Mayor & Board of Trustees

Village Board of Trustees Regular Meeting June 17, 2025 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 17th of June, 2025 commencing at 7:30 p.m. Present Peter S. Chatzky, Acting Mayor Kevin Hunt, Trustee Malcolm Netburn, Trustee Also Present Josh Ringel, Village Manager Christine Dennett, Village Clerk/Assistant Village Manager via zoom Josh Subin, Village Attorney Absent Steven A. Vescio, Mayor Rhea Mallett, Trustee Pledge of Allegiance Continued Public Hearing to Renew a Special Use Permit Briarcliff Congregational Church Acting Mayor Chatzky gave a brief synopsis of the proposed changes. There were no public comments. Upon motion by Trustee Netburn, seconded by Trustee Hunt, the Board voted unanimously to close the public hearing. Upon motion by Acting Mayor Chatzky, seconded by Trustee Netburn, the Board voted unanimously to approve the following resolution: WHEREAS, by Resolution adopted July 13, 1995 ("Original Resolution"), the Board of Trustees of the Village of Briarcliff Manor issued a Special Use Permit for operation of a nursery school to the Briarcliff Congregational Church ("Special Use Permit"), and by subsequent resolutions, most recently amended in 2019, the Board of Trustees renewed the Special Use Permit subject to the same and additional conditions included in the Original Resolution subject to the conditions set forth therein, for a period of five (5) years at 30 South State Road, Briarcliff Manor, New York (the “Premises”); and WHEREAS, by Resolution adopted in or about 2008, the Board of Trustees clarified the permitted uses under the Special Use Permit included allows operation 1 of a nursery school; and WHEREAS, by Resolution adopted March 12, 2019 the Village of Briarcliff Manor Planning Board granted Amended Site Plan Approval for the Church; and WHEREAS, the said Special Permit, has been renewed from time to time by the Village Board, most recently on July 13, 2020; and WHEREAS, by letter dated May 6, 2025, the Church has applied to the Board of Trustees to renew its said Special Permit for an additional five years; and WHEREAS, the Board of Trustees held a duly noticed public hearing on June 3, 2025, at 7:30pm and continued it to June 17, 2025 at 7:30 pm at which time the public was invited to provide comments on the Special Use Permit; and WHEREAS, the Board of Trustees has previously reviewed a Short Environmental Assessment Form submitted by the Applicant and determined that the Project is an Unlisted action in accordance with the New York State Environmental Quality Review Act (“SEQRA”). NOW THEREFORE, BE IT RESOLVED THAT, in accordance with SEQRA, the Board of Trustees hereby determines that the proposed action will not have a significant impact upon the environment as it will not significantly alter the existing use of the Premises and it will not have an adverse impact upon the character of the area; and BE IT FURTHER RESOLVED THAT the Special Use Permit for the Church is hereby renewed subject to the same conditions included in the original Special Use Permit approval dated July 13, 1995, as renewed and amended from time to time, said Special Use Permit renewal shall be renewed July 13, 2025 and shall extend to July 12, 2030; and BE IT FURTHER RESOLVED THAT should the Church desire to renew this Special Use Permit for another five-year period, commencing in 2030, the Church shall be responsible for requesting the renewal at least sixty (60) days prior to the expiration of the Special Use Permit; and BE IT FURTHER RESOLVED THAT, the violation of any term or condition of this Resolution or the Special Use Permit as renewed, shall place the Special Use Permit and any associated Certificate of Occupancy in jeopardy and subject to revocation by the Village; and BE IT FURTHER RESOLVED THAT except as otherwise provided herein, all other terms and conditions of the Special Use Permit as amended and renewed from time to time shall remain in full force and effect. 2 Continued Public Hearing to Renew a Special Use Permit Scarborough Presbyterian Church Acting Mayor Chatzky gave a brief synopsis of the proposed changes. There were no public comments. Upon motion by Trustee Hunt, seconded by Trustee Netburn, the Board voted unanimously to close the public hearing. Upon motion by Trustee Netburn, seconded by Trustee Hunt, the Board voted unanimously to approve the following resolution: WHEREAS, by Resolution adopted June 27, 1985, the Board of Trustees of the Village of Briarcliff Manor issued a Special Use Permit to the Scarborough Presbyterian Church (“Church”) to operate a nursery school facility for young children with their instructors (the “Nursery School”), subject to the conditions set forth therein, for a period of five (5) years at 671 Scarborough Road, Briarcliff Manor, New York (the “Premises”); and WHEREAS, by Resolution adopted March 11, 2003 the Village of Briarcliff Manor Planning Board granted Site Plan Approval for the Church; and WHEREAS, the said Special Permit, has been renewed from time to time by the Village Board, most recently on July 11, 2021 retroactively to June 27, 2021; and WHEREAS, by letter dated March 12, 2025, the Church has applied to the Board of Trustees to renew its said Special Permit for an additional five years; and WHEREAS, the Board of Trustees held a duly noticed public hearing on June 3, 2025, at 7:30pm and continued it to June 17, 2025 at 7:30 pm at which time the public was invited to provide comments on the Special Use Permit; and WHEREAS, the Board of Trustees has previously reviewed a Short Environmental Assessment Form submitted by the Applicant and determined that the Project is an Unlisted action in accordance with the New York State Environmental Quality Review Act (“SEQRA”). NOW THEREFORE, BE IT RESOLVED THAT, in accordance with SEQRA, the Board of Trustees hereby determines that the proposed action will not have a significant impact upon the environment as it will not significantly alter the existing use of the Premises and it will not have an adverse impact upon the character of the area; and BE IT FURTHER RESOLVED THAT the Special Use Permit for the Church is hereby renewed subject to the same conditions included in the original 3 Special Use Permit approval dated June 27, 1985, as renewed and amended from time to time, said Special Use Permit renewal shall be renewed June 27, 2025 and shall extend to June 27, 2030; and BE IT FURTHER RESOLVED THAT should the Church desire to renew this Special Use Permit for another five-year period, commencing in 2030, the Church shall be responsible for requesting the renewal at least sixty (60) days prior to the expiration of the Special Use Permit; and BE IT FURTHER RESOLVED THAT, the violation of any term or condition of this Resolution or the Special Use Permit as renewed, shall place the Special Use Permit and any associated Certificate of Occupancy in jeopardy and subject to revocation by the Village; and BE IT FURTHER RESOLVED THAT except as otherwise provided herein, all other terms and conditions of the Special Use Permit as amended and renewed from time to time shall remain in full force and effect. Public Hearing to Add Chapter 40, Notifications of Defect Upon motion by Trustee Netburn, seconded by Trustee Hunt, the Board voted unanimously to open the public hearing. Village Counsel Subin explained the proposed legislation. There were no public comments. Upon motion by Trustee Hunt, seconded by Trustee Netburn, the Board voted unanimously to adjourn the public hearing to July 1, 2025 at 7:30pm. Board of Trustees Announcements  Volunteer to join the Fire Department and Ambulance Department.  Various firework displays coming up on June 28th and July 4th. Village Manager’s Report  No report. Committee Report  No report. Public Comments Mr. Sal Maglietta of Schrade Road stated he had experience with public/private partnerships and the Board’s proposal would do wonders for the Village. He further stated at the last meeting a resident spoke about BESS’s and noted big concerns. He stated the proposed solar farm needed a BESS to make it economically feasible and the project was a square peg in a round hole. He stated it did not belong in a residential community. 4 Adoption of Final Scoping Document for Preparation of Draft Environmental Impact Statement for Briarcliff Solar, LLC – 345 Scarborough Road Village Planning Consultant, Sarah Yackel gave a summary of the scoping document and stated the comments were incorporated into the final document. Mr. William Null, Attorney for the Applicant, stated there was not a BESS component of their project. He stated they were required to study other financially feasible alternatives as a requirement for SEQRA. He reviewed the draft scope. The Board had general discussion regarding next steps and necessary filings. Upon motion by Trustee Netburn, seconded by Trustee Hunt, the Board voted unanimously to approve the following resolution: State Environmental Quality Review Adoption of Final Scope for Preparation of a Draft Environmental Impact Statement 345 Scarborough Road, Briarcliff Manor, NY 10510 Date: June 17, 2025 WHEREAS, the Board of Trustees of the Village of Briarcliff Manor, Westchester County, New York, received an application for Special Permit approval pursuant to Village Code Chapter 220-6.J.(15) Large-scale solar collection system ("solar farms") for the proposed construction of a 15-megawatt (MW) direct current (dc) / 10-MW alternating current (ac) ground mounted solar photovoltaic (PV) system (the “Proposed Project”) to be located at 345 Scarborough Road (parcel Nos: 97.16-1-1 & 97.12-1-9) in the Village of Briarcliff Manor (the “Project Site”) by Briarcliff Solar LLC (the “Applicant”); WHEREAS, the Applicant will also seek Site Plan approval for the Proposed Project from the Planning Board pursuant to Village Code Section 220-14; WHEREAS, the Applicant will also seek a Steep Slope Permit for the Proposed Project from the Planning Board pursuant to Village Code Section 220-15; and WHEREAS, the Applicant may seek a potential Wetland Permit from the Planning Board pursuant to Village Code Chapter 218; and WHEREAS, collectively these approvals are known as the “Proposed Action;” and 5  WHEREAS, pursuant to 6 NYCRR Part 617 (“SEQRA”) the Proposed Action is classified as a Type I Action pursuant to SEQRA Part 617.4(b)(6) and 617.4(4)(b)(9); and WHERAS, after conducting a coordinated review and having received no objection from any other Involved Agency, the Board of Trustees declared itself SEQRA Lead Agency on December 6, 2022; and WHEREAS, after reviewing the Full EAF Parts 2 and 3 (dated May 11, 2023), the Board of Trustees adopted a resolution dated May 16, 2023, issuing a Positive Declaration under SEQRA requiring the preparation of a Draft Environmental Impact Statement (DEIS) and a draft Scoping Document outlining the scope of contents to be studied in the DEIS; and WHEREAS, the Board of Trustees conducted a public scoping process and held a publicly noticed scoping session at the William J. Vescio Community Center, 1 Library Road, Briarcliff Manor which was opened on April 1, 2025, and was continued until April 15, 2025, at which time the Board of Trustees closed the scoping session and allowed an additional ten (10) days, until April 26, 2025, for the submission of written comments; and WHEREAS, the Board of Trustees received a revised Final Scoping document dated June 3, 2025 incorporating comments received during the scoping process and discussed said scope at a work session meeting held on June 3, 2025; and WHEREAS, a Final Scope dated June 12, 2025, addressing additional Board comments was submitted to the Board of Trustees and discussed at a regular meeting held on June 17, 2024; and NOW THEREFORE BE IT RESOLVED, that pursuant to 6 NYCRR Part 617, State Environmental Quality Review Act, the Village of Briarcliff Manor Board of Trustees hereby adopts the Final Scope dated June 12, 2025, and directs the Applicant to prepare a DEIS in conformance with the Final Scope; and BE IT FURTHER RESOLVED, that pursuant to 6 NYCRR Part 617.12 (c), the Final Scope will be posted to the New York State Department of Environmental Conservation Environmental Notice Bulletin (ENB) and be posted to the Villages Official website – www.briarcliffmanor.gov. Battery Energy Storage Systems – Moratorium Extension Upon motion by Trustee Hunt, seconded by Trustee Netburn, the Board voted unanimously to approve the following resolution: 6  WHEREAS, on October 15, 2024, Village Board of Trustees of the Village of Briarcliff Manor (the “Village Board”) adopted Local Law No. 17 of 2024, entitled A LOCAL LAW TO IMPOSE A MORATORIUM ON BATTERY ENERGY STORAGE SYSTEM FACILITIES, (the “Moratorium Local Law”); and WHEREAS, the Moratorium Local Law was filed with the New York Secretary of State on, and is effective as of October 17, 2024; and WHEREAS, the Moratorium Local Law as adopted established a moratorium on development of Battery Energy Storage Systems (“BESS”) within the Village of Briarcliff Manor in accordance with its terms, a copy of said Moratorium Local Law is annexed to and made a part of this resolution (the “Moratorium”); and WHEREAS, the Moratorium was deemed necessary (i) to provide adequate time for the Village to conduct an appropriate study of BESS, (ii) to prepare recommendations related to BESS, including additions or amendments to the Village’s Zoning Law, (iii) for the Village Board and other involved boards and agencies, and the public to fully and carefully consider these recommendations, and (iv) if applicable, for the Village Board to enact these recommendations; and WHEREAS, the Moratorium was established for a period of one hundred eighty (180) days subject to extension by two (2) additional periods of up to ninety (90) days each by unanimous resolution of the Village Board of Trustees upon a finding of the necessity for such extension; and NOW THEREFORE, BE IT RESOLVED that the Board of Trustees of the Village of Briarcliff Manor does hereby find that additional time is required for its review of the subject of the Moratorium and finds that same constitutes a finding of necessity for such extension, and hereby approves the second ninety (90) day extension of the Moratorium to expire on October 15, 2025. Authorize Village Manager to Execute an Agreement: Lower Hudson Valley EAP Upon motion by Trustee Hunt, seconded by Trustee Netburn, the Board voted unanimously to approve the following resolution: BE IT RESOLVED, that the Board of Trustees of the Village of Briarcliff Manor hereby authorizes the Village Manager to execute the agreement with Lower Hudson Valley Building & Construction Trades Employee Assistance Program (E.A.P.) for the period beginning June 1, 2025, subject to review by counsel, and to take all steps necessary to effectuate the intent and purpose of this resolution. Authorize Village Manager to Execute an Agreement: Lease Agreement for Temporary Library Space 7 Upon motion by Trustee Netburn, seconded by Trustee Hunt, the Board voted unanimously to approve the following resolution: BE IT RESOLVED, that the Board of Trustees of the Village of Briarcliff Manor hereby authorizes the Village Manager to execute the lease agreement with JAM 555 Storage, LLC for the lease of Premium Office Suites A, B, and C located at 555 Pleasantville Road, Briarcliff Manor, NY 10510, for use by the Briarcliff Manor Public Library, subject to review by Village counsel and the Village's insurance carrier, and to take all steps necessary to effectuate the intent and purpose of this resolution. Roll Call: Trustee Hunt Aye Trustee Netburn Aye Acting Mayor Chatzky Aye Award of Bid VM2425-10 Library HVAC Replacement Upon motion by Trustee Hunt, seconded by Trustee Netburn, the Board voted unanimously to approve the following resolution: WHEREAS the Village received 6 bids for Library HVAC Project (VM-2425-10); and NOW, THEREFORE, BE IT RESOLVED that the bid for Library HVAC Project (VM-2425-10); is hereby awarded to Bertussi Contracting per their bid of $1,088,088 from budget code H7410.201.25271; and BE IT FURTHER RESOLVED that the Village Manager is hereby authorized and directed to execute a contract with Bertussi Contracting for said project. Roll Call: Trustee Hunt Aye Trustee Netburn Aye Acting Mayor Chatzky Aye Award of Bid VM2324-08 River Road Intersection Widening Upon motion by Trustee Netburn, seconded by Trustee Hunt, the Board voted unanimously to approve the following resolution: WHEREAS the Village received 3 bids for the River Road Intersection Widening Project (VM-2324-08); and 8 NOW, THEREFORE, BE IT RESOLVED that the bid for the River Road Intersection Widening Project (VM-2324-08) is hereby awarded to Costas Construction per their bid of $144,690 from budget code H5110.201.23481; and BE IT FURTHER RESOLVED that the Village Manager is hereby authorized and directed to execute a contract with Costas Construction for said project. Roll Call: Trustee Hunt Aye Trustee Netburn Aye Acting Mayor Chatzky Aye Capital Budget Transfers FY 24/25 Upon motion by Trustee Hunt, seconded by Trustee Netburn, the Board voted unanimously to approve the following resolution: BE IT RESOLVED that the Board of Trustees does hereby authorize the following capital budget transfers for FY 24/25 and FY 25/26 as follows: A. Capital Projects require additional funding from Gen Fund Balance Increase: A0102.5031 Transfer in from General FB $2,997.96 A9901.910 Transfer to Capital 2,997.96 Increase: H0102.5032 Transfer in from Gen Fund $2,997.96 Decrease: H1680.201.25170 Library and Pocket Park Re-Pl $ 2,219.04 Decrease: H1680.201-25181 Munis TCM and ESS 583.00 Increase H1230.201.25183 Electric Vehicle Chargers-Library 5,800.04 B. Capital Projects transfer funds Decrease: H1230.201.25131 Traffic Safety-General Projects $ 775.00 Increase H1230.201.26131 Traffic Safety-General Projects(25/26) 775.00 Decrease: H3410.201.23631 SCBA Pack & Bottle Replcmnt $115,000.00 Increase H3410.201.24631 SCBA Pack & Bottle Replcmnt 115,000.00 Decrease: H7110.201.25781 Neighborhood Park Front Entrnc $24,607.00 Increase H7110.201.25782 Tennis Courts-Crack Repair 10,800.00 Increase H7110.201.25780 Law Park Playground 145.00 Increase H9901.960 Transfer to General Fund 13,662.00 C. 24/25 Capital Projects completed, available balances will close to Debt Service and then project will close 9  H1680.201.24132 IT Replacement 23-24 $262.50 H1230.201.25131 Traffic Safety-General Projects 0.00 H1230.201.25150 Purchase 64 Old Sleepy Hllw Rd 0.00 H1230.201.25100 Electric Pool Car 0.00 H3410.201.23631 SCBA Pack & Bottle Replcmnt 0.00 H7110.201.25781 Neighborhood Park Front Entrnc 0.00 H8397.201.24489 EPA Lead Service Inventory 0.00 H8397.201.25571 Water Tanks (Rsclff/EdthMcy) 0.00 Roll Call: Trustee Hunt Aye Trustee Netburn Aye Acting Mayor Chatzky Aye Board Appointment – Zoning Board of Appeals The Board thanked both Members for volunteering and welcomed Conor back to the Village. Upon motion by Trustee Netburn, seconded by Trustee Hunt, the Board voted unanimously to approve the following resolution: BE IT RESOLVED, that the Board of Trustees of the Village of Briarcliff Manor hereby appoints Conor Savage as a Zoning Board of Appeals Member for an unexpired term to expire on April 1, 2029. BE IT RESOLVED, that the Board of Trustees of the Village of Briarcliff Manor hereby appoints Justin Giffuni as the Zoning Board of Appeals Alternate Member for an unexpired term to expire on April 1, 2026. Minutes Upon motion by Trustee Netburn, seconded by Trustee Hunt, the Board voted unanimously to approve the minutes of the June 3, 2025 Regular Meeting. Adjournment Georgina Gualdino is retiring on June 20th after serving the Village for twenty years. She is the face of the Building Department and her dedication will be greatly missed. Lauren Gualdino will be stepping into her position and Georgina will stay on part time. Best of luck to Georgina in her next role of grandparent. Upon motion by Trustee Hunt, seconded by Trustee Netburn, the Board voted unanimously to adjourn the Regular Meeting at 8:21pm. Respectfully Submitted By, 10 Christine Dennett Village Clerk/Assistant Village Manager 11