by the Board of Trustees, also referred the Proposed Amended Special Permit to neighbors within 500 feet of the Project Site; and WHEREAS, the Board of Trustees held a duly advertised Public Hearing on issuance of the Proposed Amended Special Permit at William J. Vescio Community Center at 7:30 PM, at which time the Board heard oral comments from the public, and representatives of the Applicant, gave the opportunity to be heard to all those wishing to be heard, and adjourned the Public Hearing to February 7, 2023; and WHEREAS, the Village Clerk gave notice of the resumed Public Hearing; and WHEREAS, following the public hearing on January 17, 2023, the Board of Trustees held the public hearing open until February 7, 2023 at which time, after all members of the public wishing to be heard had an opportunity to speak, it was closed; and WHEREAS, pursuant to New York General Municipal Law Sec. 239-m and Westchester County Administrative Code Sec. 277.61 and 277.71, the Application was referred to the Westchester County Planning Board/Department; and WHEREAS, the Westchester County Planning Department responded to the referral by form letter dated December 29, 2022; and 30  WHEREAS, pursuant to Village Code §220-6(C), the Application was referred to the Village Planning Board for its review and recommendation; and WHEREAS, the Village Planning Board responded to the referral by oral report given by the Village Engineer to the Board of Trustees during their January 17, 2023 meeting; and WHEREAS, the Board of Trustees received and reviewed a Short Environmental Assessment Form, Part 2 (“EAF Part 2”) prepared on its behalf by the Village Planning Consultant BFJ Planning for assessment of the adoption of the Amended Special Permit; and WHEREAS, the Board of Trustees considered the Short EAF Part 1, the Short EAF Part 2, oral report from the Village Planning Board, and form letter from the Westchester County Department of Planning dated December 29, 2022, other written submissions, and oral comments made at the Public Hearing; and WHEREAS, the Proposed Action has been subject to a coordinated review by the Board of Trustees as Lead Agency under SEQRA, and the Board of Trustees has concluded that issuance of the Amended Special Permit to the Applicant will not result in any significant adverse environmental impact; and WHEREAS, the Planning Board issued a general recommendation of support for the Proposed Specialty Warehouse Special Permit in its oral report; and WHEREAS, the Board is familiar with the 620 Sleepy Hollow site which is currently improved with the existing Briarcliff Manor Center for Rehab and Nursing; and WHEREAS, issuance of the Amended Special Permit will allow for installation of a new electrical generator to ensure the health and safety of Facility residents and allow better regulation and land use control of the Project Site; and WHEREAS, the Project is an accessory use to the existing Facility and will replace the existing on-site generator, and is consistent with surrounding land uses, and zoning; and 31  WHEREAS, pursuant to the requirements of Village Code Chapter 220- 6D., the Applicant has submitted the requisite information as follows: site plan (§ 220-6.D.1), drainage (§220-6D.2), marketing study (§220-6D.3), Infrastructure and Utility Study (§ 220-6.D.4), traffic (§ 220-6.D.5), municipal service impact study § 220-6.D.6), educational resources impact study § 220-6.D.7), and fiscal impact study § 220-6.D.8); and NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: RESOLVED, the Board of Trustees adopts and incorporates the recitations and statements set forth above as if fully set forth and resolved herein. RESOLVED, in its consideration of the Sapphire HC Realty LLC’s application, the Board of Trustees has reviewed and relied on: 1. Special Permit Application letters prepared by J.P. Ross Engineers dated August 11, 2022 and November 8, 2022, and accompanying Plans, Short Environmental Assessment Form, Parts 1, noise enclosure details and generator specifications and other analyses provided pursuant to §220- 6.D. 2. Oral report from Village Planning Board on January 17, 2023. 3. Letter from the Westchester County Department of Planning dated December 29, 2022. 4. Amended Special Permit EAF, Part 2 prepared by Village Planning Consultants. 5. Presentations and statements made at the Public Hearing(s). RESOLVED, that the Board of Trustees, having heard no objections from the other Involved Agencies, hereby declares itself Lead Agency for the environmental review of the Proposed Action pursuant to the requirements of SEQRA and Part 617 (6NYRR Part 617), the Statewide implementing regulations pertaining to SEQRA. RESOLVED, the Board of Trustees has reviewed the studies provided pursuant to § 220-6.D and has determined that the Proposed Project will not result in significant impacts to the Village; and RESOLVED, in accordance with Article 8 of the State Environmental Conservation Law and 6 NYCRR Part 617, and based upon the review of the Short EAF Parts 1, 2 and 3 and all other application materials that were prepared for this 32  action, the Board of Trustees hereby adopts a Negative Declaration for the Proposed Action and determines that the Proposed Action will not have a significant adverse impact upon the environment as it will not have an adverse impact upon the character of the area, nor will it result in an adverse change in existing air quality, ground or surface water quality or quantity, traffic or noise levels, or result in a material conflict with the Village’s current plans or goals. RESOLVED, the Board of Trustees finds that: 1. The Project will result in the installation of a replacement generator at the existing Briarcliff Manor Center for Rehab and Nursing located at 620 Sleepy Hollow Road. The Facility currently operates under an existing special permit as a “[c]onvalescent or nursing home or homes for the aged” under Village Code §220-6(J)(7) within a R40B Single-family Residence District. Minimal external site modifications are proposed for the installation and operation of the Proposed Project on the Project Site. Namely, the Applicant proposes to remove an existing oil tank and install a new generator in a noise enclosure to the south of the existing building. Protective bollards are proposed around the generator to avoid physical damage to the generator from an existing service drive and landscaping around the generator is also proposed. 2. The proposed generator will be sized to provide power to the Facility for a minimum of 48 hours with a built-in diesel tank and has a power rating of 500 kiloWatts. The proposed generator will run for 30 minutes each week, similar to the existing generator. 3. The Facility’s use of its property and location(s) on the site, the nature and intensity of the operations and traffic in connection with it, the size of the site in relation to it, and the location of the site with respect to the type, arrangement, and capacity of streets giving access to it are in satisfactory harmony with the appropriate and orderly development of the R40B zoning district in which the Facility is located. 4. The location, nature, and height of the generator and enclosure and the nature and extent of the landscaping and screening existing on the site and to be developed under the Proposed Site Plan are such that the Facility does not hinder or discourage the appropriate development and use of adjacent land and buildings. 5. The Facility’s operations are not more objectionable to nearby properties by reason of noise, fumes, vibrations, lighting, than would be the operations of any permitted use on the site not requiring a special permit. 33  6. Parking areas are of adequate size for the Facility’s use of the site, properly located, and suitably screened from any adjoining residential uses, and the entrance and exit drives are laid out so as to achieve maximum safety. 7. The character, intensity, size, and location of the Facility is generally in harmony with the orderly development of the R40B zoning district in which the Project Site is located and will not be detrimental to the orderly development of adjacent districts. 8. The Facility’s operations and improvements on the site under the Proposed Site Plan will not impair the use, enjoyment, or value of adjacent residential properties. 9. The nature and intensity of the Facility and the traffic generated by it is not especially hazardous, incongruous, or detrimental to the prevailing residential character of the neighborhood and the Project will not change the capacity of the Facility or related traffic. 10. The Facility and its existing operations and improvements on the site under the Proposed Site Plan is and will be harmonious with the R40B district in which it is located, does not and will not create undue pedestrian or vehicular traffic hazards, and does not and will not include any display of signs, noise, fumes, or lights that will hinder the normal development of the district or impair the use, enjoyment and value of adjacent land and buildings. 11. The applicable conditions and standards for Special Permit Use set forth in Village Code §220–6J.(7) have been met. RESOLVED, that the Board of Trustees imposes the following conditions on the issuance of an Amended Special Permit to the Facility: 1. Except as otherwise set forth in these conditions or approved by the Board of Trustees in an amendment to the Amended Special Permit, the Briarcliff Manor Center for Rehab and Nursing special permit is conditioned and contingent on the Village Planning Board approval of the Proposed Site Plan in the form set forth in drawing E2 “Electrical Power Site Plan” prepared by J.O. Ross Engineers, as may be modified by the Planning Board during Site Plan review. 2. Except as otherwise set forth in these conditions, no change shall be made on the site to add an improvement or to change the footprint or location of any improvement shown on the Proposed Site Plan Amendment approved by the Village Planning Board (“Site Plan”) unless approval for the addition 34  or change is obtained from the Village Planning Board under Village Code §220–14. 3. All applicable fees, charges, and reimbursements charged to Applicant by the Village on the Village’s review and determination of the Application, the Proposed Action, the Proposed Specialty warehouse Special Permit, the Proposed Site Plan Amendment, and any matter incidental to any of the same shall be paid the before the Specialty Warehouse Special Permit takes effect. RESOLVED, the Board of Trustees grants the Amended Special Permit to Sapphire HC Realty LLC in accordance with the provisions of Village Code §220–6 subject to the terms and conditions of this Resolution and to the Applicant’s: 1. Operation of the Facility in conformity with the requirements of the Village Code with regular, repeated, or continued deviations therefrom constituting a violation of the Amended Special Permit. 2. Use and improvement of the Project Site in conformity with the requirements of the Village Code and as set forth in the Site Plan, with regular, repeated, or continued deviations from the maintenance and improvement of the Project Site as set forth in the Site Plan constituting a violation of the Briarcliff Manor Center for Rehab and Nursing Special Permit. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the foregoing Resolution is hereby adopted. Roll Call: Trustee Mallett Aye Trustee Midgley Aye Trustee Hunt Aye Deputy Mayor Chatzky Aye Mayor Vescio Aye Public Hearing Special Use Permit Amendment Request – Morrell and Company the Wine Emporium LTD, 600 Albany Post Road Upon motion by Deputy Mayor Chatzky, seconded by Trustee Mallett, the Board voted unanimously to open the public hearing. Mr. David Steinmetz, Attorney for the Applicant, gave a brief overview of the proposed changes. He stated they were seeking to add approximately 700 square feet of retail space with limited stock. 35  The Board had general discussion regarding signage, traffic flow, parking and potential future requests for uses. Mr. Mac Taylor, Applicant, stated access to the retail space would be via a doorbell with a small overhead sign to be compliant with the State Liquor Authority regulations and the retail portion of their business was only 5% of their overall sales. He stated approval was still needed for the site by the State. Mr. Alex Lowe of 610 Albany Post Road stated he shared a driveway with the site and asked what the parking plans were for the retail. He stated he had concerns with people using his driveway as a turnaround. Mr. Paul DuMont, Engineer for the Applicant, stated the northern driveway would be used and didn’t see any issues. The Board asked if the applicant would consider directional signage. Mrs. Margaret Midgley of 1 Ivanhoe Place asked if there were any plans for special events. Trustee Midgley stated Margaret was his wife. Mr. Steinmetz stated no special events or advertising was planned for the retail space. The Board directed Counsel to prepare a resolution for consideration at the next meeting. Upon motion by Trustee Mallett, seconded by Deputy Mayor Chatzky, the Board voted unanimously to adjourn the public hearing to Tuesday, February 21, 2023 at 7:30pm. Public Hearing to Renew a Special Use Permit – American Anglican Church Diocese of the Holy Innocents – 680 Albany Post Road Upon motion by Deputy Mayor Chatzky, seconded by Trustee Mallett, the Board voted unanimously to open the public hearing. The Board had general discussion regarding the use of the building and if there was a residence there. Bishop Herzog stated that it was the residence of Sister Nancy Ruth and the use had not changed since their original approval in 2003. The Board had general discussion regarding the number of parking spaces. 36  Upon motion by Trustee Mallett, seconded by Deputy Mayor Chatzky, the Board voted unanimously to adjourn the public hearing to Tuesday, March 7, 2023 at 7:30pm. Board of Trustees Announcements • The Fire Department offered portable generator safety tips and were seeking volunteers to join the department. • The new rescue truck arrived yesterday. Village Manager’s Report • The old rescue truck would be converted to a water department vehicle. • The ice rink is still not frozen and needed freezing temps for several days in order to open. • The online registration system for Recreation and new Village website are being worked on. • A Fiscal Transparency link is on the website. • Stafford Street is now one way. • Work is progressing at the Youth Center with a targeted completion in March. • The oculus will be closed in. • Con Edison and the Sustainability Advisory Committee will be cohosting an event on February 16th. • The siren will be reactivated on Monday, February 13th. Village Engineer’s Report • An extension was granted DEIS for the Meadows at Briarcliff Project in the Town of Mount Pleasant. Potential impacts to the Village are being reviewed. The next hearing is March 30th. • Easements for the Mobility Project are being reviewed. • The bike trail grant project will be rebid. • There are 7 local road improvement projects. • 1050 Pleasantville Road will be demoed in March and the Fire Department has scheduled two training events. • Cross Access 90% drawings were received today. • Tri-Village presentation on February 28th. Committee Reports Recreation Advisory Committee: • A softball clinic is being offered. • There is a survey for the Law Park Pool on the website. All are encouraged to take it. • March 20th Spring Program Registration opens. • March 27th begins camp registration. • April 1st is the Egg Hunt. 37  Library Board: • Many program offerings listed on their website. • Thanks to DPW for repairing the HVAC issues and lights. • The Human Library last year is being used as a model in other libraries. Public Comments Ms. Maureen Petri of 740 Sleepy Hollow Road stated she attended the public hearing for the Meadows at Briarcliff and stated she thought their traffic study was underestimated. She further stated she had concerns with runoff and protecting the lake. Election Resolution for Annual Village Election 2023 Upon motion by Trustee Hunt, seconded by Deputy Mayor Chatzky, the Board voted unanimously to approve the following resolution: BE IT RESOLVED that the Annual Village Election will be held in the Village of Briarcliff Manor at the Library and Community Center (1 Library Road) in said Village on Tuesday, March 21, 2023 between the hours of 6:00am and 9:00pm during which the polls will be open. BE IT FURTHER RESOLVED that the polling places for the Village of Briarcliff Manor, will be designated as follows, the Village’s Single Election District (Town Voting districts #15, #16, #17, #19, #26, #27 and #29) will vote in the Briarcliff Manor Library and Community Center (1 Library Road). Election Inspectors for Village Election March 21, 2023 Upon motion by Deputy Mayor Chatzky, seconded by Trustee Midgley, the Board voted unanimously to approve the following resolution: BE IT RESOLVED that, Celianne Silverstein and Estelle Kersch are hereby appointed Inspectors of Election for the March 21, 2023 Village Election. BE IT FURTHER RESOLVED that Celianne Silverstein is hereby designated as Inspector of Election and Chairperson. BE IT FURTHER RESOLVED that Rhonda, Alomar, Georgina Gualdino, Stephanie Volkell, Elizabeth Mackey, Joyce Perlmutter, Shannon Reilly, and Audrey May are hereby appointed as Alternate Inspectors of Election. BE IT FURTHER RESOLVED that the compensation for each Inspector of Election other than the Inspector designated as Chairperson is hereby fixed at 38  Three Hundred and Fifty ($350) dollars per day or prorated to $22 per hour worked if necessary. BE IT FURTHER RESOLVED that the compensation for the Inspector of Election that is designated as Chairperson shall be Three Hundred Seventy-Five ($375) dollars per day. Authorize Village Manager to Execute an Agreement with the Town of Ossining – Tax Issue at 1050 Pleasantville Road Upon motion by Deputy Mayor Chatzky, seconded by Trustee Midgley, the Board voted unanimously to approve the following resolution: BE IT RESOLVED that the Village Manager is hereby directed and authorized to execute an agreement with the Town of Ossining and the Briarcliff Manor Union Free School District regarding a tax issue related to the purchase and tax exemption of 1050 Pleasantville Road as of May 31, 2022 subject to non-material changes. Roll Call: Trustee Mallett Aye Trustee Midgley Aye Trustee Hunt Aye Deputy Mayor Chatzky Aye Mayor Vescio Aye Renaming of Horticultural Advisory Committee and Environmental Sustainability Advisory Committee Upon motion by Deputy Mayor Chatzky, seconded by Trustee Mallett, the Board voted unanimously to approve the following resolution: WHEREAS on June 7, 2022 the Board of Trustees created the Environmental Sustainability Advisory Committee and the Horticultural Advisory Committee; and WHEREAS the Board of Trustees has decided alternate names are better suited to the committee’s respective mission statements; and NOW, THEREFORE BE IT RESOLVED that the Horticultural Advisory Committee is hereby renamed the Environmental Advisory Council and the Environmental Sustainability Advisory Committee is hereby renamed the Sustainability Advisory Committee effective immediately. Schedule a Public Hearing to Amend Chapter 202-7, Tree Preservation Board 39  Upon motion by Deputy Mayor Chatzky, seconded by Trustee Hunt, the Board voted unanimously to approve the following resolution: BE IT RESOLVED that a Public Hearing is hereby scheduled for the February 21, 2023 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 202, Trees. Award of Bid – HVAC Upon motion by Trustee Hunt, seconded by Trustee Midgley, the Board voted unanimously to approve the following resolution: WHEREAS the Village received 3 bids for HVAC Maintenance Services (VM- 2223-7); and NOW, THEREFORE, BE IT RESOLVED that the bid for HVAC Maintenance Services (VM-2223-7); is hereby awarded to the lowest responsible bidder, Clean Air Quality Services, Inc. with their annual maintenance bid in the amount of $26,978.00 and their Item Quantity Service proposal as follows: Business Hours: $140 per hour After Hours: $193 per hour Parts/Specialty Equipment Mark-up: 20% BE IT FURTHER RESOLVED that the Village Manager is hereby authorized and directed to execute a one-year contract with Clean Air Quality Services, Inc. for said project with the ability to renew for four consecutive years. Roll Call: Trustee Mallett Aye Trustee Midgley Aye Trustee Hunt Aye Deputy Mayor Chatzky Aye Mayor Vescio Aye Appointment of Police Officer Upon motion by Deputy Mayor Chatzky, seconded by Trustee Hunt, the Board voted unanimously to approve the following resolution: BE IT RESOLVED that John Conklin of Briarcliff Manor, New York is hereby appointed, effective February 13, 2023, to the position of Police Officer Grade 2 40  to be paid at an annual salary of $114,500.60 as per the Village of Briarcliff Manor PBA Collective Bargaining Agreement salary scale effective June 1, 2022. BE IT FURTHER RESOLVED that the Village Manager will undertake the necessary administrative steps to get Office Conklin appointed. Roll Call: Trustee Mallett Aye Trustee Midgley Aye Trustee Hunt 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 January 17, 2023 as amended. Adjournment Upon motion by Trustee Hunt, seconded by Deputy Mayor Chatzky, the Board voted unanimously to adjourn the regular meeting at 8:57pm. Respectfully Submitted By, Christine Dennett Village Clerk 41