Board of Trustees

Minutes of the meeting of the Board of Trustees of the Incorporated Village of Hewlett Bay Park held on Monday, October 24, 2022 at 6:00 PM at Village Hall, 30 Piermont Avenue, Hewlett New York 11557. Members of the public also were permitted to observe and participate. The public had a right to speak at this meeting. 1. Calling the Meeting to Order: Deputy Mayor Oliviero called the meeting to order at 6:00 PM 2. Roll Call: Present- Deputy Mayor Antonio Oliviero Trustee Jay Levy Trustee Renee Zylberberg Trustee Michael Davidov- arrived 6:10 (beginning of item 6) Mayor Alex Salomon- observed on Zoom and did not participate in the vote on any motion Village Clerk Michelle Blandino Village Attorney Brian Stolar 3. Notice of Meeting – Nassau Herald: The Clerk reported that notice of the meeting was emailed to the Nassau Herald, posted on the bulletin board outside of Village Hall and in the lobby of Village Hall and posted on the Village website. 4. Minutes- Minutes of the Special Meeting on October 21, 2022 On motion by Deputy Mayor Oliviero, seconded by Trustee Zylberberg, and approved unanimously (with Mayor Salomon not voting and Trustee Davidov not yet present), the Board dispensed with the reading of the October 21, 2022 minutes as the Clerk had previously mailed such minutes and they are hereby approved. 5. HALB Resolution On motion duly made by Trustee Zylerberg, seconded by Deputy Mayor Oliviero, and adopted unanimously (with Mayor Salomon not voting and Trustee Davidov not yet present), the Board adopted the following resolution: Application of The Hebrew Academy of Long Beach, 291 Meadowview Avenue, Hewlett Bay Park, New York, to construct a fire access road in connection with a new gymnasium and classroom space, which proposed fire access road construction requires an amendment of a special use permit pursuant to Village Code §§146-9(B) and 146-24.3, and a variance or waiver of Village Code §146-24.2(E), to permit impervious surface coverage to be 25.1%, where a maximum of 15% is permitted. Previously, the Board had granted a special use permit amendment and variances/waivers related to the construction of the gymnasium, classroom space and parking area. Premises are designated as Section 42, Block L, Lot 1 on the Nassau County Land and Tax Map. --------------------------------------------------------------------------------------------------------------------- On motion by Trustee Zylberberg, seconded by Trustee Levy and unanimously carried the Board adopted the following resolution; DECISION The Hebrew Academy of Long Beach (HALB) has filed this application to the Board of Trustees (Board) of the Village of Hewlett Bay Park (HBP), which has jurisdiction over this application pursuant to Village Code Chapter 131 and §146-24.3. As required by law, the Board has held a public hearing with respect to this application. At the hearing, the applicant submitted documentation and testimony in support of the application, and various interested persons appeared and commented with respect to the application. Interested members and the public expressed their comments. Upon consideration of the comments from the Board and residents, HALB withdrew that portion of its application to relocate softball field and this determination includes this modification. As Lead Agency for review of the proposed action pursuant to the State Environmental Quality Review Act the Board has reviewed the Environmental Assessment Form submitted with the application and has classified this application as an Unlisted matter. The Board’s determination of significance is made herein. The Board has given due and proper consideration to the application, the relevant laws and regulations, and the comments and information provided to the Board at the public hearings held with respect to this application, and finds and concludes as follows: 1. The subject property (Premises) is located in the Village’s Residence A zoning district. The property presently is improved with two 2-story brick school buildings, a gymnasium, classroom facilities, softball field, and various appurtenant facilities, including a playground, driveways and parking areas. The Premises presently are used for educational and religious uses, consisting of a private religious school and ancillary activities. 2. The current uses of the property largely predate the enactment of the Village zoning regulations presently applicable to the Premises. Those current uses commenced subsequent to litigation between HALB and the Village, and were initiated pursuant to the terms and conditions of a stipulation of settlement of that litigation. Most of the terms and conditions of that stipulation are no longer in effect due to the passage of time and the substance of those terms and conditions. As a consequence of this history, and various subsequent applications by HALB to the Village after the enactment of the current zoning regulations, HALB’s current uses of the Premises, had consisted of legal non-conforming uses, with some changes authorized by actions of the Village subsequent to the enactment of the current zoning regulations, including uses permitted in accordance with the Board’s November 16, 2015 decision (the “2015 Decision”) and decisions issued in 2005, 2006 (additional parking area), and 2015 (various modifications, including the reduction in lot area on account of a subdivision of a portion of the premises),  whereby the Board has granted certain variances and a conditional use permit authorizing the current use and development of the premises. 3. In 2021, HALB applied for a special use permit amendment and variances to demolish the existing gymnasium, construct a new gymnasium, classroom space, parking area and softball field. The proposed softball field was removed from that application. In May 2021, the Board approved the application subject to specific conditions. 4. As explained by the applicant, subsequent to that approval, and during the process of obtaining a building permit for the 2021 approved construction, the Nassau County Fire Marshal advised HALB that a new emergency fire access road, in accord with the New York State Uniform Code requirements for fire access roads, would be required. 5. By this application, HALB now seeks an amendment of the special use permit and a variance to permit the concomitant increase in impervious coverage, to construct the fire access road. 6. HALB represented that the access road gate will be estate style black aluminum, is not to be used for ordinary use, will be locked at all times except when access is required by emergency personnel, and will only be used for emergency access purposes. Supplementing the gate and the visual perspective along Piermont Avenue, HALB will install a 4 foot high estate fence with a landscape screen, and that the landscape screen will be designed and depicted in a landscape plan to be approved by the Village Building Department. As a regulatory requirement, in conjunction with the fire access road, HALB advised that an “FDC” sign is required, and that such sign will be placed in a location on the premises, and not in the right- of-way and such location shall be identified in an amendment to the plan approved herein. 7. The Board has considered the details of the proposed emergency fire access road, the proposed gate in front across the access road, and the new fencing and landscaping along Piermont Avenue and Veeder Drive, of the Premises, the Environmental Assessment Form submitted with this application, and the various comments of the Village’s consultants and the public. The Board hereby makes the following Findings and Conclusions with respect to classification and significance of the proposed action and, based upon those Findings and Conclusions hereby determines that the proposed action will not have a significant adverse environmental impact (Negative Declaration), and that no further environmental impact review is required for this matter: a. the proposed action is an Unlisted action under the State Environmental Quality Review Act and its regulations; b. the Board is the lead agency with respect to environmental review of this proposed action; c. the Board has considered the following factors, and made the following conclusions, in respect to its review of the environmental impacts of the proposed action, taking into consideration that the Board will impose reasonable conditions on any relief granted with respect to this application and that such conditions will address the various minor impacts which may be a consequence of that relief: i. the proposed action would not result in any substantial adverse change in existing air quality, ground or surface water quality or quantity, traffic or noise levels, nor any substantial increase in solid waste production, nor create a substantial increase in the potential for erosion, flooding, leaching or drainage problems; ii. the proposed action would not result in the removal or destruction of large quantities of vegetation or fauna, substantial interference with the movement of any resident or migratory fish or wildlife species, impacts on a significant habitat area, substantial adverse impacts on a threatened or endangered species of animal or plant, or the habitat of such a species, or other significant adverse impacts to natural resources; iii. the proposed action would not impair the environmental characteristics of any Critical Environmental Area; iv. the proposed action would not conflict with the community’s current plans or goals as official approved or adopted; v. the proposed action would not impair the character or quality of important historical, archeological, architectural or aesthetic resources or of existing community or neighborhood character; vi. the proposed action would not result in a major change in the use of either the quantity or type of energy; vii. the proposed action would not create a hazard to human health; viii. the proposed action would not create a substantial change in the use, or intensity of use, of land, including agricultural, open space or recreational resources, or in its capacity to support existing uses; ix. the proposed action would not encourage or attract large numbers of persons to any place for more than a few days, compared to the number who would come to such place without such action; x. the proposed action would not create changes in two or more elements of the environment, no one of which would have a significant impact on the environment, but when taken considered together would result in a substantial adverse impact on the environment; xi. the proposed action would not create substantial adverse impacts when considered cumulatively with any other actions, proposed or in process; xii. the proposed action would not result in substantial adverse impact with respect to any relevant environmental consideration, including noise, aesthetics, traffic, air quality, water quality or adequacy of water supply, drainage, soil conditions, or quality of life in the community in general and the immediate neighborhood in particular; 8. With respect to the impervious surface, as discussed below and subject to the conditions herein, the Board concludes that the benefit to the applicant outweighs any detriment to the neighborhood. 9. Subject to the conditions below, the proposed site modifications related to the emergency access road will be consistent and in harmony with the development in the neighborhood, and thus will not adversely affect the quality of life in the neighborhood, nor otherwise impact adversely on the character of the neighborhood or community. 10. After consideration of the testimony and proof adduced at the public hearings, and other relevant information known to the Board or appearing in the public record, the Board finds and concludes that if the application for an impervious coverage variance was to be granted in accordance with the plans prepared by JAG Architect, entitled “HEBREW ACADEMY OF LONG BEACH, PROPOSED SITE PLAN”, dated 2.17.2020, last revised 09.09.2022 (the “Plans”), subject to reasonable conditions as stated herein, a. the benefit to the applicant if the variance is granted outweighs any minimal detriment to the health, safety and welfare of the neighborhood or community; b. no undesirable change will be produced in the character of the neighborhood nor any detriment to nearby properties will be created by the granting of the requested variances, all of which are “area variances”; c. the benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance; d. the requested area variance is not substantial; e. the proposed variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and f. although the alleged difficulty encountered by the applicant is self-created, this factor alone is not sufficient under the circumstances to preclude the granting of the requested variances; and g. the variance granted hereinafter is deemed by the Board to be the minimum variance necessary and adequate to meet the needs of the applicant and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community. 11. With respect to the application for permission to amend the existing special use permit authorizing an emergency access road in connection with the religious and educational use on the Premises, the Board finds and concludes that, subject to the conditions stated herein, the proposal will not result in any significant adverse effect on the public health, safety and general welfare, will be consistent with the overall plan for land use in the Village, and will not create any significant impacts on traffic, noise, use of local facilities, infrastructure or services. Accordingly, the requested special use permit amendment is granted, subject to the conditions stated in this resolution of approval. 12. In granting all or any part of the relief sought by the applicant, the Board has authority to impose such reasonable conditions and restrictions as are directly  related to the proposed use and development of the Premises, and such conditions and restrictions accordingly are included in the terms and conditions of the approvals granted herein, as set forth hereinafter. 13. The foregoing approvals are subject to the following terms and conditions, which shall remain in effect with respect to the applicant, its heirs, successors and assigns as owners of all or any part of the Premises until cancelled, amended or modified as provided herein: a. The construction shall comply with the Plans, as modified to incorporate the modifications required herein; b. The emergency fire access road shall be used only for fire and similar emergency purposes. The road shall not be used as a construction entrance and shall not be used by HALB for any purpose not approved herein. Notwithstanding the aforesaid, HALB may utilize and perform work as necessary to provide for an accessible and functional roadway for emergency purposes and to maintain drainage features along the roadway; c. Construction vehicles must use the main entrance to the premises at the corner of Meadowview Avenue and Piermont Avenue. All construction vehicles and materials must be stored on site during construction, and not in the public right-of-way. d. Drainage improvements and facilities shall be constructed as required by the Building Department for any element of construction resulting in a conversion of grass to pervious or impervious materials; e. Fencing shall be in accord with the proposed plans, to include 4 foot high black aluminum fencing along the exterior of the Premises at the locations shown in the approved plans; f. all existing conditions and covenants of record with respect to the Premises, or any portion thereof, shall remain in effect according to their terms; g. except as approved herein, all construction and use of the Premises shall conform to the Village zoning regulations, and no permits shall be requested or be approved for any construction or use of the Premises other than in compliance with the applicable zoning regulations of the Village in effect at the time of permit issuance; h. the owner(s) of the Premises, or any part thereof, shall maintain the same in good condition and in accordance with the reasonable requirements of the Village at all times, prior to and subsequent to the conveyance of one or both of the residential lots; i. HALB and its successors will not use, or permit the use of, the Premises during the months of July and August for regularly scheduled weekend outdoor activities; j. the amended special use permit granted herein shall not be deemed or interpreted to permit religious services to be conducted on the Premises, or any part thereof, except as part of the operation of the authorized educational use of the Premises. Any other use of the Premises or any part thereof for religious services shall require a special use permit from the Village as provided in the Village Code; k. no part of this decision shall be deemed to relieve HALB or its successors in interest from any existing obligations or restrictions as contained in a certain stipulation of settlement in the litigation entitled “The Hebrew Academy of Long Beach v. Incorporated Village of Hewlett Bay Park, et al.”, United  States District Court, Eastern District of New York, case number 93 Civ. 3607, dated March 22, 1994; l. within six (6) months of obtaining building permits to perform the work approved herein and in the 2021 approval, and prior to obtaining any certificate of completion for the work herein or the 2021 approval, HALB shall submit to the Building Department and the Board of Trustees and obtain Building Department approval, subject to review and comment by the Board of Trustees, for a landscape plan that will provide adequate and appropriate evergreen screening and a fence to minimize visibility of the approved improvements, along the Piermont Avenue and Veeder Drive frontages. The fencing and landscape screening required by such plan must be installed as directed by the Building Department and shall be maintained by HALB in good condition at all times. At any time within six months after the installation of the landscape screening as directed by the Building Department, the Building Department may review the Premises, and direct the installation of additional landscape screen if the existing screening is insufficient to adequately screen the improvements from view off the site. Upon being notified of any direction to install such additional screening, the owner shall promptly comply and such additional screening shall also be maintained in good condition at all times; m. Applicant shall replace the existing fencing along Veeder Avenue with a four (4) foot high aluminum estate fencing, and shall move the existing plantings along Veeder Avenue in accordance with a landscape plan approved by the Building Inspector. The plantings along Veeder Avenue shall be subject to the same installation and maintenance obligations as provided in paragraph l.; n. Applicant shall obtain a building permit within 3 years of the filing of this Decision with the Village Clerk, and complete the construction approved herein and in the 2021 approval within 2 years of the issuance of a building permit or permits; o. Any future change in the nature or scope of the use of the Premises, or in any of the buildings or structures on the Premises, or any additional buildings or structures on the site, will require an amendment to the special use permit. p. Building permits shall be obtained for the modification to the parking area (as approved in the 2021 approval) and the fire access road and such permits shall be subject to specifications of paving, grading and any other aspect of the construction of such parking area, or related drainage, as the Building Department shall deem appropriate; q. The impervious pavement surface in the general use parking area, and the curbs in the areas of pervious coverage, shall be marked to show parking space locations in a manner satisfactory to the Building Department; r. Except for lighting necessary to illuminate exit doors, no additional exterior lighting shall be installed on the Premises; s. All conditions contained within the special use permit, and amendments of such permit, shall continue to apply to the Premises; and t. The proposed improvements shall not result in any increase in enrollment at the school. 14. The Mayor is authorized to execute any and all documents and to sign any and all endorsements as may be necessary to effectuate this decision. 6. Proposed Local Law HBP 2204- A local law to amend the Code of the Village of Hewlett Bay Park to authorize the use of videoconferencing for public bodies On motion by Deputy Mayor Oliviero seconded by Trustee Zylberberg and unanimously approved, the Board voted to hold a Public Hearing on November 28, 2022 at 5:30 pm, with respect to Proposed Bill HBP-2204, and directed the publication of the required legal notice 7. Hewlett Neck Lease Agreement The Board Discussed 8. Transient Rentals The Board Discussed 9. Construction on Saturdays The Board Discussed 10. Speed Humps The Board directed the Clerk to have the Village Engineer review speed humps and give a full report 11. Reports: 1. Audit of Claims The Board discussed the claims. Upon confirmation from the Deputy Mayor Oliviero that the items in such abstract represented the purchase of goods and services actually received and/or performed and that each item contained in the abstract was for a proper Village purpose, on motion duly made by Deputy Mayor Oliviero seconded by Trustee Zylberberg, and adopted unanimously, the Board authorized and directed the Village Treasurer pay the general fund claims in the total sum of $93,166.53 set forth in abstract #718 (copy of the abstract is on file in the Village office). 12. New Business: Board of Appeals Application Fee Increase On motion by Deputy Mayor Oliviero, seconded by Trustee Zylberberg and unanimously carried, the Board voted to increase the Board of Appeals Application Fee to $2000.00. 13. Next Meeting: November 28, 2022 at 5:30 PM 14. Adjournment: There being no further business the meeting was adjourned at 6:40 PM. Michelle Blandino Village Clerk