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Village Board of Trustees Meeting

Regular Meeting

Nyack, NY · June 29, 2023

AgendaMinutes

Minutes

Minutes of the Regular Meeting of the Village of Nyack Board of Trustees held at 7:30 on Thursday, June 29, 2023 Present Don Hammond Mayor Joseph Rand Deputy Mayor Trustee Donna Lightfoot-Cooper Trustee Pascale Jean-Gilles Trustee Also Present Andrew Stewart Village Administrator Jennifer Hetling Village Clerk/Treasurer Dennis Michaels Village Attorney Absent Marie Lorenzini Trustee Meeting called to order at 7:31pm Pledge of Allegiance Adoption of Minutes – May 25, 2023 – Motion by Donna Lightfoot-Cooper, seconded by Joseph Rand to accept the resolution as presented. The motion was approved by a vote of 3-0-1-1 (Trustee Lorenzini absent, Trustee Jean-Gilles abstain). June 8, 2023 – Motion by Pascale Jean-Gilles, seconded by Donna Lightfoot-Cooper to accept the resolution as presented. The motion was approved by a vote of 3-0-1-1 (Trustee Lorenzini absent, Trustee Rand abstained). Public Hearing – 8:00 PM Continuation of previously opened public hearing on Minimum Off- Street Parking. Public Comment – Joe Carlin – Asked if there was a parking study done to assess the effects of mosp waivers on the existing parking stock and do the mosp waivers also apply to commercial building that add accessory apartments or do they also apply to commercial buildings reused for other commercial uses without adding accessory apartments. Taylor Mandelbaum – Enough research has been done in other communities to show that this concept does work. Motion by Donna Lightfoot-Cooper, seconded by Pascale Jean-Gilles to close the public hearing at 8:13pm. Motion passed by a vote of 4-0-1 (Trustee Lorenzini absent). Public Comments on Action Items – None Resolution No. 2023-98 Resolution of the Nyack Village Board accepting audited voucher summary. WHEREAS, the Audited Voucher Summary was presented to the Nyack Village Board of trustees at its regularly scheduled meeting of June 29, 2023. RESOLVED, that General Fund Claims set forth on pages 1 through 17 in the amounts of General Fund– $227,394.90 Parking Fund – $39,282.62 Water Fund – $85,144.77 Capital Projects – $27,759.44 Trust and Agency - $1,248.34 RESOLVED, the Nyack Village Board authorizes the transfer of the above amounts into the general fund checking account from the respective funds shown above. Motion by Donna Lightfoot-Cooper, seconded by Pascale Jean-Gilles to accept the resolution as presented. The motion was approved by a vote of 4-0-1 (Trustee Lorenzini absent). Resolution No. 2023-92 Resolution of the Nyack Village Board Amending Chapter 360 (Zoning) of the Code of the Village of Nyack, with respect to Adaptive Reuse and Minimum Accessory Off-Street Parking Requirements in the DMU-1 Zoning District A regular meeting of the Board of Trustees of the Village of Nyack (“Village”) was convened on June 29, 2023, at 7:30 PM; and the following Resolution was duly offered and seconded, to wit: WHEREAS, the Board of Trustees of the Village of Nyack (“Village Board”) is the duly elected legislative body of the Village, and authorized to adopt Local Laws amending the Village Code, including amendments to the zoning regulations embodied in Chapter 360 (Zoning) of the Village Code (“Zoning Code”). WHEREAS, the Village Board has published a Notice of Public Hearing in the Journal News, digitally posted said Notice on the Village’s website, and physically posted the Notice on the Village’s official bulletin board, in accordance with NYS Municipal Home Rule Law §20, with regard to proposed text amendments to the Zoning Code; which amendments, in summary, propose to eliminate minimum accessory off-street parking requirements for commercial uses in the DMU-1 Zoning District, and reduce minimum off-street parking requirements for residential uses resulting from the conversion of existing buildings from commercial to residential use or the expansion of existing buildings vertically for residential use in the DMU-1 Zoning District (“Local Law”); which Local Law is appended hereto, made a part hereof and marked as “ATTACHMENT A.” WHEREAS, copies of the Local Law, together with the narrative Memo of Robert (“Bob”) Galvin, Village Planner (“Village Planner”), dated February 28, 2023, and the State Environmental Quality Review Act (“SEQRA”) Part 1 (entitled Project Information) of the Short Environmental Assessment Form (“EAF”), were all provided to the Village Board on March 15, 2023, in accordance with NYS Municipal Home Rule Law §20. WHEREAS, following compliance with all public notice requirements as mandated by the applicable NYS statute(s) and the Village Code, and distribution of the Local Law to the Village Board as per NYS Municipal Home Rule Law §20(4), the Village Board opened, and held, a Public Hearing on the Local Law on March 23, 2023, which Public Hearing was kept open and continued to June 8, 2023 and then to June 29. 2023. WHEREAS, the Rockland County Department of Planning, pursuant to NYS General Municipal Law (“GML”) §239-l, et seq., reviewed the Local Law and provided a GML review report to the Village Board, dated May 11, 2023, which report approved the Local Law. WHEREAS, prior to the Public Hearing, the Village Board sought comments on the Local Law from the Village Planning Board, as per Village Code §360-5.6(B)(3)(a); and the Planning Board reviewed the Local Law at its April 3, 2023, meeting and provided a written recommendation to the Village Board in favor of its adoption. WHEREAS, after notice duly given, and there being no other Involved Agency, by Resolution adopted the 23rd day of March, 2023, the Village Board declared itself to be, and assumed the role of, SEQRA Lead Agency. WHEREAS, the Village Board, after reviewing the Waterfront Assessment Form for Local Waterfront Revitalization Plan (LWRP) Consistency Review, prepared and recommended by the Village Planner dated 05/03/2023, and after considering all of the discussion and analysis by the Village Board with respect to the documents referenced and considered by the Village Board at its March 23, 2023, June 8, 2023, and June 29, 2023 Public Hearings, the Village Board finds and determines that the Local Law is consistent with the LWRP and the Village’s Comprehensive Master Plan. WHEREAS, the Village Board, acting in its capacity as the SEQRA Lead Agency, and after reviewing: (i) Part 1 (entitled Project Information) of the SEQRA Short EAF dated 03/09/2023, (ii) Part 2 (entitled Identification of Potential Project Impacts) of the SEQRA Full EAF dated 05/03/2023, and (iii) Part 3 (entitled Evaluation of the Magnitude and Importance of Project Impacts and Determination of Significance) of the SEQRA Full EAF dated 05/11/2023, all of which Parts of the EAF were prepared and recommended, on behalf of the Village Board, by the Village Planner, the Village Board hereby adopts the aforesaid Part1, Part 2 and Part 3, and incorporates them by reference as if fully set forth herein. THEREFORE, BE IT RESOLVED, that the Village Board, after conducting a “hard look” review of all environmental factors, including, but not limited to, all three of the aforesaid Parts of the EAF, and the Village Planner’s 02/28/2023 narrative Memo, hereby determines that there will be no potential significant adverse environmental impacts resulting from the Village Board’s adoption of the Local Law, and makes a Determination of Non-Significance under SEQRA, thereby determining and issuing a SEQRA Negative Declaration. BE IT FURTHER RESOLVED that the Village Board finds, after reviewing the Local Law and the Village Planner’s 02/28/2023 narrative Memo describing the trend for the removal of minimum parking requirements in downtowns, a review of how other communities are dealing with parking minimums and adaptive reuse, and the result of these approaches, as well as reference to current planning literature, that by relaxing some of the requirements of accessory off-street parking for certain types of uses and occupancies in the Village’s DMU-1 Zoning District, the Village will be better able to support its policies for residential and affordable housing downtown; sustainable development and energy efficiency of older buildings; encourage the maintenance of the historic character of the downtown; reduce the burden on small business; promote economic development; and increase pedestrian activity and walkability, and promote economically viable and fiscally beneficial use of land, in the downtown, and the Village Board has directed its professional staff to take appropriate action to ensure that the Zoning Code is properly amended to reflect this Local Law. NOW, THEREFORE, based on all of the documentation and information before the Village Board, and the findings and determinations made herein; BE IT RESOLVED that the Village Board hereby adopts the Local Law in the form and substance as appended hereto as “ATTACHMENT A,” and as same may have been amended “by-hand” during the Public Hearing; which Resolution was moved by Joseph Rand, seconded by Pascale Jean-Gilles, and adopted by a roll call vote as follows: YEA NAY ABSTAIN ABSENT Mayor Hammond [X] [ ] [ ] [ ] Deputy Mayor Rand [X] [ ] [ ] [ ] Trustee Lightfoot-Cooper [X] [ ] [ ] [ ] Trustee Lorenzini [ ] [ ] [ ] [X] Trustee Jean-Gilles [X] [ ] [ ] [ ] The foregoing vote was taken at a regularly scheduled meeting of the Board of Trustees of the Village of Nyack on June 29, 2023. Jennifer Hetling, Village Clerk/Treasurer Resolution No. 2023-99 Resolution of the Nyack Village Board Approving Food Truck as Second Point of Sale at Boxer Donut, 17 N Franklin St. WHEREAS, Eric Brown, owner of Boxer Donut, 17 N Franklin St, has requested to operate his food truck within his parking lot as a second point of sale for coffee and doughnuts during regular business hours Fridays, Saturdays and Sundays, and WHEREAS, the Building Inspector has advised the proposal does not create a building safety or fire hazard, but this specific application does not fall under any existing village codes for Building Department approval or denial and is therefore a matter for Village Board review; and WHEREAS, the Board of Trustees of the Village of Nyack has an interest in supporting local business growth and success, has reviewed this proposal and provided for public notice via physical and virtual postings, RESOLVED, the Board of Trustees of the Village of Nyack hereby approves the Boxer Donut proposal to operate its food truck on Fridays, Saturdays and Sundays in 2023 as a second point of sale for coffee and doughnuts, subject to the conditions that: no gasoline generator will be used, hours of operation are those of the existing restaurant, no substitution or addition of food trucks not owned by Boxer Donut is allowed, no additional outdoor seating adjacent to the food truck, and subject to all applicable village, county health and state laws. Motion by Pascale Jean-Gilles, seconded by Joseph Rand to accept the resolution as presented. The motion was approved by a vote of 4-0-1 (Trustee Lorenzini absent). Resolution No. 2023-100 Resolution of the Nyack Village Board Approving a Permit Application for an Event in Memorial Park by WBLS 107.5 FM on July 4, 2023 RESOLVED, the Board of Trustees of the Village of Nyack approves an application for Park Use by WBLS 107.5 FM DJ Marly Marl to provide amplified music from the Basketball Court from 6-8 PM on Tuesday, July 4, 2023, subject to provision of appropriate insurance certificate. Motion by Joseph Rand, seconded by Pascale Jean-Gilles to accept the resolution as presented. The motion was approved by a vote of 4-0-1 (Trustee Lorenzini absent). Resolution No. 2023-101 Resolution of the Nyack Village Board Approving a Permit Application for an Event in Memorial Park by Grace Point Church on August 5, 2023 RESOLVED, the Board of Trustees of the Village of Nyack approves an application for Memorial Park Gazebo Use with amplified sound by Grace Point Church, on August 5,2023, from 11:00 AM to 3:00 PM, subject to provision of appropriate insurance certificate. Motion by Donna Lightfoot-Cooper, seconded by Pascale Jean-Gilles to accept the resolution as presented. The motion was approved by a vote of 4-0-1 (Trustee Lorenzini absent). Resolution No. 2023-102 Resolution of the Nyack Village Board Approving a Grant Application to NYS DEC for Urban Forestry Inventory Update and Maintenance Plan RESOLVED, the Board of Trustees of the Village of Nyack approves an application for up to $15,000, with no required local match, to NYS Urban Forestry program for an updated street tree inventory and maintenance plan. Motion by Joseph Rand, seconded by Pascale Jean-Gilles to accept the resolution as presented. The motion was approved by a vote of 4-0-1 (Trustee Lorenzini absent). Resolution No. 2023-103 Resolution of the Nyack Village Board Approving a Grant Application to NYS DEC Estuary Program for a Vulnerability Assessment and Adaptation Plan RESOLVED, the Board of Trustees of the Village of Nyack approves an application for up to $10,500, with a 30% local match required, to fund a climate change vulnerability and assessment planning process to better prepare the Nyack community for storm surges, heat waves, power outages and other weather related emergencies. Motion by Donna Lightfoot-Cooper, seconded by Joseph Rand to accept the resolution as presented. The motion was approved by a vote of 4-0-1 (Trustee Lorenzini absent). Resolution No. 2023-104 Resolution of the Nyack Village Board Approving a Grant Application to NYS Department of State, via the NYS Consolidated Funding Application, for Repairs to the North Bulkhead of the Village Marina WHEREAS, With funding from the New York State Department of State, the Village of Nyack updated its Local Waterfront Revitalization Program in 2016-2018 with a focus on: Conducting a reassessment of assets and resources and developing recommendations for resiliency strategies that reduce risks to infrastructure and property from sea level rise and climate change, that enable economic revitalization and that preserve and enhance coastal natural resources; and insuring that the planning and design work currently underway is consistent with the policies and programs for waterfront revitalization in the 21st Century: WHEREAS, The creation of a waterfront walkway, completed in 2023, and development of waterfront amenities to increase access to the Hudson River was designated a priority project in the Updated LWRP which specifically noted the importance of restaurants as “Water Enhanced Uses” in the waterfront district and the Village marina and the importance of redeveloping the former River Club restaurant site as a key amenity along the walkway; and WHEREAS, The Nyack Comprehensive Master Plan, revised in 2016 with funding from NYSERDA, recommended that the priority projects developed for the Updated LWRP be implemented, including the redevelopment of the River Club site, where the River Club restaurant operated for thirty years, WHEREAS, The public has provided input in workshops held throughout the process to update the LWRP and the Comprehensive Plan, and supported and made its support known for the re- development of the River Club site as a key element of the recently completed walkway in the Marina, WHEREAS, The bulkhead supporting the River Club restaurant site at the Marina is failing and the site cannot be redeveloped as a new restaurant without first repairing the bulkhead. WHEREAS, The Village secured funding from the New York State Department of State to complete a portion of the public waterfront walkway in the Village Marina and connecting to the Inlet Bridge, but is in need of financial assistance to repair the bulkhead that is essential to the redevelopment of the River Club restaurant site, and the Department of State Environmental Protection Fund, Local Waterfront Revitalization Program provides such financial assistance; and WHEREAS, The Village of Nyack deems it to be in the public interest and benefit to authorize and direct Don Hammond, as Mayor of the Village of Nyack, New York, to file an application for funds to Department of State for EPF funding for implementing the priority project of its updated LWRP entitled Nyack Marina Restaurant Bulkhead Repair Project. NOW, THEREFORE, BE IT RESOLVED BY MEMBERS OF THE NYACK VILLAGE BOARD AS FOLLOWS: 1. That Don Hammond, as Mayor, is hereby authorized to file an application for funding through the Consolidated Funding Application process to the Department of State, Office of Planning and Development; 2. That the Village of Nyack agrees that it will fund its portion of the cost of the Project and that these funds will be available to initiate the Project's work upon execution of a contract with the Department of State. Motion by Pascale Jean-Gilles, seconded by Joseph Rand to accept the resolution as presented. The motion was approved by a vote of 4-0-1 (Trustee Lorenzini absent). Resolution No. 2023-105 Resolution of the Nyack Village Board Approving a Grant Application to NYS Department of State, via the NYS Consolidated Funding Application, for Construction of a the Memorial Park ADA Shoreline Pathway WHEREAS, With funding from the New York State Department of State, the Village of Nyack updated its Local Waterfront Revitalization Program in 2016-2018 with a focus on: Conducting a reassessment of assets and resources and developing recommendations for resiliency strategies that reduce risks to infrastructure and property from sea level rise and climate change, that enable economic revitalization and that preserve and enhance coastal natural resources; and Insuring that the planning and design work currently underway is consistent with the policies and programs for waterfront revitalization in the 21st Century: WHEREAS, The creation of a waterfront walkway to increase access to the Hudson River was designated a priority project in the Updated LWRP; and WHEREAS, The Nyack Comprehensive Master Plan, revised in 2016 with funding from NYSERDA, recommended that the priority projects developed for the Updated LWRP be implemented, including a public waterfront walkway; and WHEREAS, The public has provided input in workshops held throughout the process to update the LWRP and the Comprehensive Plan, and supported and made its support known for the development of a public waterfront walkway; WHEREAS, The Village secured funding from the New York State Department of State to complete a portion of the public waterfront walkway in the Village Marina and connecting to the Inlet Bridge, completed in 2023, but is in need of financial assistance to complete its plan for its entire waterfront with an ADA walkway along the shoreline in Memorial Park; and the Department of State Environmental Protection Fund, Local Waterfront Revitalization Program provides such financial assistance; and WHEREAS, The concept plan for the walkway includes retrofitting portions of existing paved parking lot with vegetated swales and other stormwater treatment practices to improve water quality in the Hudson River and increase resiliency to climate change, WHEREAS, The Village of Nyack deems it to be in the public interest and benefit to authorize and direct Don Hammond, as Mayor of the Village of Nyack, New York, to file an application for funds to Department of State for EPF funding for implementing the priority project of its updated LWRP entitled Memorial Park ADA Shoreline Pathway NOW, THEREFORE, BE IT RESOLVED BY MEMBERS OF THE NYACK VILLAGE BOARD AS FOLLOWS: 1. That Don Hammond, as Mayor, is hereby authorized to file an application for funding through the Consolidated Funding Application process to the Department of State, Office of Planning and Development; 2. That the Village of Nyack agrees that it will fund its portion of the cost of the Project and that these funds will be available to initiate the Project's work upon execution of a contract with the Department of State. Motion by Donna Lightfoot-Cooper, seconded by Joseph Rand to accept the resolution as presented. The motion was approved by a vote of 4-0-1 (Trustee Lorenzini absent). Resolution No. 2023-106 Resolution of the Nyack Village Board Approving a Permit Application for closure of the Village Parking Lot on Cedar St and Artopee Way for an Outdoor Movie “Summer of Soul”, Friday, July 28, 2023 RESOLVED, the Board of Trustees of the Village of Nyack approves the closure of the Village parking lot on Cedar and Artopee Way for a showing of “Summer of Soul”, event ending by 11:00 PM on Friday, July 28, 2023 (rain date, July 29), as a Village-sponsored event in partnership with Rivertown Films and other local organizations. Motion by Donna Lightfoot-Cooper, seconded by Pascale Jean-Gilles to accept the resolution as presented. The motion was approved by a vote of 4-0-1 (Trustee Lorenzini absent). Resolution No. 2023-107 Resolution of the Nyack Village Board to Amend the Organization of the Nyack Business Council WHEREAS, in 2020 the Village Board of Trustees created the Business Council in recognition of the importance of a healthy commercial business district to all residents of the Village, from the perspective of both providing services to residents and maintaining a stable commercial tax base to offset the residential tax burden; and WHEREAS, the Village Board of Trustees recently adopted a Hotel Bed Tax law to create a new revenue stream in part to support tourism promotion projects, and subsequently adopted an administrative process to award tourism grants that expands the purview of the Business Council to review grant applications and make funding recommendations to the Village Board of Trustees; and THEREFORE IT RESOLVED THAT 1. The Business Council is empowered to review Nyack Tourism Grant applications and make advisory funding recommendations to the Village Board of Trustees; and 2. The Business Council shall expand its membership to include a diverse representation of local tourism-depending businesses and organizations to form a subcommittee of the Council to review Nyack Tourism Grant applications and make advisory funding recommendations to the Village Board of Trustees a. The Business Council of the Village of Nyack shall consist of no less than five or more than 11 voting members (who shall be residents of the Village or business owners in the Village, or their designees), two non-voting ex-officio members at large (one of whom shall be the Village Administrator or their designee), and a Chair (the Mayor or their designee). b. The members shall, to the extent practicable, be from different segments of the business community (such as merchants, restaurants, service businesses, non-profits, etc.), and from different geographic locations within the Village (such as Franklin Avenue, North Broadway, South Broadway, Main Street (upper and lower), etc.). c. The members shall be appointed by the Mayor subject to the approval of the Board of Trustees. The Mayor shall, to the best of their ability, appoint members reflective of the socioeconomic diversity existing in the Village. Members shall serve at the pleasure of the Mayor. d. The term of office of each member shall be three years, except that the initial appointments of up to six members shall be for one year; up to three members shall be for two years, and two members shall be for three years. Members may be reappointed upon the end of their respective terms. e. The members of the Business Council shall serve without compensation, but shall be entitled to reimbursement for any money expended in the performance of their duties. f. The Council shall annually propose and select a Secretary from among its own members. g. Any vacancy on the Council shall be filled for the unexpired term by the Mayor. 3. Vision, Goals, Powers and Duties. a. The vision of the Business Council is to bring Nyack’s business community together to build back Nyack’s downtown and create a thriving business district. The philosophy of the Council shall be to develop consensus through discussion. b. In doing so, the Business Council shall, among other things: (i) Develop plans for Winter and Spring business development. (ii) Develop plans and suggestions focused on Business Retention (including working with County Tourism, the Chamber of Commerce, Visit Nyack, ACADA, and/or any other group top assist in this goal). (iii)Develop plans and suggestions for Business Recruitment (including working with the RBA and County to recruit new small businesses to Nyack). (iv) Develop ideas for Business friendly policies in the Village (including discussing current laws and policies in the context to business development). (v) To develop and recommend to the Village Board of Trustees steps necessary for the Village of Nyack to develop and implement ongoing business improvement strategies for the Village, to advise the Village Board on steps necessary to implement the recommendations generated by the Nyack Business Council, and to identify (whenever possible) potential sources of funding to assist in the implementation of the recommendations. (vi) To develop, maintain, liaison, and consult with and advise appropriate federal, state and county officials on matters relating to business activities in the Village of Nyack. (vii) To submit to the Board of Trustees a monthly report of the Council's activities and recommendations. (viii) Review tourism grant applications and make advisory funding recommendations to the Village Board of Trustees 4. Meetings. The Council shall regularly meet monthly at a time and place set by said Council for its regular meeting. A quorum shall consist of four members, and actions taken by the Council shall require a majority vote of those members present at the meeting. The Chairman, Secretary or any four members of the Council may call a special meeting of said Council for such purposes as are designated in said call. Notice of said special meeting shall be given in writing to all members 48 hours in advance of said special meeting. Once the Council is established and meeting regularly its membership may modify its meeting schedule as the Council sees fit. 5. Attendance at meetings. A member of the Business Council who is unable to attend three consecutive meetings or less than half the meetings in any twelve-month period shall be subject to replacement in the sole discretion of the Mayor. Motion by Donna Lightfoot-Cooper, seconded by Pascale Jean-Gilles to accept the resolution as presented. The motion was approved by a vote of 4-0-1 (Trustee Lorenzini absent) Public Comment – Michael Hayes, representative of Edward Hopper House – There will be a Whitney Hopper bike ride on July 22, 2023 which will start at the Whitney Museum in NYC and there will be a rest atop at the Edward Hopper House before returning to the starting museum. Reports Village Administrator – All the milling work has been done on Lydecker St, Gedney St., Pine St, and Upper Main St. The paving will start next week. 6 months of hotel tax has been received and the total is about $62k, half of which will go towards the tourism grant program. The footbridge in the park will be getting LED lighting installed and the Marina parking lot will also be getting new lighting. Old Business Film permit and policy review – Attorney Michaels stated that the Village will take the info in the filming permit application and use it to update the law. Motion by Pascale Jean-Gilles, seconded by Joseph Rand to set a public hearing on July 20 at 8pm on a proposed law amending the film permit process. Motion passed by a vote of 4- 0-1 (Trustee Lorenzini absent) Special meeting of village board with Social Service Agencies on 6/22/23 – There are roving mental health vans and Mayor Hammond has requested that they bring it to Nyack and place it near local establishments where panhandlers can get the best access. New Business Stormwater mapping grant application – The state funds the stormwater mapping grant through the County usually but now they state is asking for each municipality to submit requests individually instead. The max request is $60,000 and there is a 10% match. Motion by Donna Lightfoot-Cooper, seconded by Pascale Jean-Gilles to move forward with the application for the stormwater GIS mapping grant. Motion passed by a vote of 4-0-1 (Trustee Lorenzini absent) Communications Block Party request on July 4th from 2pm-10pm on Summit St. between Depew and Hudson. Motion by Donna Lightfoot-Cooper, seconded by Pascale Jean-Gilles to approve the closing of Summit St. between Depew and Hudson from 2-10 on July 4 Motion passed by a vote of 4-0-1 (Trustee Lorenzini absent) Drum circle in Hezekiah Easter Park on one Friday a month from 6pm-9pm. Trustee Rand will speak with the organizer and talk to the adjacent businesses to see what their opinions are. He will also suggest using the Memorial Park gazebo as an alternate location. Public Comment – A resident asked what the status is on the vacancy survey. Comments from the Village Board Pascale Jean-Gilles – Todays visit from the state was great. Donna Lightfoot Cooper – The last Jackson Ave. Urban Renewal screening will be July 7th at the Nyack Center. Joseph Rand – Saw the Jackson Ave screening and it was very powerful. Don Hammond – The NYS Secretary of State toured Memorial Park today. The LWRP came up with suggestions on how to build up the park a lot of which was funded by the state. There has been many upgrades to the park in the past 5-6 years. There was also a round table discussion with local small business owners where they spoke about how the riverfront benefits the community. Adjournment Motion by Donald Hammond seconded by all other trustees to adjourn the meeting in honor of Joseph Moger at 9:30pm. The motion was approved by a vote of 4-0-1 (Trustee Lorenzini absent)

Agenda

Village of Nyack 9 North Broadway, Nyack, NY 10960 Village Board of Trustees Meeting June 29, 2023 7:30 pm YouTube meeting livestream access link (public comment is in-person only): https://www.youtube.com/channel/UCJIPWjS1Be7gq4S7KiIh7Ag 1. Pledge of Allegiance 2. Adoption of Minutes – May 25, 2023 and June 8, 2023 3. Public Hearing – • 8:00 PM Continuation of previously opened public hearing on Minimum Off-Street Parking. 4. Public Comment – Discussion of Action Items Only – 3 Minute Time Limit. 5. Action Items 5.1 Resolution No. 2023-98 Resolution of the Nyack Village Board accepting audited voucher summary. WHEREAS, the Audited Voucher Summary was presented to the Nyack Village Board of trustees at its regularly scheduled meeting of June 29, 2023. RESOLVED, that General Fund Claims set forth on pages 1 through 17 in the amounts of General Fund– $227,394.90 Parking Fund – $39,282.62 Water Fund – $85,144.77 Capital Projects – $27,759.44 Trust and Agency - $1,248.34 RESOLVED, the Nyack Village Board authorizes the transfer of the above amounts into the general fund checking account from the respective funds shown above. 5.2 Resolution No. 2023-92 Resolution of the Nyack Village Board Amending Chapter 360 (Zoning) of the Code of the Village of Nyack, with respect to Adaptive Reuse and Minimum Accessory Off-Street Parking Requirements in the DMU-1 Zoning District A regular meeting of the Board of Trustees of the Village of Nyack (“Village”) was convened on June 29, 2023, at 7:30 PM; and the following Resolution was duly offered and seconded, to wit: WHEREAS, the Board of Trustees of the Village of Nyack (“Village Board”) is the duly elected legislative body of the Village, and authorized to adopt Local Laws amending the Village Code, including amendments to the zoning regulations embodied in Chapter 360 (Zoning) of the Village Code (“Zoning Code”). WHEREAS, the Village Board has published a Notice of Public Hearing in the Journal News, digitally posted said Notice on the Village’s website, and physically posted the Notice on the Village’s official bulletin board, in accordance with NYS Municipal Home Rule Law §20, with regard to proposed text amendments to the Zoning Code; which amendments, in summary, propose to eliminate minimum accessory off-street parking requirements for commercial uses in the DMU-1 Zoning District, and reduce minimum off-street parking requirements for residential uses resulting from the conversion of existing buildings from commercial to residential use or the expansion of existing buildings vertically for residential use in the DMU-1 Zoning District (“Local Law”); which Local Law is appended hereto, made a part hereof and marked as “ATTACHMENT A.” WHEREAS, copies of the Local Law, together with the narrative Memo of Robert (“Bob”) Galvin, Village Planner (“Village Planner”), dated February 28, 2023, and the State Environmental Quality Review Act (“SEQRA”) Part 1 (entitled Project Information) of the Short Environmental Assessment Form (“EAF”), were all provided to the Village Board on March 15, 2023, in accordance with NYS Municipal Home Rule Law §20. WHEREAS, following compliance with all public notice requirements as mandated by the applicable NYS statute(s) and the Village Code, and distribution of the Local Law to the Village Board as per NYS Municipal Home Rule Law §20(4), the Village Board opened, and held, a Public Hearing on the Local Law on March 23, 2023, which Public Hearing was kept open and continued to June 8, 2023 and then to June 29. 2023. WHEREAS, the Rockland County Department of Planning, pursuant to NYS General Municipal Law (“GML”) §239-l, et seq., reviewed the Local Law and provided a GML review report to the Village Board, dated May 11, 2023, which report approved the Local Law. WHEREAS, prior to the Public Hearing, the Village Board sought comments on the Local Law from the Village Planning Board, as per Village Code §360-5.6(B)(3)(a); and the Planning Board reviewed the Local Law at its April 3, 2023, meeting and provided a written recommendation to the Village Board in favor of its adoption. WHEREAS, after notice duly given, and there being no other Involved Agency, by Resolution adopted the 23rd day of March, 2023, the Village Board declared itself to be, and assumed the role of, SEQRA Lead Agency. WHEREAS, the Village Board, after reviewing the Waterfront Assessment Form for Local Waterfront Revitalization Plan (LWRP) Consistency Review, prepared and recommended by the Village Planner dated 05/03/2023, and after considering all of the discussion and analysis by the Village Board with respect to the documents referenced and considered by the Village Board at its March 23, 2023, June 8, 2023, and June 29, 2023 Public Hearings, the Village Board finds and determines that the Local Law is consistent with the LWRP and the Village’s Comprehensive Master Plan. WHEREAS, the Village Board, acting in its capacity as the SEQRA Lead Agency, and after reviewing: (i) Part 1 (entitled Project Information) of the SEQRA Short EAF dated 03/09/2023, (ii) Part 2 (entitled Identification of Potential Project Impacts) of the SEQRA Full EAF dated 05/03/2023, and (iii) Part 3 (entitled Evaluation of the Magnitude and Importance of Project Impacts and Determination of Significance) of the SEQRA Full EAF dated 05/11/2023, all of which Parts of the EAF were prepared and recommended, on behalf of the Village Board, by the Village Planner, the Village Board hereby adopts the aforesaid Part1, Part 2 and Part 3, and incorporates them by reference as if fully set forth herein. THEREFORE, BE IT RESOLVED, that the Village Board, after conducting a “hard look” review of all environmental factors, including, but not limited to, all three of the aforesaid Parts of the EAF, and the Village Planner’s 02/28/2023 narrative Memo, hereby determines that there will be no potential significant adverse environmental impacts resulting from the Village Board’s adoption of the Local Law, and makes a Determination of Non-Significance under SEQRA, thereby determining and issuing a SEQRA Negative Declaration. BE IT FURTHER RESOLVED that the Village Board finds, after reviewing the Local Law and the Village Planner’s 02/28/2023 narrative Memo describing the trend for the removal of minimum parking requirements in downtowns, a review of how other communities are dealing with parking minimums and adaptive reuse, and the result of these approaches, as well as reference to current planning literature, that by relaxing some of the requirements of accessory off-street parking for certain types of uses and occupancies in the Village’s DMU-1 Zoning District, the Village will be better able to support its policies for residential and affordable housing downtown; sustainable development and energy efficiency of older buildings; encourage the maintenance of the historic character of the downtown; reduce the burden on small business; promote economic development; and increase pedestrian activity and walkability, and promote economically viable and fiscally beneficial use of land, in the downtown, and the Village Board has directed its professional staff to take appropriate action to ensure that the Zoning Code is properly amended to reflect this Local Law. NOW, THEREFORE, based on all of the documentation and information before the Village Board, and the findings and determinations made herein; BE IT RESOLVED that the Village Board hereby adopts the Local Law in the form and substance as appended hereto as “ATTACHMENT A,” and as same may have been amended “by-hand” during the Public Hearing; which Resolution was moved by ____________________, seconded by ____________________, and adopted by a roll call vote as follows: YEA NAY ABSTAIN ABSENT Mayor Hammond [ ] [ ] [ ] [ ] Deputy Mayor Rand [ ] [ ] [ ] [ ] Trustee Lightfoot-Cooper [ ] [ ] [ ] [ ] Trustee Lorenzini [ ] [ ] [ ] [ ] Trustee Jean-Gilles [ ] [ ] [ ] [ ] The foregoing vote was taken at a regularly scheduled meeting of the Board of Trustees of the Village of Nyack on June 29, 2023. Jennifer Hetling, Village Clerk/Treasurer 5.3 Resolution No. 2023-99 Resolution of the Nyack Village Board Approving Food Truck as Second Point of Sale at Boxer Donut, 17 N Franklin St. WHEREAS, Eric Brown, owner of Boxer Donut, 17 N Franklin St, has requested to operate his food truck within his parking lot as a second point of sale for coffee and doughnuts during regular business hours Fridays, Saturdays and Sundays, and WHEREAS, the Building Inspector has advised the proposal does not create a building safety or fire hazard, but this specific application does not fall under any existing village codes for Building Department approval or denial and is therefore a matter for Village Board review; and WHEREAS, the Board of Trustees of the Village of Nyack has an interest in supporting local business growth and success, has reviewed this proposal and provided for public notice via physical and virtual postings, RESOLVED, the Board of Trustees of the Village of Nyack hereby approves the Boxer Donut proposal to operate its food truck on Fridays, Saturdays and Sundays in 2023 as a second point of sale for coffee and doughnuts, subject to the conditions that: no gasoline generator will be used, hours of operation are those of the existing restaurant, no substitution or addition of food trucks not owned by Boxer Donut is allowed, no additional outdoor seating adjacent to the food truck, and subject to all applicable village, county health and state laws. 5.4 Resolution No. 2023-100 Resolution of the Nyack Village Board Approving a Permit Application for an Event in Memorial Park by WBLS 107.5 FM on July 4, 2023 RESOLVED, the Board of Trustees of the Village of Nyack approves an application for Park Use by WBLS 107.5 FM DJ Marly Marl to provide amplified music from the Basketball Court from 6-8 PM on Tuesday, July 4, 2023, subject to provision of appropriate insurance certificate. 5.5 Resolution No. 2023-101 Resolution of the Nyack Village Board Approving a Permit Application for an Event in Memorial Park by Grace Point Church on August 5, 2023 RESOLVED, the Board of Trustees of the Village of Nyack approves an application for Memorial Park Gazebo Use with amplified sound by Grace Point Church, on August 5,2023, from 11:00 AM to 3:00 PM, subject to provision of appropriate insurance certificate. 5.6 Resolution No. 2023-102 Resolution of the Nyack Village Board Approving a Grant Application to NYS DEC for Urban Forestry Inventory Update and Maintenance Plan RESOLVED, the Board of Trustees of the Village of Nyack approves an application for up to $15,000, with no required local match, to NYS Urban Forestry program for an updated street tree inventory and maintenance plan. 5.7 Resolution No. 2023-103 Resolution of the Nyack Village Board Approving a Grant Application to NYS DEC Estuary Program for a Vulnerability Assessment and Adaptation Plan RESOLVED, the Board of Trustees of the Village of Nyack approves an application for up to $10,500, with a 30% local match required, to fund a climate change vulnerability and assessment planning process to better prepare the Nyack community for storm surges, heat waves, power outages and other weather related emergencies. 5.8 Resolution No. 2023-104 Resolution of the Nyack Village Board Approving a Grant Application to NYS Department of State, via the NYS Consolidated Funding Application, for Repairs to the North Bulkhead of the Village Marina WHEREAS, With funding from the New York State Department of State, the Village of Nyack updated its Local Waterfront Revitalization Program in 2016-2018 with a focus on: Conducting a reassessment of assets and resources and developing recommendations for resiliency strategies that reduce risks to infrastructure and property from sea level rise and climate change, that enable economic revitalization and that preserve and enhance coastal natural resources; and insuring that the planning and design work currently underway is consistent with the policies and programs for waterfront revitalization in the 21st Century: WHEREAS, The creation of a waterfront walkway, completed in 2023, and development of waterfront amenities to increase access to the Hudson River was designated a priority project in the Updated LWRP which specifically noted the importance of restaurants as “Water Enhanced Uses” in the waterfront district and the Village marina and the importance of redeveloping the former River Club restaurant site as a key amenity along the walkway; and WHEREAS, The Nyack Comprehensive Master Plan, revised in 2016 with funding from NYSERDA, recommended that the priority projects developed for the Updated LWRP be implemented, including the redevelopment of the River Club site, where the River Club restaurant operated for thirty years, WHEREAS, The public has provided input in workshops held throughout the process to update the LWRP and the Comprehensive Plan, and supported and made its support known for the re-development of the River Club site as a key element of the recently completed walkway in the Marina, WHEREAS, The bulkhead supporting the River Club restaurant site at the Marina is failing and the site cannot be redeveloped as a new restaurant without first repairing the bulkhead. WHEREAS, The Village secured funding from the New York State Department of State to complete a portion of the public waterfront walkway in the Village Marina and connecting to the Inlet Bridge, but is in need of financial assistance to repair the bulkhead that is essential to the redevelopment of the River Club restaurant site, and the Department of State Environmental Protection Fund, Local Waterfront Revitalization Program provides such financial assistance; and WHEREAS, The Village of Nyack deems it to be in the public interest and benefit to authorize and direct Don Hammond, as Mayor of the Village of Nyack, New York, to file an application for funds to Department of State for EPF funding for implementing the priority project of its updated LWRP entitled Nyack Marina Restaurant Bulkhead Repair Project. NOW, THEREFORE, BE IT RESOLVED BY MEMBERS OF THE NYACK VILLAGE BOARD AS FOLLOWS: 1. That Don Hammond, as Mayor, is hereby authorized to file an application for funding through the Consolidated Funding Application process to the Department of State, Office of Planning and Development; 2. That the Village of Nyack agrees that it will fund its portion of the cost of the Project and that these funds will be available to initiate the Project's work upon execution of a contract with the Department of State. 5.9 Resolution No. 2023-105 Resolution of the Nyack Village Board Approving a Grant Application to NYS Department of State, via the NYS Consolidated Funding Application, for Construction of a the Memorial Park ADA Shoreline Pathway WHEREAS, With funding from the New York State Department of State, the Village of Nyack updated its Local Waterfront Revitalization Program in 2016-2018 with a focus on: Conducting a reassessment of assets and resources and developing recommendations for resiliency strategies that reduce risks to infrastructure and property from sea level rise and climate change, that enable economic revitalization and that preserve and enhance coastal natural resources; and Insuring that the planning and design work currently underway is consistent with the policies and programs for waterfront revitalization in the 21st Century: WHEREAS, The creation of a waterfront walkway to increase access to the Hudson River was designated a priority project in the Updated LWRP; and WHEREAS, The Nyack Comprehensive Master Plan, revised in 2016 with funding from NYSERDA, recommended that the priority projects developed for the Updated LWRP be implemented, including a public waterfront walkway; and WHEREAS, The public has provided input in workshops held throughout the process to update the LWRP and the Comprehensive Plan, and supported and made its support known for the development of a public waterfront walkway; WHEREAS, The Village secured funding from the New York State Department of State to complete a portion of the public waterfront walkway in the Village Marina and connecting to the Inlet Bridge, completed in 2023, but is in need of financial assistance to complete its plan for its entire waterfront with an ADA walkway along the shoreline in Memorial Park; and the Department of State Environmental Protection Fund, Local Waterfront Revitalization Program provides such financial assistance; and WHEREAS, The concept plan for the walkway includes retrofitting portions of existing paved parking lot with vegetated swales and other stormwater treatment practices to improve water quality in the Hudson River and increase resiliency to climate change, WHEREAS, The Village of Nyack deems it to be in the public interest and benefit to authorize and direct Don Hammond, as Mayor of the Village of Nyack, New York, to file an application for funds to Department of State for EPF funding for implementing the priority project of its updated LWRP entitled Memorial Park ADA Shoreline Pathway NOW, THEREFORE, BE IT RESOLVED BY MEMBERS OF THE NYACK VILLAGE BOARD AS FOLLOWS: 1. That Don Hammond, as Mayor, is hereby authorized to file an application for funding through the Consolidated Funding Application process to the Department of State, Office of Planning and Development; 2. That the Village of Nyack agrees that it will fund its portion of the cost of the Project and that these funds will be available to initiate the Project's work upon execution of a contract with the Department of State. 5.10 Resolution No. 2023-106 Resolution of the Nyack Village Board Approving a Permit Application for closure of the Village Parking Lot on Cedar St and Artopee Way for an Outdoor Movie “Summer of Soul”, Friday, July 28, 2023 RESOLVED, the Board of Trustees of the Village of Nyack approves the closure of the Village parking lot on Cedar and Artopee Way for a showing of “Summer of Soul”, event ending by 11:00 PM on Friday, July 28, 2023 (rain date, July 29), as a Village-sponsored event in partnership with Rivertown Films and other local organizations. 5.11 Resolution No. 2023-107 Resolution of the Nyack Village Board to Amend the Organization of the Nyack Business Council WHEREAS, in 2020 the Village Board of Trustees created the Business Council in recognition of the importance of a healthy commercial business district to all residents of the Village, from the perspective of both providing services to residents and maintaining a stable commercial tax base to offset the residential tax burden; and WHEREAS, the Village Board of Trustees recently adopted a Hotel Bed Tax law to create a new revenue stream in part to support tourism promotion projects, and subsequently adopted an administrative process to award tourism grants that expands the purview of the Business Council to review grant applications and make funding recommendations to the Village Board of Trustees; and THEREFORE IT RESOLVED THAT 1. The Business Council is empowered to review Nyack Tourism Grant applications and make funding recommendations to the Village Board of Trustees; and 2. The Business Council shall expand its membership to include a diverse representation of local tourism-depending businesses and organizations to form a subcommittee of the Council to review Nyack Tourism Grant applications and make funding recommendations to the Village Board of Trustees a. The Business Council of the Village of Nyack shall consist of no less than five or more than 11 voting members (who shall be residents of the Village or business owners in the Village, or their designees), two non-voting ex-officio members at large (one of whom shall be the Village Administrator or their designee), and a Chair (the Mayor or their designee). b. The members shall, to the extent practicable, be from different segments of the business community (such as merchants, restaurants, service businesses, non-profits, etc.), and from different geographic locations within the Village (such as Franklin Avenue, North Broadway, South Broadway, Main Street (upper and lower), etc.). c. The members shall be appointed by the Mayor subject to the approval of the Board of Trustees. The Mayor shall, to the best of their ability, appoint members reflective of the socioeconomic diversity existing in the Village. Members shall serve at the pleasure of the Mayor. d. The term of office of each member shall be three years, except that the initial appointments of up to six members shall be for one year; up to three members shall be for two years, and two members shall be for three years. Members may be reappointed upon the end of their respective terms. e. The members of the Business Council shall serve without compensation, but shall be entitled to reimbursement for any money expended in the performance of their duties. f. The Council shall annually propose and select a Secretary from among its own members. g. Any vacancy on the Council shall be filled for the unexpired term by the Mayor. 3. Vision, Goals, Powers and Duties. a. The vision of the Business Council is to bring Nyack’s business community together to build back Nyack’s downtown and create a thriving business district. The philosophy of the Council shall be to develop consensus through discussion. b. In doing so, the Business Council shall, among other things: (i) Develop plans for Winter and Spring business development. (ii) Develop plans and suggestions focused on Business Retention (including working with County Tourism, the Chamber of Commerce, Visit Nyack, ACADA, and/or any other group top assist in this goal). (iii)Develop plans and suggestions for Business Recruitment (including working with the RBA and County to recruit new small businesses to Nyack). (iv) Develop ideas for Business friendly policies in the Village (including discussing current laws and policies in the context to business development). (v) To develop and recommend to the Village Board of Trustees steps necessary for the Village of Nyack to develop and implement ongoing business improvement strategies for the Village, to advise the Village Board on steps necessary to implement the recommendations generated by the Nyack Business Council, and to identify (whenever possible) potential sources of funding to assist in the implementation of the recommendations. (vi) To develop, maintain, liaison, and consult with and advise appropriate federal, state and county officials on matters relating to business activities in the Village of Nyack. (vii) To submit to the Board of Trustees a monthly report of the Council's activities and recommendations. (viii) Review tourism grant applications and make funding recommendations to the Village Board of Trustees 4. Meetings. The Council shall regularly meet monthly at a time and place set by said Council for its regular meeting. A quorum shall consist of four members, and actions taken by the Council shall require a majority vote of those members present at the meeting. The Chairman, Secretary or any four members of the Council may call a special meeting of said Council for such purposes as are designated in said call. Notice of said special meeting shall be given in writing to all members 48 hours in advance of said special meeting. Once the Council is established and meeting regularly its membership may modify its meeting schedule as the Council sees fit. 5. Attendance at meetings. A member of the Business Council who is unable to attend three consecutive meetings or less than half the meetings in any twelve-month period shall be subject to replacement in the sole discretion of the Mayor. 6. Public Comment 7. Department Reports to the Board of Trustees (based on availability) 7.1 Orangetown Police Department 7.2 Village Attorney 7.3 Village Administrator 7.4 Village Clerk 8. Old Business 8.1 Film permit and policy review 8.2 Special meeting of village board with Social Service Agencies on 6/22/23 9. New Business 9.1 Stormwater mapping grant application 10. Communications 11. Public Comment 12. Comments from the Village Board of Trustees 13. Executive Session 14. Adjournment Joseph Moger 15. Appendix 15.1 Draft Local Law to Amend Village of Nyack Zoning Code (Chapter 360) Off- Street Parking Requirements Regulations DMU-1 Zone – Adaptive Reuse 15.2 Draft Local Law Table 3-1 – Permitted Uses – Chapter 360 (Zoning) 15.3 Draft Local Law Table 4-2 – Minimum Parking Requirements - Chapter 360 (Zoning) 15.4 SEQRA Part 1 of Short Env Assessment Form (EAF) re: Proposed Local Law to Amend Nyack Zoning Code Chapter 360 Off-Street Parking DMU-1 Zone Adaptive Reuse

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