Village Board of Trustees Meeting
Regular MeetingNyack, NY · November 9, 2023
Minutes
Minutes of the Regular Meeting of the Village of Nyack Board of Trustees held at 7:30 on
Thursday, November 9, 2023
Present
Don Hammond Mayor
Joseph Rand Deputy Mayor
Marie Lorenzini Trustee
Donna Lightfoot-Cooper Trustee
Pascale Jean-Gilles Trustee
Also Present
Andrew Stewart Village Administrator
Dennis Michaels Village Attorney
Jennifer Hetling Village Clerk/Treasurer
Meeting called to order at 7:31pm
Pledge of Allegiance
Adoption of Minutes – minutes for 10/26/23 Motion by Donna Lightfoot-Cooper, seconded by
Pascale Jean-Gilles to accept the minutes of 10/26/23. The motion was approved by a
unanimous vote.
Presentation – FastTrack.gov – Building Permit Software – Nancy Brady
Public Hearing 8:00 PM
Public hearing to consider the Village’s adoption of a resolution Declaring a Housing Emergency
and Opting In to the NYS Emergency Tenant Protection Act of 1974 (ETPA).
Motion by Pascale Jean-Gilles, seconded by Marie Lorenzini to open the public hearing at
8:00pm. Motion passed by a unanimous vote.
Brian William – The community needs the protection of the ETPA.
Camella Conklin – She is a landlord at Warren Hills and asked that the Board table the
resolution to try to come to an agreement outside of the ETPA.
Alex Borschstein – As a lawyer he has represented tenants for 38 years. The rents in the County
are out of control and are forcing residents either to become homeless or to move out of the
County.
Charlotte Jack – Would like the ETPA to cover building of less than 25 units because the issues
of high rent increases are happening in smaller buildings as well.
Katherine O’Neill – She is a renter who had increases over the years of about 2% but last years
increase was 12%. She has been plagued with maintenance issues and now this year her increase
is 10%. The owners of smaller buildings are investors and not local to the community so they
don’t care as much.
Richard Lanzarone – There are about 2500 rental units in the Village. 20% of these are for
very low income residents. The largest complex in the village has rents that are already below
the HUD limits for affordable housing.
Nancy Jagelka – She has been addressing the Board about the rent increases for over a year.
The complex where she lives has been conducting illegal business. ETPA will help monitor
rents and management of complexes.
Luke Unger – His rent continues to increase but the building continues to deteriorate. He would
like to continue to live in Nyack but the rent increase are too much.
Tim Foley – He has a lot of appreciation and sympathy for the situation but he doesn’t fell that
ETPA would make it any better. Under ETPA, capital improvements to properties decrease
because landlords cannot afford it.
John Gromada – He is a small landlord in the Village. He believes that ETPA in larger
building will have a positive trickle-down effect to the smaller buildings.
Taylor Mandelbaum – This conversation has gone on too long and many people have been
forced out already. Housing is a human right. People need to be protected from unreasonable
rent increases.
Kristina - She has been renting in the Village for 8 years. Rent has increased annually about
2.5 to 5% per year until last year when her rent increased 53%. She would like the ETPA to be
passed so people can afford to stay in there apartments.
Alex Vursta – He is a landlord and his rents are reasonable. When people move out he does
increase rents to fair market value and he doesn’t feel the Village should limit his ability. If rents
cannot go up then repairs cannot be made.
Rouda Spuraska – The units in her building has had major increase and the ETPA would help
stop that.
Seda Tunell – She is a landlord in Nyack and she has made sacrifices also to invest in the
community. It costs a lot of money to own a property and landlords have a lot of pressure to
manage properly.
Amir Alamir – He has been a resident of Nyack for years. There are landlords that work with
their tenants but there are also others that are greedy corporations.
Kristina – She read two statements from other residents from her complex which stated that
there needs to be renovations which aren’t being done yet the rent keeps increasing.
Charlotte Jack – The rents in her building go to an LLC and she doesn’t believe that they are
putting the increases back into the buildings or the Village. ETPA only protects some tenants
and she believes it might not be enough.
Richard Lanzarone – The 2019 changes to the ETPA had a negative effect on the original law.
Renovations are expense so if ETPA passes the properties are not going to be updated.
Amir Alamir – If landlords want more money then they should do upgrades to make the
residents comfortable.
Alex Borschstein – The statements that landlords are going to suffer losses is not factually true.
Taylor Mandelbaum – Owning property is a business but housing is also a human right. ETPA
is a stop gap, a minimum but its better than nothing.
Foster Bass – The people being pushed out of the Village are hardworking individuals and
deserve a chance.
Motion by Marie Lorenzini, seconded by Pascale Jean-Gilles to close the public hearing at
8:59pm. Motion passed by a unanimous vote.
Public Comment
Laya Atamalia – In regards to resolution 158, the event has been changed to November 16 from
630-830 plus setup and breakdown and they would like to use Hezekiah Easter Park and the
parking lot behind it.
Joe Carlin – There is a specific property owner in the Village that has been behind in taxes for
many years. Can the Village of Nyack withhold land use board approvals to which Attorney
Dennis Michaels responded that it is not constitutional. Asked if any progress has been made
with an attorney that represents a group of tenants.
Resolution No. 2023-156 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 October 26, 2023.
RESOLVED, that General Fund Claims set forth on pages 1 through 12 in the amounts of
General – $136,294.92
Parking -- $2,890.95
Water -- $33,530.71
Capital Projects – $171,002.11
Trust and Agency – $1,212.07
Motion by Donna Lightfoot-Cooper, seconded by Marie Lorenzini to accept the resolution as
presented. The motion was approved by a unanimous vote.
Resolution No. 2023-157 Resolution of the the Board of Trustees of the Village of
Nyack Making Permanent Recent Adjustments to River Space Parking Lot Parking
Policy
WHEREAS, the Board of the Nyack Parking Authority from time to time adjusts parking
policy to adapt to changing community conditions and needs, and the opening of a
supermarket adjacent to the Riverspace parking lot has increased the need for short term
parking that is maximally convenient for visitors to both the supermarket and nearby
businesses;
RESOLVED, the Board of the Nyack Parking Authority authorizes the Village Administrator
to make permanent recent changes to the parking policy at River Space lot, specifically, the
allocation of 16 spaces on the east side fronting the supermarket as “1-hour free/max one
hour” short term spaces, with the remainder of the parking lot operating as normal with
metered parking enforcement.
Motion by Pascale Jean-Gilles, seconded by Marie Lorenzini to accept the resolution as
presented. The motion was approved by a unanimous vote.
Resolution No. 2023-158: Resolution of the Board of Trustees of the Village of Nyack,
to Approving a Special Event Permit Application from Rabbi Russo of Congregation
Sons of Israel for Tuesday, November 14 at Hezekiah Easter Veterans Square
RESOLVED, the Board of Trustees of the Village of Nyack approves a special event permit
application for Tuesday, November 14, 2023, 10 AM – 8 PM, by Rabbi Russo of
Congregation Sons of Israel for use of Hezekiah Easter Veterans Square for the placement of
empty tables and chairs representing hostages in Gaza, with a ceremony at 7:00PM, subject
to provision of required insurance certificate.
Motion by Marie Lorenzini, seconded by Pascale Jean-Gilles to accept the resolution as
presented. The motion was approved by a unanimous vote.
Resolution No. 2023-159: Resolution of the Board of Trustees of the Village of Nyack,
to Approve a Special Event Permit Application from Rabbi Chaim Zvi Erhenreich of
Chabad for Placement of a Menorah During Chanukah at Hezekiah Easter Veterans
Square
RESOLVED, the Board of Trustees of the Village of Nyack approves a special event permit
application from Rabbi Chaim Zvi Ehrenreich of Chabad for placement of a Menorah during
Chanukah at Hezekiah Easter Veterans Square, from December 3 through December 15,
including a Menorah lighting and Chanukah Gelt distribution event on December 10, 2023 at
4 PM, subject to provision of required insurance certificate and coordination with Fire Dept
for truck access and parking.
Motion by Donna Lightfoot-Cooper, seconded by Marie Lorenzini to accept the resolution as
presented. The motion was approved by a unanimous vote.
Resolution No. 2023-160: Resolution of the Board of Trustees of the Village of Nyack,
to Approve a Chamber Request for Free Holiday Parking
RESOLVED, the Board of Trustees of the Village of Nyack approves a temporary change to
parking enforcement policy such that during the holiday period no meter enforcement will
take place on the Friday after Thanksgiving, and Saturdays through December 23, 2023, all
other parking policies to remain in effect.
Motion by Donna Lightfoot-Cooper, seconded by Marie Lorenzini to accept the resolution as
presented. Trustee Rand stated that the free parking policy is confusing and there is plenty pf
parking when you have to pay. People take advantage of free parking and do not move their
cars all day. The motion was approved by a vote of 4-1. (Trustee Rand opposed)
Resolution No. 2023-155: Resolution of the Board of Trustees of the Village of Nyack,
to Approve Street Closures for the Nyack Chamber of Commerce and the Arts Crafts
and Antiques Dealers Association (ACADA) for 2024
RESOLVED, the Board of Trustees of the Village of Nyack approves the closure of Main
Street (Broadway to Franklin St) and Broadway (Cedar Hill Ave to High Ave) for street fairs
on the following dates in 2024, conditioned on payment of Village event support staffing
costs, provision of a list of all vendors for each event as per resolution #178 of 2022, and
payment of a fee of $5 per vendor (with the exception of nonprofit vendors and vendors who
operate owned or leased commercial facilities in Nyack) as per resolution #178 of 2022:
April 14, 2024 SpringFest (Chamber)
May 19, 2024 (ACADA)
July 14, 2024 (ACADA)
September 8, 2023 Septemberfest (Chamber)
October 13, 2024 (ACADA)
RESOLVED, the Board of Trustees of the Village of Nyack approves the closure of Main
Street (Broadway to Franklin St) on August 8, 2024, for the Chamber’s Exotic Car Show
RESOLVED, the Board of Trustees of the Village of Nyack approves the closure of the
Riverspace Parking Lot for the Farmers Market, by the Chamber, weekly on Thursdays, and
the Wednesday before Thanksgiving, and parking will be free of charge in the Village lot
during the market hours.
RESOLVED, the Board of Trustees of the Village of Nyack approves the closure of Main
Street (Broadway to Franklin St) and Broadway (Cedar Hill Ave to Main St for the annual
Halloween Parade on October 26, 2024 (raindate: October 27, 2024).
Motion by Donna Lightfoot-Cooper, seconded by Pascale Jean-Gilles to accept the resolution
as presented. The motion was approved by a unanimous vote.
Resolution No. 2023-161: Resolution of the Board of Trustees of the Village of Nyack,
to Approving Application for a Federal Transportation Alternatives Program Grant
for Sidewalk and Pedestrian Safety Improvements in the Downtown Area.
WHEREAS: After thorough consideration of the various aspects of the problem and study of
available data, has hereby determined that certain work, as described in its application and
attachments, herein called the "Project", is desirable, is in the public interest, and is required
in order to implement the Project; and
WHEREAS, The New York State Department of Transportation has made fund available
from the Federal Highway Administration through the Transportation Alternatives Program
to support bicycle, pedestrian, multi-use path projects and programs and expand
opportunities for non-vehicular transportation choices; and
WHEREAS, the activities of the Project herein improve mobility, provide safe routes for for
pedestrians to access daily needs, public transportation and recreational opportunities,
enhance the character of the village and contribute to its revitalization, and further the
Village of Nyack’s plans for ADA-compliant sidewalks throughout the entire village; and
WHEREAS, the Village deems it to be in the public interest and benefit under these acts to
authorize and direct Don Hammond, as Mayor of the Village of Nyack, New York, to file an
application for funds to the New York State Department of Transportation, Transportation
Alternatives Program.
NOW, THEREFORE, BE IT RESOLVED by the Board of Trustees of the Village of Nyack:
1. That Don Hammond, as Mayor, is hereby authorized to file an application for funding in
support of the construction of an ADA-compliant sidewalk system in the Village’s historic
waterfront and central business district in the area bounded by Cedar Hill Ave, Piermont Rd,
Sixth Ave, and Highland Ave.
2. That the Municipality agrees that it will fund as a match at least 20% of the cost of the Project,
and that funds will be available to initiate the Project's field work upon execution of a contract
with New York State Department of Transportation.
Motion by Marie Lorenzini, seconded by Pascale Jean-Gilles to accept the resolution as
presented. The motion was approved by a unanimous vote.
Resolution No. 2023-162: Resolution of the Board of Trustees of the Village of Nyack
Approving Submission of the 2023 Unpaid Taxes to Rockland County for Relevy
RESOLVED that the Mayor and Trustees are authorized to execute the attached abstract of
unpaid taxes for submission to Rockland County for relevy.
Motion by Donna Lightfoot-Cooper, seconded by Joseph Rand to accept the resolution as
presented. The motion was approved by a unanimous vote.
Resolution No. 2023-163: Village of Nyack Board of Trustees Resolution Declaring
Existence of Public Emergency Requiring Regulation of Residential Rents in Certain
Housing Accommodations Opting In to NYS Emergency Tenant Protection Act (ETPA)
WHEREAS, §8623(a), of Chapter 5 entitled “Emergency Tenant Protection Act of Nineteen
Seventy-Four”, of Title 23, of the Unconsolidated Laws of the State of New York (“ETPA”),
empowers a village to declare the existence of a public emergency requiring the regulation of
residential rents for all, or any class (or classes) of, housing accommodations that are not
exempt from the ETPA as per ETPA §8625 (“local housing emergency”).
WHEREAS, as per ETPA §8623(a), the existence of a local housing emergency shall be a
matter for local determination made by the local legislative body of the village on the basis of
the supply of housing accommodations within the village, the condition of such
accommodations and the need for regulating and controlling residential rents within the
village; which declaration of a local housing emergency may be made as to any class of
housing accommodations if the vacancy rate for such class of housing accommodations,
within such village, is not in excess of five percent (5%).
WHEREAS, at the request of the Village of Nyack Board of Trustees (“Board”), the Village
Administrator of the Village of Nyack (“Village”), in May-June of 2023, conducted a
vacancy survey/study of rental housing accommodations in buildings constructed, or
substantially rehabilitated as residential units, prior to January 1, 1974, and which contain at
least twenty-five (25) dwelling units or apartments (“vacancy survey/study”), which vacancy
study/survey was accepted by the Board at its meeting of October 12, 2023, for the reasons,
and findings, as documented and memorialized in the Board’s Resolution #143 (which
Resolution is incorporated by reference as if fully set forth herein), and which vacancy
survey/study found a rental vacancy rate of 4.55%, for the aforesaid class of housing
accommodations, which is less than 5%.
WHEREAS, the aforesaid rental vacancy rate of 4.55%, for the aforesaid class of housing
accommodations within the Village, is less than the 5% vacancy rate established in ETPA
§8623(a) as a basis for declaring a local housing emergency.
NOW, THEREFORE, BE IT RESOLVED by the Board, as follows:
I. The Board declares that a local housing emergency exists, within the Village, as
contemplated by ETPA §8623(a), and “opts in” to the ETPA.
II. Effective upon adoption of this Resolution, the provisions of the ETPA shall apply to
all buildings within the Village containing twenty-five (25), or more, rental dwelling
units completed prior to January 1, 1974; except for those buildings described in the
following paragraph “III.”
III. The provisions of the ETPA shall NOT apply to buildings within the Village:
(a). that fall within the exceptions set forth in ETPA §8625; or
(b). that are completely and entirely comprised of housing accommodations that
constitute dwelling units that are subject to the Section 8 Housing Choice Voucher
program through the U.S. Department of Housing and Urban Development (i.e.,
100% Section 8 apartments), regardless of whether or not such buildings are
privately owned and/or for-profit; or
(c). whose deeded owners have duly entered into a legally binding and enforceable
agreement or contract with the Village, which shall “run with the land,” and which
agreement or contract addresses, by ameliorative means, the Village’s local
housing emergency in a manner that is satisfactory to the Board.
IV. This Resolution shall take effect immediately.
Motion by Donna Lightfoot-Cooper amended to include Trustee Rand’s rental analysis as a
finding to support the resolution, seconded by Pascale Jean-Gilles to accept the resolution as
presented. The motion was approved by a unanimous vote.
Public Comment - None
Department Reports to the Board of Trustees (based on availability)
-
- Village Administrator – Depew Ave and Main St have completed sidewalk projects.
All the restaurant parklets have been taken off the roadways.
Motion by Donna Lightfoot-Cooper, seconded by Pascale Jean-Gilles to hold an executive
session regarding personnel and potential litigation. Motion passed by a unanimous vote.
Old Business
Works Session on Street Fair Schedule 6:30 PM, 11/9/23
Parking Authority Meeting, 7:15 PM, 11/9/23
Sidewalk construction inspection fees – eliminate per linear foot fee of $10, have flat fee of
$100 for both pre- and post-construction inspection – a resolution will be added to the next
agenda.
New Business
Taco Boys request for food truck as second point of sale in parking lot at 21 NY-59, Nyack, NY
– The board approved the request after posting notice to the neighbors for 2 weeks.
Communications
- Tillman proposal for cell tower at water tank above Oak Hill Cemetery
- Rockland Commission on Human Rights Satellite Office in Nyack, opening 12/5/23, 10:00
AM
- Angel Figueroa, retail cannabis app notification for 10 N Broadway
- DR Pilla request for a waiver of building permit fees – table for further discussions
Public Comment - None
Comments from the Village Board of Trustees
Executive Session
Motion by Marie Lorenzini, seconded by Joseph Rand to move to executive session at 9:56pm.
The motion was approved by a unanimous vote.
Motion by Donna Lightfoot-Cooper, seconded by Pascale Jean-Gilles to move out of executive
session at 10:15pm. The motion was approved by a unanimous vote.
Adjournment
Motion by Joseph Rand, seconded by Marie Lorenzini to adjourn the meeting at 10:15pm.
The motion was approved by a unanimous vote.
Agenda
Village of Nyack
9 North Broadway, Nyack, NY 10960
Village Board of Trustees Meeting
November 9, 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 – minutes for 10/26/23
3. Presentation – FastTrack.gov – Building Permit Software – Nancy Brady
4. Public Hearing 8:00 PM
Public hearing to consider the Village’s adoption of a resolution Declaring a Housing Emergency
and Opting In to the NYS Emergency Tenant Protection Act of 1974 (ETPA).
5. Public Comment – Discussion of Action Items Only – 3 Minute Time Limit.
6. Action Items
5.1 Resolution No. 2023-156 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 October 26, 2023.
RESOLVED, that General Fund Claims set forth on pages 1 through 12 in the amounts of
General – $136,294.92
Parking -- $2,890.95
Water -- $33,530.71
Capital Projects – $171,002.11
Trust and Agency – $1,212.07
5.2 Resolution No. 2023-157 Resolution of the the Board of Trustees of the Village of
Nyack Making Permanent Recent Adjustments to River Space Parking Lot Parking
1
Policy
WHEREAS, the Board of the Nyack Parking Authority from time to time adjusts parking policy to
adapt to changing community conditions and needs, and the opening of a supermarket adjacent to the
Riverspace parking lot has increased the need for short term parking that is maximally convenient
for visitors to both the supermarket and nearby businesses;
RESOLVED, the Board of the Nyack Parking Authority authorizes the Village Administrator to
make permanent recent changes to the parking policy at River Space lot, specifically, the allocation
of 16 spaces on the east side fronting the supermarket as “1-hour free/max one hour” short term
spaces, with the remainder of the parking lot operating as normal with metered parking enforcement.
5.3 Resolution No. 2023-158: Resolution of the Board of Trustees of the Village of Nyack,
to Approving a Special Event Permit Application from Rabbi Russo of Congregation
Sons of Israel for Tuesday, November 14 at Hezekiah Easter Veterans Square
RESOLVED, the Board of Trustees of the Village of Nyack approves a special event permit
application for Tuesday, November 14, 2023, 10 AM – 8 PM, by Rabbi Russo of Congregation Sons
of Israel for use of Hezekiah Easter Veterans Square for the placement of empty tables and chairs
representing hostages in Gaza, with a ceremony at 7:00PM, subject to provision of required
insurance certificate.
5.4 Resolution No. 2023-159: Resolution of the Board of Trustees of the Village of Nyack,
to Approve a Special Event Permit Application from Rabbi Chaim Zvi Erhenreich of
Chabad for Placement of a Menorah During Chanukah at Hezekiah Easter Veterans
Square
RESOLVED, the Board of Trustees of the Village of Nyack approves a special event permit
application from Rabbi Chaim Zvi Ehrenreich of Chabad for placement of a Menorah during
Chanukah at Hezekiah Easter Veterans Square, from December 3 through December 15, including a
Menorah lighting and Chanukah Gelt distribution event on December 10, 2023 at 4 PM, subject to
provision of required insurance certificate and coordination with Fire Dept for truck access and
parking.
5.5 Resolution No. 2023-160: Resolution of the Board of Trustees of the Village of Nyack,
to Approve a Chamber Request for Free Holiday Parking
RESOLVED, the Board of Trustees of the Village of Nyack approves a temporary change to parking
enforcement policy such that during the holiday period no meter enforcement will take place on the
Friday after Thanksgiving, and Saturdays through December 23, 2023, all other parking policies to
remain in effect.
2
5.3 Resolution No. 2023-155: Resolution of the Board of Trustees of the Village of Nyack,
to Approve Street Closures for the Nyack Chamber of Commerce and the Arts Crafts
and Antiques Dealers Association (ACADA) for 2024
RESOLVED, the Board of Trustees of the Village of Nyack approves the closure of Main Street
(Broadway to Franklin St) and Broadway (Cedar Hill Ave to High Ave) for street fairs on the
following dates in 2024, conditioned on payment of Village event support staffing costs, provision of
a list of all vendors for each event as per resolution #178 of 2022, and payment of a fee of $5 per
vendor (with the exception of nonprofit vendors and vendors who operate owned or leased
commercial facilities in Nyack) as per resolution #178 of 2022:
April 14, 2024 SpringFest (Chamber)
May 19, 2024 (ACADA)
July 14, 2024 (ACADA)
September 8, 2023 Septemberfest (Chamber)
October 13, 2024 (ACADA)
RESOLVED, the Board of Trustees of the Village of Nyack approves the closure of Main Street
(Broadway to Franklin St) on August 8, 2024, for the Chamber’s Exotic Car Show
RESOLVED, the Board of Trustees of the Village of Nyack approves the closure of the Riverspace
Parking Lot for the Farmers Market, by the Chamber, weekly on Thursdays, and the Wednesday
before Thanksgiving, and parking will be free of charge in the Village lot during the market hours.
RESOLVED, the Board of Trustees of the Village of Nyack approves the closure of Main Street
(Broadway to Franklin St) and Broadway (Cedar Hill Ave to Main St for the annual Halloween
Parade on October 26, 2024 (raindate: October 27, 2024).
5.3 Resolution No. 2023-161: Resolution of the Board of Trustees of the Village of Nyack,
to Approving Application for a Federal Transportation Alternatives Program Grant for
Sidewalk and Pedestrian Safety Improvements in the Downtown Area.
WHEREAS: After thorough consideration of the various aspects of the problem and study of
available data, has hereby determined that certain work, as described in its application and
attachments, herein called the "Project", is desirable, is in the public interest, and is required in order
to implement the Project; and
WHEREAS, The New York State Department of Transportation has made fund available from the
Federal Highway Administration through the Transportation Alternatives Program to support
bicycle, pedestrian, multi-use path projects and programs and expand opportunities for non-vehicular
transportation choices; and
3
WHEREAS, the activities of the Project herein improve mobility, provide safe routes for for
pedestrians to access daily needs, public transportation and recreational opportunities, enhance the
character of the village and contribute to its revitalization, and further the Village of Nyack’s plans
for ADA-compliant sidewalks throughout the entire village; and
WHEREAS, the Village deems it to be in the public interest and benefit under these acts to
authorize and direct Don Hammond, as Mayor of the Village of Nyack, New York, to file an
application for funds to the New York State Department of Transportation, Transportation
Alternatives Program.
NOW, THEREFORE, BE IT RESOLVED by the Board of Trustees of the Village of Nyack:
1. That Don Hammond, as Mayor, is hereby authorized to file an application for funding in support
of the construction of an ADA-compliant sidewalk system in the Village’s historic waterfront and
central business district in the area bounded by Cedar Hill Ave, Piermont Rd, Sixth Ave, and
Highland Ave.
2. That the Municipality agrees that it will fund as a match at least 20% of the cost of the Project,
and that funds will be available to initiate the Project's field work upon execution of a contract with
New York State Department of Transportation.
5.4 Resolution No. 2023-162: Resolution of the Board of Trustees of the Village of Nyack
Approving Submission of the 2023 Unpaid Taxes to Rockland County for Relevy
RESOLVED that the Mayor and Trustees are authorized to execute the attached abstract of unpaid
taxes for submission to Rockland County for relevy.
5.5 Resolution No. 2023-163: Village of Nyack Board of Trustees Resolution Declaring
Existence of Public Emergency Requiring Regulation of Residential Rents in Certain Housing
Accommodations Opting In to NYS Emergency Tenant Protection Act (ETPA)
WHEREAS, §8623(a), of Chapter 5 entitled “Emergency Tenant Protection Act of Nineteen
Seventy-Four”, of Title 23, of the Unconsolidated Laws of the State of New York (“ETPA”),
empowers a village to declare the existence of a public emergency requiring the regulation of
residential rents for all, or any class (or classes) of, housing accommodations that are not exempt
from the ETPA as per ETPA §8625 (“local housing emergency”).
WHEREAS, as per ETPA §8623(a), the existence of a local housing emergency shall be a matter for
local determination made by the local legislative body of the village on the basis of the supply of
housing accommodations within the village, the condition of such accommodations and the need for
regulating and controlling residential rents within the village; which declaration of a local housing
4
emergency may be made as to any class of housing accommodations if the vacancy rate for such
class of housing accommodations, within such village, is not in excess of five percent (5%).
WHEREAS, at the request of the Village of Nyack Board of Trustees (“Board”), the Village
Administrator of the Village of Nyack (“Village”), in May-June of 2023, conducted a vacancy
survey/study of rental housing accommodations in buildings constructed, or substantially
rehabilitated as residential units, prior to January 1, 1974, and which contain at least twenty-five (25)
dwelling units or apartments (“vacancy survey/study”), which vacancy study/survey was accepted by
the Board at its meeting of October 12, 2023, for the reasons, and findings, as documented and
memorialized in the Board’s Resolution #143 (which Resolution is incorporated by reference as if
fully set forth herein), and which vacancy survey/study found a rental vacancy rate of 4.55%, for the
aforesaid class of housing accommodations, which is less than 5%.
WHEREAS, the aforesaid rental vacancy rate of 4.55%, for the aforesaid class of housing
accommodations within the Village, is less than the 5% vacancy rate established in ETPA §8623(a)
as a basis for declaring a local housing emergency.
NOW, THEREFORE, BE IT RESOLVED by the Board, as follows:
I. The Board declares that a local housing emergency exists, within the Village, as
contemplated by ETPA §8623(a), and “opts in” to the ETPA.
II. Effective upon adoption of this Resolution, the provisions of the ETPA shall apply to all
buildings within the Village containing twenty-five (25), or more, rental dwelling units
completed prior to January 1, 1974; except for those buildings described in the following
paragraph “III.”
III. The provisions of the ETPA shall NOT apply to buildings within the Village:
(a). that fall within the exceptions set forth in ETPA §8625; or
(b). that are completely and entirely comprised of housing accommodations that constitute
dwelling units that are subject to the Section 8 Housing Choice Voucher program through
the U.S. Department of Housing and Urban Development (i.e., 100% Section 8
apartments), regardless of whether or not such buildings are privately owned and/or for-
profit; or
(c). whose deeded owners have duly entered into a legally binding and enforceable agreement
or contract with the Village, which shall “run with the land,” and which agreement or
contract addresses, by ameliorative means, the Village’s local housing emergency in a
manner that is satisfactory to the Board.
IV. This Resolution shall take effect immediately.
7. Public Comment
5
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 Works Session on Street Fair Schedule 6:30 PM, 11/9/23
8.2 Parking Authority Meeting, 7:15 PM, 11/9/23
8.3 Sidewalk construction inspection fees – eliminate per linear foot fee of $10, have flat fee of $100
for both pre- and post-construction inspection?
9. New Business
9.1 Taco Boys request for food truck as second point of sale in parking lot at 23 NY-59, Nyack, NY
10. Communications
10.1 Tillman proposal for cell tower at water tank above Oak Hill Cemetery
10.2 Rockland Commission on Human Rights Satellite Office in Nyack, opening 12/5/23, 10:00 AM
10.3 Angel Figueroa, retail cannabis app notification for 10 N Broadway
11. Public Comment
12. Comments from the Village Board of Trustees
13. Executive Session
14. Adjournment
6
VILLAGE OF NYACK
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that a Public Hearing will be held before the Board of Trustees
(“Board”) of the Village of Nyack (“Village”), at a meeting to be held at Village Hall, 9 North
Broadway, Nyack, NY 10960, on November 9, 2023, at 8:00 PM, concerning the Board’s
consideration of adopting a Resolution, summarized herein as declaring the existence of a public
housing emergency requiring the regulation of residential rents for housing accommodations, in
other words, “opting in” to the Emergency Tenant Protection Act of Nineteen Seventy-Four,
embodied in §8623(a), of Chapter 5, of Title 23, of the Unconsolidated Laws of the State of New
York (“ETPA”), to be applicable to buildings constructed, or substantially rehabilitated as
residential units, prior to January 1, 1974, and which contain at least 25 dwelling units or
apartments.
At such time and place, all persons interested in the subject matter thereof will be heard
concerning same.
Dated: October 13, 2023
Nyack, New York
Jennifer Hetling
Village Clerk/Treasurer
Village of Nyack
Minutes of the Regular Meeting of the Village of Nyack Board of Trustees held at 7:30 on
Thursday, October 26, 2023
Present
Don Hammond Mayor
Joseph Rand Deputy Mayor Trustee
Marie Lorenzini Trustee
Donna Lightfoot-Cooper Trustee
Pascale Jean-Gilles Trustee
Also Present
Andrew Stewart Village Administrator
Dennis Michaels Village Attorney
Jennifer Hetling Village Clerk/Treasurer
Meeting called to order at 7:30pm
Pledge of Allegiance
Adoption of Minutes – minutes for 10/5/23 and 10/12/23 - Motion by Marie Lorenzini,
seconded by Donna Lightfoot-Cooper to accept the minutes of 10/5/23 and 10/12/2023. The
motion was approved by a unanimous vote.
Presentation- Steve Knowlton, Land Use Technical Committee – Affordable Housing
(ADUs) and streamlined sign review process. - Postponed
Public Comments on Action Items – None
Resolution No. 2023-149 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 October 26, 2023.
RESOLVED, that General Fund Claims set forth on pages 1 through 12 in the amounts of
General Fund– $101,843.24
Community Development - $49,696.40
Parking Fund – $27,342.91
Water Fund – $7,524.51
Capital Fund - $97,810.44
Trust & Agency Fund - $627.00
Motion by Pascale Jean-Gilles, seconded by Joseph Rand to accept the resolution as
presented. The motion was approved by a unanimous vote.
Resolution No. 2023-150: Resolution of the Board of Trustees of the Village of Nyack, to
Schedule a Public Hearing at 8 PM on November 9, 2023, to Consider the Village’s Adoption of
a Resolution Declaring the Existence of a Housing Emergency and Opting Into the NYS
Emergency Tenant Protection Act (ETPA)
RESOLVED, the Board of Trustees of the Village of Nyack schedules a Public Hearing for 8 pm on
Thursday, November 9, 2023, to consider to consider the Village’s adoption of a resolution 2
Declaring a Housing Emergency and Opting In to the NYS Emergency Tenant Protection Act of
1974 (ETPA).
Motion by Marie Lorenzini, seconded by Pascale Jean-Gilles to accept the resolution as
presented. The motion was approved by a unanimous vote.
Resolution No. 2023-151: Resolution of the Board of Trustees of the Village of Nyack to
Schedule a Public Hearing at 8:00 PM on December 14, 2023, to Consider the Village's
Adoption of a Local Law Amending the Zoning Code (Chapter 360) of the Village Code so as to
Allow Rooftop Dining in the M Zoning District.
RESOLVED that the Board of Trustees of the Village of Nyack schedules a Public Hearing for 8:00
PM on Thursday, December 14, 2023, to consider the Village's adoption of a Local Law amending
Chapter 360 (Zoning) of the Village Code, so as to allow rooftop dining in the M Zoning District;
and refers the draft Local Law to the Village Planning Board, and to other applicable outside
agencies, for review and report (if any).
Motion by Pascale Jean-Gilles, seconded by Joseph Rand to accept the resolution as
presented. The motion was approved by a unanimous vote.
Resolution No. 2023-152: Resolution of the Board of Trustees of the Village of Nyack to
Schedule a Public Hearing at 8:00 PM on January 11, 2024, to Consider the Village's Adoption
of a Local Law Amending the Zoning Code (Chapter 360) of the Village Code so as to Allow
Applications, that Request Simple or Basic Sign Design Changes, to be Reviewed and
Approved by the Building Department Only.
RESOLVED that the Board of Trustees of the Village of Nyack schedules a Public Hearing for 8:00
PM on Thursday, January 11, 2024, to consider the adoption of a Local Law amending Chapter 360
(Zoning) of the Village Code, so as so as to allow applications, that request simple or basic sign
design changes, to be reviewed and approved by the Village Building Department only; and refers
the draft Local Law to the Village Planning Board, and to other applicable outside agencies, for
review and report (if any).
Motion by Marie Lorenzini, seconded by Pascale Jean-Gilles to accept the resolution as
presented. The motion was approved by a unanimous vote.
Resolution No. 2023-153: Resolution of the Board of Trustees of the Village of Nyack, to
Schedule a Public Hearing on the Village’s Application for Community Development Block
Grant funds for 2024
RESOLVED, the Village CDBG committee having met several times to review community needs
and options for projects within the relevant census tract, and in compliance with CDBG program
requirement for a public hearing on the topic, the Board of Trustees of the Village of Nyack hereby
schedules a public hearing to take public comment on the topic for Thursday, December 14, at 8:30
PM.
Motion by Pascale Jean-Gilles, seconded by Joseph Rand to accept the resolution as
presented. The motion was approved by a unanimous vote.
Resolution No. 2023-154: Resolution of the Board of Trustees of the Village of Nyack, to
Amend Standard Schedule of Fees of the Village of Nyack With Regard to Tree Replacement
Fees
WHEREAS, the Board of Trustees adopted a local law to establish a Standard Schedule of Fees for
Village operations, and may update this Schedule from time to time by resolution, and
WHEREAS, the Board of Trustees on October 5, 2023, amended Chapter 360 (Zoning) of the code
of the Village of Nyack, so as to exempt the removal of a single significant tree from planning board
review and approval, and redefine “significant tree” from a 12 inch diameter to an 8 inch diameter,
which code provides for a fee to be paid to the Village tree replacement fund in cases where on-side
replacement is not feasible,
RESOLVED, where on-site tree replacement is not feasible, the applicant shall be required to pay a
fee to a municipal tree replacement fund in an amount equal to the following amounts per tree to be
removed:
(1) $500 per tree with a diameter of 8 inches to 16 inches.
(2) $1,000 per tree with a diameter greater than 18 inches.
Motion by Marie Lorenzini, seconded by Pascale Jean-Gilles to accept the resolution as
presented. The motion was approved by a unanimous vote.
Resolution No. 2023-155: Resolution of the Board of Trustees of the Village of Nyack, to
Approving Street Closures for the Nyack Chamber of Commerce and the Arts Crafts and
Antiques Dealers Association (ACADA) for 2024
RESOLVED, the Board of Trustees of the Village of Nyack approves the closure of Main Street
(Broadway to Franklin St) and Broadway (Cedar Hill Ave to High Ave) for street fairs on the
following dates in 2024, conditioned on payment of Village event support staffing costs, provision of
a list of all vendors for each event as per resolution #178 of 2022, and payment of a fee of $5 per
vendor (with the exception of nonprofit vendors and vendors who operate owned or leased
commercial facilities in Nyack) as per resolution #178 of 2022:
April 14, 2024 SpringFest (Chamber)
May 19, 2024 (ACADA)
July 14, 2024 (ACADA)
September 8, 2023 Septemberfest (Chamber)
October 13, 2024 (ACADA)
RESOLVED, the Board of Trustees of the Village of Nyack approves the closure of Main Street
(Broadway to Franklin St) on August 8, 2024, for the Chamber’s Exotic Car Show
RESOLVED, the Board of Trustees of the Village of Nyack approves the closure of the Riverspace
Parking Lot for the Farmers Market, by the Chamber, weekly on Thursdays, and the Wednesday
before Thanksgiving, and parking will be free of charge in the Village lot during the market hours. 4
RESOLVED, the Board of Trustees of the Village of Nyack approves the closure of Main Street
(Broadway to Franklin St) and Broadway (Cedar Hill Ave to Main St for the annual Halloween
Parade on October 26, 2024 (raindate: October 27, 2024).
Motion by Donald Hammond, seconded by Marie Lorenzini to table the resolution until the
next meeting. The motion was approved by a unanimous vote.
Public Comment –
Omar Yusef – The Israeli flags that were placed on Main St. are offensive. He feels that
governments should remain neutral.
Amir Alamir – He agreed with the comments of Omar Yusef. He stated that his daughter
experienced hatred (was called a terrorist) in Nyack Middle School.
Rabbi Ehrenreich – Thanked the Board for allowing the menorah placement in Hezekiah Easter
Veterans Memorial Park on December 10th at 4pm.
Jack Dunnigan – The Village should approve the street fairs dates for both the Chamber and
ACADA. There is a lot of prep work that needs to be done in the next few months.
Alex Vursta – He has a property on First Ave and he received a sidewalk violation. He did
replace the sidewalk for a cost of about $5,000 but the permit was $1,200. He stated the fees
don’t make sense. He stated that he stands against rent control. The older buildings are the ones
that need renovations and need the money.
Tristan Dunnigan – It is unfortunate that the street fairs dates were not approved tonight. Not
everyone can be pleased with street fairs and improvements could be made but overall they are
good events. Thanked the Board for supporting the Halloween Parade.
Charles and Kim Oleary – Owners of Crystals On the Rocks located on South Broadway. He
asked if the public hearing on the 9th would be open to public comment to which the Mayor
responded it was. He stated that they are in favor of all five street fairs and will attend the public
hearing.
Joe Carlin – The scheduled 30 minute work session on November 9th is not enough time to
discuss. If any changes are made to the street fair schedule it should be done in 2025.
Roger Cohen – Contracts for the street fairs need to be signed soon.
Carl Cameau – Stated that the street fairs should be updated and have more artists and crafts
which will make Nyack even more of a destination.
Roger Cohen – The last street fair had 330 vendors and over 15,000 people attended so it is not
accurate to say the street fairs have no appeal
Mark Brownstein – He has been a vendor at the street fairs and it takes time to make dramatic
changes. Its not a decision that can be made after a short discussion.
John Gromada – He received a violation for his sidewalk. This can be a tremendous hardship
for the homeowners and he feels bluestone sidewalks are a historic fabric of the character of the
Village. He would like to work with the Village to save the bluestone sidewalks.
Ira Speigel – He is being sued by a person for slipping on their sidewalk. He doesn’t feel that
all bluestone sidewalks should be replaced and each sidewalk should be assessed on its own.
Katrina Hertzberg – Asked why sidewalk replacements have to be concrete and cannot be
bluestone. She also asked if sidewalks are required.
Tyrone Azanedo – Street fairs benefit his business but agrees that they need changes. Overall,
he wants what’s best for Nyack. If street fairs are limited there should be other events.
Carl Cameau – There is a lot of empty commercial space in the Village and asked if the Board
is doing anything to encourage new businesses.
Alex Vursta – He owns “Flights and Pints” and he has been hearing a lot of complaints about
the homeless people in the Village. People are also complaining a lot about parking.
Tyrone Azanedo – Citizens and business owners have been chasing away the homeless people
on their own. We need more things in the Village to bring shoppers in.
John Gromada – We need the commercial rents in town to decrease so new businesses come in.
Jack Dunnigan – The County holds the sales tax and then it trickles down to the municipalities
but he doesn’t feel that Nyack is getting enough.
Tyrone Azanedo – If street fairs are limited, the Chamber of Commerce won’t be able to pay for
other things like the Halloween Parade.
Department Reports
Orangetown Police – The Mayor asked OPD to continue doing their walkarounds. He also
stated that there has been an uptick in panhandling on South Broadway and if residents/business
owners have issues that they need to inform the police so they have the records.
Village Administrator – The Depew sidewalk project is about 80% completed. The Marina
paving project is very close to being completed. The tree committee will be doing another cycle
of tree planting. The water department is in need of a rate increase to cover costs. The water
commission will be reviewing the percent increase at the November meeting.
Village Clerk-Treasurer – Presented financials for the period June 2023 – Aug 2023 to the
Board for their review.
Old Business
Nyack 2030 Climate Action Plan presentation
ETPA – Public Hearing scheduled for 11/9/23 8 PM.
New Business
Sidewalks
Parking Authority meeting on 11/9/23, 7:00 PM.
Motion by Pascale Jean-Gilles, seconded by Donna Lightfoot-Cooper to have an executive
session regarding potential litigation and personnel. Motion passed by a unanimous vote.
Public Comment –
Carl Cameau – Thanked the Board for decorating S. Franklin St for the holidays. He suggested
putting up lights.
Barbara Gromada – Rents are astronomical in the area which in turn causes the price of goods
to increase as well. The affordable housing law is not enough. Suggested using the affordable
housing money to help people effected by urban renewal with down payments
Comments by the Village Board
Pascale Jean-Gilles – Looking forward to the Halloween Parade.
Joseph Rand – The High School kids painted the windows in the Village and they look great.
Congratulated Nicole Hines for being honored by the Rockland County Bar Association.
Marie Lorenzini - Main St looks great for Halloween.
Donald Hammond – Attended the Berea Pastor Recognition event. The Halloween painting is a
great tradition.
Executive Session
Motion by Pascale Jean-Gilles, seconded by Donna Lightfoot-Cooper to move to executive
session at 9:06pm. The motion was approved by a unanimous vote.
Motion by Pascale Jean-Gilles, seconded by Donna Lightfoot-Cooper to move out of executive
session at 9:58pm. The motion was approved by a unanimous vote.
Adjournment
Motion by Joseph Rand, seconded by Marie Lorenzini to adjourn the meeting at 9:59pm. The
motion was approved by a unanimous vote.
From: John McAuliffe
Sent: Monday, October 9, 2023 1:46 PM
To: annmarietlsty@nyack-ny.gov
Subject: Nyack Village: Tillman Infrastructure Tower Proposal; 31929F
I am contacting you on behalf of Tillman Infrastructure, a wireless communication tower and site
development firm. Tillman is actively seeking an owner interested in leasing ground space for the
development of a wireless communication facility in Nyack, NY.
I am writing specifically about your property referenced below to ask if you would be interested in
leasing ground space that would permit Tillman to install a 150-foot-tall monopole and base station
equipment. This proposal would include a defined 100 foot by 100-foot lease area for the pole and base
station equipment. Tillman is offering a monthly lease fee (“rent”) in the amount of $900 for use of the
ground space.
We can discuss business terms in greater detail if you are interested in taking the next step. I look
forward to your reply.
County: Rockland, NY
Municipality: Orangetown
Place: Nyack village
Parcel Id: 59.84-1-1
Address: 280 N Highland Ave
Zip Code: 10960
Owner: Village Of Nyack
<image001.png> John McAuliffe
Site Acquisition Consultant
Mobile: 631-774-7753
jmcauliffe@airosmithdevelopment.com
ROCKLAND COUNTY
COMMISSION ON HUMAN
RIGHTS
Nyack Satellite Office
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NYACK VILLAGE HALL DECEMBER
5TH
9 NORTH BROADWAY, NYACK NY 10960
10 A.M. - 11 A.M. 2023
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