Mayor & Village Board of Trustees
Regular MeetingPelham, NY · July 7, 2015
Minutes
VILLAGE OF PELHAM BOARD OF TRUSTEES
REGULAR MEETING
TUESDAY, JULY 7, 2015, 7:30 PM
VILLAGE HALL – 195 SPARKS AVENUE, PELHAM, NY 10803
MINUTES
1. Call To Order
2. Pledge of Allegiance
3. Mayor’s Report
4. Trustees’ Reports
5. Village Administrator’s Report
6. Public Comments
# Agenda Items:
Non-Recurring Items
7. Resolution Authorizing the Pelham Picture House Fundraiser at Wolfs Lane Approved
Park on September 19, 2015
8. Resolution Calling for a Public Hearing on a Local Law to Establish a Tabled
Community Choice Aggregation (Energy) Program
9. Resolution Designating The Journal News as the Official Newspaper for the Approved
Village of Pelham
10. Resolution Authorizing Warrant Processing on July 21, 2015 Approved
11. Resolution to Accept a Donation for Village Beautification at the Clock Tower, Approved
Benedict Fountain Garden and Grand Staircase
12. Resolution Authorizing the Award of Contract # 2015-01 for Tree Removal, Approved
Trimming and Stump Removal (bid deadline and opening 6/30/15, 11:00 a.m.)
13. Resolution Authorizing an Intermunicipal Agreement with the County of Approved
Westchester for the 2014/15 STOP-DWI Enforcement Crackdown Program
14. Site Plan Application by LaGia Development for 4 Second Avenue for a Approved
Proposed Single-Family Dwelling
15. Site Plan Application by Connolly and Sons for 409 Third Avenue for a Approved
Proposed Single-Family Dwelling
16. Other Business – Resolution Authorizing an Amendment to the Lease Approved
Agreement with AT&T for the 219 5th Avenue Site, NYW&B Timeline, DPW Discussed
Garage Heating System Replacement
Recurring Items
17. Authorizing Accounts Payable Approved
18. Authorizing the Minutes of: May 5, 2015, May 19, 2015, June 2, 2015 and June Approved
16, 2015
19. Adjournment to Executive Session Approved
Next Regularly Scheduled BOT Meetings:
Tuesday, August 18, 2015 (Summer Schedule)
Tuesday, September 8, 2015
All meetings start at 7:30 p.m. unless otherwise noted.
* The Agenda is subject to change.*
Board of Trustees Regular Meeting Tuesday, July 7, 2015
Item # 1 – Meeting called to order:
The meeting of the Board of Trustees was called to order by Mayor Volpe at 7:30 p.m.
Present were Trustees Cassidy, Ferrara, Kagan, Marty and Mutti.
Trustee Reim participated via telephone.
Also present were Village Administrator Yamuder and Assistant to the Village Administrator Scelza.
Item # 2 – Pledge of Allegiance:
The Pledge of Allegiance was led by Mayor Volpe.
Mayor’s Report:
Mayor Volpe reported for fiscal year ending 2014/15 revenues were up by $221,000.00 and expenses
were down by $298,000.00. He thanked former Mayor Cassidy, Village Administrator Yamuder and
all the department heads for their management throughout the year. The auditors presentation on the
fiscal year 2014/15 audit pursuant to New York State Law will take place in September.
Fire Chief Bill Stone submitted his resignation effective June 30, 2015 from the Village. The Mayor
thanked him for his years of service and wished him well on his retirement.
Paving has been completed costing roughly $250,000.00 using a combination of CHIPS money and
fund balance.
Mayor Volpe introduced Cassandra Carol a local resident and recent college graduate who is
interning in Village Hall for the summer months. Mayor Volpe thanked her for all her work.
Finally discussions are continuing with the developers of the 101 Wolfs Lane property. The
developers are interested in applying for some State Grants and the Mayor may write a letter of
support for those efforts.
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Board of Trustees Regular Meeting Tuesday, July 7, 2015
Trustees’ Report:
Trustee Cassidy congratulated the Village Administrator and Department Heads on the Fiscal Year
2014/15 year end budget numbers. He also mentioned he was 80% complete on compiling the
budget by budget database.
********
Trustee Ferrara reported that the Woodland Park Playground grand opening has been delayed due to
a safety issue which will be addressed in the next week or so. The new Village website is in the
development phase and the draft will be distributed to the rest of the Board shortly. The Village in
conjunction with the Chamber of Commerce is looking to re-launch the Business Advisory Committee.
Anyone with Finance, Legal and Marketing experience looking to volunteer should contact her
directly.
********
Trustee Kagan thanked Trustee Mutti for a tour of the Highbrook Highline Property. AT&T cell site
discussion under other business. He also reported that he will be working with the Village Attorney on
striking Chapter 96 of the Village Code entitled water since the Village is no longer in the water
business.
********
Trustee Marty reported that there have been continuing discussions with the developers of the 101
Wolfs Lane Property prior to them going before the Planning Board. He also reminded everyone of
the current leaf blower regulation.
********
Trustee Mutti reported that the hanging baskets donated by the Pelham Preservation & Garden
Society are doing very well and hopefully next year additional baskets will be donated to the
downtown. Street paving came out very nice and the Department of Public Works will be painting the
crosswalks shortly. In association with the paving project ADA compliant curb ramps and crossings
were re-done and the Village is very satisfied with the end product.
********
Trustee Reim had no report.
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Board of Trustees Regular Meeting Tuesday, July 7, 2015
Village Administrator’s Report:
Village Administrator Yamuder thanked the department heads for holding the line on a daily basis
when it comes to the budget. The Village is going through its annual independent financial audit
which will be completed by July 10th with a presentation by the auditors in September. He thanked
Fire Chief Bill Stone for his many years of service to the Village.
Item # 6 – Public Comments
Ann Dumas-Swanson, 205 Highbrook Avenue North, submitted the following statement regarding
the NYW&B Property:
“Following up on the presentation that Trustee Mutti gave last month regarding the NYW&B Property
and conservation and stewardship of this property…
- Many of us who have advocated that the land be conserved for safe public use, are interested
in further progress and action that would support the designation of the land as park land. We
believe that through careful planning -- STEP BY WELL-RESEARCHED STEP -- we can take
this neglected property and – first and foremost conserve the open space, as we have so little
in Pelham, and secondly, seek grant funding that would allow the VOP to maintain the property
without burdening the VOP budgets or taxpayers.
- The land was turned over to the VOP over 75 years ago and it would appear that the time has
come to take some reasonable measures to maintain the property: protect the bridge structure
from further deterioration and remove invasive species that can further degrade the property.
- Opening it to public at some point would come only after a rigorous process of discernment
and planning to ensure that the space could be made safe and could be properly maintained
over time.
In order to obtain funding and receive the resources and support for conservation of this open land –
we must take the first step: park land designation. There are several concerned and dedicated
residents of the Village who would be willing to donate even more time and effort to learning how this
property can be preserved and turned into an asset.
Through our work to this point we have met with several reputable organizations who are dedicated to
the issues and values that I have mentioned. One such organization is Westchester Land Trust.
They have visited the site with us three times and can offer a wealth of information about the various
means and methods for conserving open space and maintaining it – several of these methods do not
involve the creation of land trusts. They can also point us to other communities in our region who
have faced similar issues and have worked through these challenges to achieve workable and
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Board of Trustees Regular Meeting Tuesday, July 7, 2015
sustainable solutions. We believe that they could educate us all about the pros and cons of various
options for grant funding and land management.
On behalf of the Friends of the Highbrook Highline, we hope that the Village Mayor and Trustees will
see fit to make a plan that will allow this process of discernment and action to move forward – with
safety of our citizens and the proper use of Village resources at the top of the list of priorities”.
Mayor Volpe stated Trustee Mutti will be discussing a timeline with the entire Board later on this
evening and he has been working with the Village Attorney on the designation process.
Michael Carpenter, 50 Central Avenue, on behalf of the Pelham Preservation Society and Garden
Society asked the Board for a timeline for responding to the presentation made to the Board
approximately eight weeks ago regarding the Downtown Pelham Historic District designation.
Mayor Volpe responded he will be drafting a letter of support and it should be ready on or before the
August 18th meeting.
Trustee Kagan asked Mr. Carpenter if the purpose of the letter was to start the process in becoming a
certified local government.
Mr. Carpenter responded that it was not. This letter of recommendation is needed to complete the
application started back in 2009 to have the Downtown designated as an Historic District.
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Board of Trustees Regular Meeting Tuesday, July 7, 2015
Non-Recurring Items
Item # 7 – Authorizing the Pelham Picture House Fundraiser at Wolfs Lane Park on September
19, 2015
Amy Cole, Director of Communications for the Pelham Picture House stated this would be the 4 th
annual picnic in the park fundraiser. This is a community friendly fundraiser and has been very
successful for the last three years. Tickets would go on sale in two weeks if approved.
Mary Veith, 155 Nyac Avenue stated last year’s event was very good. She was concerned with the
music stopping promptly at 10:30 p.m. Amy Cole responded this year, like last year, there would be a
DJ instead of a band, which would be easier to stop at the appointed hour.
A motion was then made by Trustee Mutti and seconded by Trustee Ferrara to approve the
resolution. The vote was approved by a vote of seven in favor, none opposed.
Resolution Authorizing the Pelham Picture House Fundraiser at Wolfs Lane on September 19,
2015
Whereas, the Pelham Picture House has requested permission to hold its fourth annual Picnic in the
Park Fundraiser in Wolfs Lane Park on Saturday, September 19, 2015; and
Whereas, the Pelham Picture House shall reimburse the Village for all costs incurred by the Village
as a result of the event, including but not limited to Police Department and Department of Public
Works overtime, and provide a certificate of liability insurance naming the Village as an additional
insured in a form and amount satisfactory to the Village.
Now, therefore, be it resolved, that the Board of Trustees of the Village of Pelham authorizes the
Picture House the use of the section of Wolfs Lane Park directly across from the movie theatre with
access to the park on Friday, September 18th to erect the tent, Saturday, September 19th for the
fundraising event and Monday, September 21st to remove the tent; and
Be it further resolved, that the Mayor and Board of Trustees authorize the appropriate Village
officials and staff to take the necessary and appropriate actions to effectuate this resolution.
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Board of Trustees Regular Meeting Tuesday, July 7, 2015
Item # 8 – Calling for a Public Hearing on a Local Law to Establish a Community Choice
Aggregation (Energy) Program
Village Administrator Yamuder stated Sustainable Westchester, Inc., a not-for-profit organization
comprised of several municipalities in Westchester County of which Pelham is a member received
approval from the New York State Public Service Commission to establish a Community Choice
Aggregation PILOT Program in Westchester aimed at reducing energy costs.
This item was tabled and will be discussed at the August 18th meeting.
Resolution Calling for a Public Hearing on a Local Law to Establish a Community Choice
Aggregation (Energy) Program
Whereas, the Village of Pelham would like to establish a Community Choice Aggregation (Energy)
Program; and
Whereas, the State of New York Public Service has recently issued an Order Granting Petition
(Commission Case 14-M-0564) of Sustainable Westchester for Expedited Approval of the
Implementation of a Pilot Community Choice Aggregation Program with the County of Westchester;
and
Whereas, the Village of Pelham wishes to implement a Community Choice Aggregation Program
pursuant to Section 10(1)(ii)(a)(12) of the New York Municipal Home Rule Law.
Now, therefore, be it resolved, that the Board of Trustees of the Village of Pelham hereby calls for a
Public Hearing on Tuesday, August 18, 2015 at 7:30 pm or soon thereafter at Village Hall, 195
Sparks Avenue, Pelham NY 10803 to consider Introductory Local No. 1 of 2015 to Establish a
Community Choice Aggregation (Energy) Program in the Village of Pelham.
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Board of Trustees Regular Meeting Tuesday, July 7, 2015
Item # 9 – Designating The Journal News as the Official Newspaper for the Village of Pelham
Mayor Volpe mentioned the Village was notified that the Pelham Weekly was going digital only. The
Village is required by State Law to have an official newspaper of general circulation.
After a brief discussion a motion was made by Trustee Ferrara and seconded by Trustee Cassidy to
approve the resolution. The vote was approved by a vote of seven in favor, none opposed.
John Cassone, 7th Avenue, asked the Board to look into using The Pelham Rising as an alternate
newspaper as it is distributed weekly.
Resolution Designating The Journal News as the Official Newspaper for the Village of Pelham
Whereas, the Village of Pelham (“Village”) is required to provide notice of proposed local legislation
and of Village hearings in a newspaper of general circulation; and
Whereas, pursuant to General Construction Law § 60 the term “newspaper” shall mean a paper of
general circulation which is printed and distributed not less frequently than once a week, and which
contains news, articles of opinion (as editorials), features, advertising, or other matter regarded as of
current interest and has a paid circulation; and
Whereas, the Village currently utilizes “The Pelham Weekly” as its official newspaper and has been
notified that its last edition published on paper and distributed by mail was on Friday, June 26, 2015
and they will be going digital-only.
Now, therefore, be it resolved, that the Board of Trustees of the Village of Pelham hereby
designates the Journal News as the official newspaper of the Village of Pelham for the remainder of
the official year.
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Board of Trustees Regular Meeting Tuesday, July 7, 2015
Item # 10 – Authorizing Warrant Processing on July 21,2015
Village Administrator Yamuder stated this resolution is needed in order to keep the bills moving
through July and August until the next meeting on August 18th. He said Trustee Kagan will review the
bills but there will be no meeting.
A motion was then made by Trustee Kagan and seconded by Trustee Marty to approve the
resolution. The vote was approved by a vote of seven in favor, none opposed.
Resolution Authorizing Warrant Processing on July 21, 2015
Be it resolved, that the Board of Trustees of the Village of Pelham hereby authorizes warrant
processing on July 21, 2015 to accommodate the shortened summer Board of Trustee meeting
schedule; and
Be it further resolved, that a Board Member will be scheduled to audit the invoices and copies of the
voucher detail report will be distributed to all Board members.
Now, therefore, be it resolved, that the Board of Trustees of the Village of Pelham hereby approves
payment of the above mentioned claims and authorizes payment thereof.
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Board of Trustees Regular Meeting Tuesday, July 7, 2015
Item # 11 – Accepting a Donation for Village Beautification at the Clock Tower, Benedict
Fountain Garden and Grand Staircase
Mayor Volpe stated this item was tabled from the June 16th meeting.
After a brief discussion a motion was made by Trustee Cassidy and seconded by Trustee Ferrara to
approve the resolution. The vote was approved by a vote of seven in favor, none opposed.
Resolution to Accept a Donation for Village Beautification at the Clock Tower, Benedict
Fountain Garden and Grand Staircase
Be it resolved, that the Board of Trustees of the Village of Pelham herein authorizes the acceptance
of a donation of $500.00 from the Pelham Preservation Garden Society, $500.00 from the
Pelhamwood Association and $500.00 in kind donation from Joe Senerchia (Electrician) for a value
total of $1,500.00 for various plantings and associated work at the Clock Tower, Benedict Fountain
Garden and Grand Staircase Garden with thanks to the donors for their contribution to the Village of
Pelham community.
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Board of Trustees Regular Meeting Tuesday, July 7, 2015
Item # 12 – Authorizing the Award of Contract # 2015-01 for Tree Removal, Trimming and
Stump Removal Services (bid deadline and opening 6/30/2015, 11:00 a.m.)
A motion was made by Trustee Kagan and seconded by Trustee Mutti to approve the resolution. The
vote was approved by a vote of seven in favor, none opposed.
Resolution Authorizing the Award of Contract # 2015-01 for Tree Removal, Trimming and
Stump Removal Services
Whereas, the Village of Pelham requested six (6) and received three (3) proposals for contract #
2015-01 for Tree Removal, Trimming, and Stump Removal in the Village of Pelham; and
Whereas, at 11:00 a.m. E.S.T., Tuesday, June 30, 2015, the Village of Pelham publicly opened and
read three proposals in Village Hall; and
Whereas, on reviewing the proposals, the bids were as follows:
Base Bid
1. Almstead Tree & Shrub Company $20,973.00
2. Manor Tree Company, Inc. $24,790.00
3. Ramiro’s Tree Service, Inc. $33,980.00
Whereas, the Village Administrator has determined that the lowest responsible bid that meets
requirements is Almstead Tree & Shrub Company.
Now, therefore, be it resolved, that the Board of Trustees of the Village of Pelham hereby awards
Contract # 2015-01 for Tree Removal, Trimming and Stump Removal in the Village of Pelham to
Almstead Tree & Shrub Company, at the total bid cost of Twenty thousand nine hundred seventy
three dollars ($20,973.00), as a unit-price contract, with prices provided under the bid for add-on
trees; and
Be it further resolved, that the Mayor and Village Administrator are authorized to take the necessary
and appropriate actions to effect and execute this unit-price contract for these services.
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Board of Trustees Regular Meeting Tuesday, July 7, 2015
Item # 13 – Authorizing an Intermunicipal Agreement with the County of Westchester for the
2014/15 STOP-DWI Enforcement Crackdown Program
Mayor Volpe stated this item was received from the County on June 9 th. The Village has participated
in this program in the past.
A motion was then made by Trustee Ferrara and seconded by Trustee Mutti to approve the
resolution. The vote was approved by a vote of seven in favor, none opposed.
Resolution Authorizing an Intermunicipal Agreement with the County of Westchester for the
2014/15 STOP-DWI Enforcement Crackdown Program
Whereas, the County of Westchester and its municipalities have participated in the Westchester
County STOP-DWI Enforcement Crackdown Program for many years through an intermunicipal
agreement which provides overtime reimbursement for added patrol efforts to enforce New York
State Vehicle & Traffic Laws against intoxicated and impaired driving; and
Whereas, for the period from October 1, 2014 through September 30, 2015, Westchester County
established a grant, not to exceed $12,000.00, available to the Village of Pelham to conduct STOP-
DWI Patrol activities; and
Whereas, the Chief of Police recommends continuing the program and has indicated its success in
past years as an educational and enforcement tool for promoting safe driving throughout the Village.
Now, therefore, be it resolved, that the Board of Trustees of the Village of Pelham herein authorizes
an intermunicipal agreement with the County of Westchester for the STOP-DWI Enforcement
Crackdown Program for a one (1) year period commencing on October 1, 2014 and finishing
September 30, 2015; and
Be it further resolved, that the Mayor, Village Administrator and Chief of Police are authorized to
take the necessary and appropriate actions to effectuate this resolution.
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Board of Trustees Regular Meeting Tuesday, July 7, 2015
Item # 14 – Site Plan Application by LaGia Development for 4 2nd Avenue for a Proposed
Single-Family Dwelling
The Board reviewed the plans submitted for 4 2nd Avenue presented by Aldo DiVito, architect.
Trustee Kagan inquired what was the maximum roof height and where in the plans does it show that.
After a discussion it was determined the roof height is still below the allowable 35’.
Architect DiVito stated there is a 12” diameter Village Tree that will need to be taken down due to
driveway construction. The applicant will be purchasing three new trees for the Department of Public
Works to install. Mayor Volpe asked the applicant to notify the residents in the area of the tree
removal and replacement with three trees.
A motion was then made by Trustee Cassidy and seconded by Trustee Marty to approve the
resolution.
The Mayor asked if there was any discussion.
Trustee Kagan would like to add the condition of a bond as part of this application pursuant to Section
79 of the Village Code and that the Building Inspector set the monetary amount of the bond. This
would protect the Village in case the applicant were to pull away, as was the case with another recent
developer on third avenue, where there is now a fenced-in foundation hole.
The Board is not in favor of imposing this condition. The resolution as read includes the imposition of
additional conditions and requirements as may be necessary from the appropriate Village officials if
need be.
The vote was approved by a vote of seven in favor, none opposed.
MEMO
Date: June 29, 2015
To: Village of Pelham Board of Trustees
From: Village of Pelham Architectural Review Board
Re: Application for proposed new house at 4 Second Avenue
The Architectural Review Board (ARB) recommends that the Village of Pelham Board of Trustees
(BOT) approve the application submitted by La Gia Development Realty Corp. for a one family
dwelling at 4 Second Avenue.
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Board of Trustees Regular Meeting Tuesday, July 7, 2015
Work shall be performed as shown on drawings Z-1, SP-1, A-1, A-2, A-3,A-4, A-5, A-6, A-7, A-8, A-9,
A-10, Plans prepared for ARB by Aldo DiVitto, Architect are dated 5/1/2015, with revisions on
5/20/2015, 6/22/2015 as per ARB comments.
MEMO
Date: July 2, 2015
To: Village of Pelham Board of Trustees
From: Village of Pelham Planning Board
Re: 4 2nd Avenue
Application for new single family 2 ½ story residence
Applicant: Frank DelPonte
The Village of Pelham Planning Board (PB) recommends that the Village of Pelham Board of
Trustees (BOT) approve the application for the construction of a new single family residence at 4 2 nd
Avenue.
The Planning Board on May 12, 2015 unanimously (5-0) approved the application conditioned upon
Applicant providing: a) drawing showing location at rear of house and screening for HVAC
mechanical unit, b) drawing showing fencing on all retaining walls where required by code wall, c)
construction time line, d) information regarding exterior lighting – either down lighting or non-visible
source lighting, e) drainage calculation.
The Applicant has provided the detail and information requested.
Work shall be performed as shown on Project Drawings Sheets A-1, A-2, A-3, A-4, A-003, A-004, and
SP-1, dated 5/1/15 prepared by Aldo DiVito, Architect.
R Veith for the Planning Board
Resolution Approving Site Plan Application by LaGia Development for 4 Second Avenue for a
Proposed Single-Family Dwelling
Resolved, that the application for a Site Plan by La Gia Development Realty Corp. is approved,
based on the review and recommendations by the Planning Board (hereinafter “Planning”) and
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Board of Trustees Regular Meeting Tuesday, July 7, 2015
Architectural Review Board (hereinafter “the ARB”) which the Planning and ARB approval memos are
attached to and made a part of this approval; and
Be it further resolved, that the conditions applied by Planning and ARB are as follows:
1. All work shall be performed in compliance with Planning approval, NY State Building
Code and Village of Pelham Zoning Code, as noted on plan drawings, dated May 1,
2015 as prepared by Aldo DiVitto, Architect. P.C.
2. All plantings for the one family house be as per approved plans inclusive of the three
trees discussed;
3. The house will be built in accordance with the plans which are approved by the Planning
Board and/or the Architectural Review Board of the Village of Pelham ; and
Be it further resolved, that this application for a site plan to include a single family dwelling and
landscaping at 4 Second Avenue is subject to the procedures, regulations and requirements of the
Pelham Village Code and Pelham Building Department; and
Be it further resolved, that the Mayor, Village Administrator, Building Inspector and other
appropriate Village officials are authorized to take the necessary and appropriate actions to effect this
approval, including the imposition of additional conditions and requirements as may be necessary. No
deviations from the site plan without prior approvals from applicable board or agency.
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Board of Trustees Regular Meeting Tuesday, July 7, 2015
Item # 15 – Site Plan Application by Connolly and Sons for 409 Third Avenue for a Proposed
Single-Family Dwelling
The Board reviewed the plans submitted for 409 3rd Avenue presented by Aldo DiVito, architect.
Trustee Kagan inquired what was the maximum roof height and where in the plans does it show that.
After a discussion it was determined the roof height is still below the allowable 35’.
Current site is taken up by a large rock. The owner of the property is an excavator and will be cutting
it down.
Architect DiVito explained the excavating process to the Board which will last approximately six
weeks.
Trustee Kagan asked about the storm water plan for the property. Architect DiVito referenced
drawings C-1 and C-2 which show the drainage pipe layout for the property. The storm water will be
discharged into the Villages main storm water line in the street.
Trustee Kagan asked if the Department of Public Works was consulted on tying into the storm water
drain. Planning Board Chair Veith referenced the Board to review the storm water management plan.
A motion was then made by Trustee Ferrara and seconded by Trustee Mutti to approve the
resolution. The vote was approved by a vote of seven in favor, none opposed.
MEMO
Date: June 29, 2015
To: Village of Pelham Board of Trustees
From: Village of Pelham Architectural Review Board
Re: Application for proposed new house at 409 Third Avenue
The Architectural Review Board (ARB) recommends that the Village of Pelham Board of Trustees
(BOT) approve the application submitted by Connolly and Sons Construction Inc. for a one family
dwelling at 409 Third Avenue.
Work shall be performed as shown on drawings T-1, C-1, C-2, L-001,L-002, A-1, A-2, A-3, A-4, A-5,
A-6, Plans prepared for ARB by Aldo DiVitto, Architect are dated 3/13/2015, with revisions on
5/20/2015 as per ARB comments.
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Board of Trustees Regular Meeting Tuesday, July 7, 2015
MEMO
Date: July 2, 2015
To: Village of Pelham Board of Trustees
From: Village of Pelham Planning Board
Re: 409 3rd Avenue
Application for new single family 2 ½ story residence
Applicant: Patrick Connolly
The Village of Pelham Planning Board (PB) recommends that the Village of Pelham Board of
Trustees (BOT) approve the application for the construction of a new single family residence at 409
3rd Avenue.
The Planning Board on May 12, 2015 unanimously (5-0) approved the application conditioned upon
Applicant providing: a) drawing showing location near north corner of house and screening for HVAC
mechanical unit, b) drawing showing fencing on all retaining walls where required by code wall, c)
construction time line, d) information regarding exterior lighting – either down lighting or non-visible
source lighting, e) drawing showing storm water attenuation going into storm sewer and engineer’s
calculation showing retention capacity greater than required by site after construction.
The Applicant has provided the detail and information requested.
Work shall be performed as shown on Project Drawings Sheets T-1, A-1, A-2, A-3, A-4, A-5, A-6
dated 5/1/15 prepared by Aldo DiVito, Architect, Landscape Sheets L-001, and L-002 dated 3/3/15
prepared by HM White Landscape Architect, and Stormwater Management Plan Sheets C-1 and C-2
dated 2/17/15 prepared by Hudson Engineering Consulting, P.C.
R Veith for the Planning Board
Resolution Approving Site Plan Application by Connolly and Sons for 409 Third Avenue for a
Proposed Single-Family Dwelling
Resolved, that the application for a Site Plan by Connolly & Sons Construction Inc. is approved,
based on the review and recommendations by the Planning Board (hereinafter “Planning”), and
Architectural Review Board (hereinafter “the ARB”) which the Planning and ARB approval memos are
attached to and made a part of this approval along with the various reports accompanying those
approvals; and
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Board of Trustees Regular Meeting Tuesday, July 7, 2015
Be it further resolved, that the conditions applied by Planning and ARB are as follows:
1. All work shall be performed in compliance with Planning approval, NY State Building
Code and Village of Pelham Zoning Code, as noted on plan drawings, dated March 13,
2015 as prepared by Aldo DiVitto Architect, P.C.
2. All plantings for the one family house be as per approved plans;
3. The house will be built in accordance with the plans which are approved by the Planning
Board and/or the Architectural Review Board of the Village of Pelham ; and
4. The Department of Public Works General Foreman Michael Shriman shall review the
plans for the connection to the storm water system; and
5. The rock excavation shall be performed by the Applicant and no one else.
Be it further resolved, that this application for a site plan to include a single family dwelling and
landscaping at 409 Third Avenue is subject to the procedures, regulations and requirements of the
Pelham Village Code and Pelham Building Department; and
Be it further resolved, that the Mayor, Village Administrator, Building Inspector and other
appropriate Village officials are authorized to take the necessary and appropriate actions to effect this
approval, including the imposition of additional conditions and requirements as may be necessary. No
deviations from the site plan without prior approvals from applicable board or agency.
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Board of Trustees Regular Meeting Tuesday, July 7, 2015
Item # 16 – Other Business
Trustee Kagan stated he has heard back from AT&T’s representative with regards to the second
amendment to the lease agreement at the firehouse for the installation of additional communication
devices. The Village will see a slight increase of $2,400.00 a year in the base rent for the additional
devices. The second amendment will be forthcoming and will be subject to later review by the Board.
After a brief discussion a motion was made by Trustee Kagan and seconded by Trustee Marty to
approve the resolution. The vote was approved by a vote of seven in favor, none opposed.
Resolution Authorizing an Amendment to the Lease Agreement with AT&T for the 219 5th
Avenue Site
Be it resolved, that the Board of Trustees of the Village of Pelham authorize the revised proposal
from AT&T for the installation of additional communication devices at 219 5th Avenue consistent with
the plans that are filed with the Building Inspector and;
Be it further resolved, that the Base Lease Rent shall be increased by Two Hundred Dollars
($200.00) per month.
********
Mayor Volpe mentioned heating concerns at the DPW building. The Village will need to spend some
money to make sure the building is properly heated for the upcoming winter season.
Village Administrator stated the intent of the original heating system was designed to use filtered
waste oil in an environmentally friendly way and in an effort to save on oil heating bills. Unfortunately,
the reused waste heating oil has been clogging the heating system and burners. For the past 3 years,
DPW had to use supplemental portable heating units.
Mayor Volpe stated resolution and backup will be presented at the August 18 th meeting and he
wanted to give the Board a heads up.
********
Louise Podszus, 59 Clifford Avenue, asked about the responsibility of homeowners when it comes
to the sidewalks in front of their property.
Mayor Volpe responded it is the obligation of the property owner to maintain the sidewalks in front of
their property. Village staff will be looking into the matter.
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Board of Trustees Regular Meeting Tuesday, July 7, 2015
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Trustee Cassidy thanked outgoing Fire Chief Bill Stone for doing a great job with the Fire Department
and wished him well in his retirement.
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Trustee Mutti reviewed the below NYW&B timeline with the Board. Village Attorney Gallagher is
looking into the legal aspects of the parkland designation. The Board indicated it is comfortable with
the proposed schedule.
NYW&B Parkland Designation Timeline
3/1/11 Resolution passed granting ability to seek grants
A resolution passed by the Village Board at its meeting on March 1 expresses the Board’s interest in
“examining the conversion of the property into a publicly-accessible greenspace to public and private
grantors.” The resolution also stipulates that “any decision on the final disposition of this parcel will be
made by the Board of Trustees and any binding commitments can only be made by the Board of
Trustees.”
6/16/15 Board meeting, PowerPoint presentation on parkland
Presentation posted on Village website
6/26/15 Pelham Weekly article on presentation/discussion
7/7/15 Board Meeting, further discussion
summer 2015 Research on legal implications
9/22/15 Board meeting presentation by Westchester Land Trust
10/6/15 or 10/20/15 Board meeting, vote on parkland designation
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Trustee Mutti stated the Village has been receiving numerous complaints about the condition of the
post office boxes at the train station. Staff will be contacting the Post Office to have them
repair/replaced.
Page 20
Board of Trustees Regular Meeting Tuesday, July 7, 2015
Item # 17 – Authorizing the Accounts Payable
Trustee Cassidy audited the Accounts Payable.
A motion was made by Trustee Cassidy and seconded by Trustee Marty to approve the resolution.
The vote was approved by a vote of seven in favor, none opposed.
Resolution Authorizing the Accounts Payable
Whereas, pursuant to Section 5-524 of the New York State Village Law, the Board of Trustees shall
audit all claims against the Village.
Now, therefore, be it hereby resolved, that the Board of Trustees after audit of the following claims,
authorizes payment for services rendered and materials received, for the following items that have
been submitted to the Treasurer's Office for payment and authorized by the Village Administrator:
Fund Name: Amount
General Fund $628,541.57
Water Fund $80.50
Capital Projects Fund $0.00
Trust and Agency Fund $0.00
CD NYS Main Street Fund $0.00
H3 Fund $0.00
TE Expand Trust Fund $0.00
Grand Total $628,622.07
Now, therefore, be it resolved, that this Board hereby approves payment of the above mentioned
claims and authorizes payment thereof.
Page 21
Board of Trustees Regular Meeting Tuesday, July 7, 2015
Item # 18 – Authorizing the Minutes of: May 5, 2015, May 19, 2015, June 2, 2015 and June 16,
2015
A motion was made by Trustee Kagan and seconded by Trustee Ferrara to approve the minutes of
May 5, 2015. The vote was approved by a vote of six in favor, none opposed. Trustee Cassidy
abstained.
May 5, 2015- Approved
A motion was made by Trustee Kagan and seconded by Trustee Marty to approve the minutes of
May 19, 2015 as amended. The vote was approved by a vote of five in favor, none opposed. Trustees
Cassidy and Mutti abstained.
May 19, 2015- Approved
A motion was made by Trustee Kagan and seconded by Trustee Mutti to approve the minutes of June
2, 2015 as amended. The vote was approved by a vote of seven in favor, none opposed.
June 2, 2015 – Approved
A motion was made by Trustee Mutti and seconded by Trustee Marty to approve the minutes of June
16, 2015 as amended. The vote was approved by a vote of seven in favor, none opposed.
June 16, 2015 - Approved
Item # 19 – Adjournment to Executive Session
A motion was then made by Trustee Reim with a second by Trustee Mutti to adjourn the public
portion of the Board meeting at 9:25 pm and go into Executive Session to discuss three labor
relations matters after which time the Board would adjourn for the evening. The motion was approved
by a vote of seven in favor, none opposed.
Respectfully submitted,
Christopher Scelza
Assistant to the Village Administrator
Page 22
Agenda
VILLAGE OF PELHAM BOARD OF TRUSTEES
REGULAR MEETING
TUESDAY, JULY 7, 2015, 7:30 PM
VILLAGE HALL – 195 SPARKS AVENUE, PELHAM, NY 10803
AGENDA
1. Call To Order
2. Pledge of Allegiance
3. Mayor’s Report
4. Trustees’ Reports
5. Village Administrator’s Report
6. Public Comments
# Agenda Items:
Non-Recurring Items
7. Discussion on The Pelham Picture House Request for Regrading Wolfs Lane Park
8. Resolution Authorizing the Pelham Picture House Fundraiser at Wolfs Lane Park on
September 19, 2015
9. Resolution Calling for a Public Hearing on a Local Law to Establish a Community
Choice Aggregation (Energy) Program
10. Resolution Designating The Journal News as the Official Newspaper for the Village of
Pelham
11. Resolution Authorizing Warrant Processing on July 21, 2015
12. Resolution to Accept a Donation for Village Beautification at the Clock Tower, Benedict
Fountain Garden and Grand Staircase
13. Resolution Authorizing the Award of Contract # 2015-01 Tree Removal, Trimming and
Stump Removal Services (bid deadline and opening 6/30/15, 11:00 a.m.)
14. Resolution Authorizing an Intermunicipal Agreement with the County of Westchester for
the 2014/15 STOP-DWI Enforcement Crackdown Program
15. Site Plan Application by LaGia Development for 4 Second Avenue for a Proposed
Single-Family Dwelling
16. Site Plan Application by Connolly and Sons for 409 Third Avenue for a Proposed
Single-Family Dwelling
17. Other Business
Recurring Items
18. Authorizing Accounts Payable
19. Authorizing the Minutes of: May 5, 2015, May 19, 2015, June 2, 2015 and June 16,
2015
20. Adjournment to Executive Session (if needed)
Next Regularly Scheduled BOT Meetings
Tuesday, August 18, 2015 (Summer Schedule)
Tuesday, September 8, 2015
All meetings start at 7:30 p.m. unless otherwise noted.
*The Agenda is subject to change.*
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