Mayor & Village Board of Trustees

Pursuant to Part E of Chapter 417 of the Laws of 2021 all in-person public access to Village Board of Trustees Meeting is suspended. Each Village Trustee will participate remotely either by video or telephone via Zoom. VILLAGE OF PELHAM BOARD OF TRUSTEES SPECIAL MEETING MINUTES TUESDAY, JULY 26, 2022, 7:00 PM VILLAGE HALL - 195 SPARKS AVENUE, PELHAM, NY 10803 Join by Video: https://zoom.us/j/98917409392?pwd=U09KN2MxTnJHWEU2Nm9ndWxQSEgwZz09 Join by Telephone: (929) 205-6099 Meeting ID: 989 1740 9392 Passcode: 030699 AGENDA ITEMS 1. Call to Order 2. Pledge of Allegiance 3. Roll Call Non-Recurring Items 4. Resolution Adopting Statement of Findings for “Village of Pelham Downtown Restoration Initiatives” 5. Public Hearing in Accordance with Section 1411(d) of the Not-for-Profit Corporation Law in Connection with Proposed, Conditioned, Surplus of Certain Village-Owned Property to the Pelham Local Development Corporation 6. Public Hearing on the Proposed Site Plan Application for Pelham House, LLC 7. Resolution Calling for a Special Meeting to Hold a Public Hearing on Proposed Local Law No. 6 of 2022 to Amend Chapter 98-106.3 of the Pelham Village Code Entitled “Business District Floating Zone” Recurring Items 8. Adjournment Next Regularly Scheduled BOT Meetings: Tuesday, August 9, 2022 (Summer Schedule) Tuesday, September 13, 2022 The agenda is subject to change Village Board of Trustees Special Meeting Tuesday, July 26, 2022 Item # 1 - Meeting Called to Order: Mayor Meeting called the meeting to order at 7:03 PM Item # 2 - Pledge of Allegiance: Mayor Mullen led the Pledge of Allegiance at 7:03 PM. Item # 3 - Roll Call: Attendee Name Present Absent Late Mayor Mullen ☒ ☐ ☐ Deputy Mayor Carpenter ☒ ☐ ☐ Village Trustee Hill-Ries ☒ ☐ ☐ Village Trustee Eldahry ☒ ☐ ☐ Village Trustee McGreal ☐ ☒ ☐ Village Trustee Otondi ☒ ☐ ☐ Village Trustee Solomon ☒ ☐ ☐ Village Administrator Scelza ☒ ☐ ☐ Asst. to the Village Administrator Zia ☐ ☒ ☐ Village Board of Trustees Special Meeting Tuesday, July 26, 2022 Non-Recurring Items Item # 4 – Resolution Adopting Statement of Findings for “Village of Pelham Downtown Restoration Initiatives” Whereas, to further the goals of the 2008 Comprehensive Plan the Village Board of Trustees has proposed a set of Restoration Initiatives to implement recommendations in the Village’s Comprehensive Plan; and Whereas, the purpose of the Proposed Restoration Initiatives is to revitalize and activate the downtown by consolidating municipal services into a new municipal center, encouraging mixed-use transit-oriented development, upgrading Village infrastructure, and enhancing the experience of living and conducting business in the downtown with improved amenities for walkers and bicyclists; and Whereas, a cornerstone of the Proposed Restoration Initiatives is a public-private venture that includes a mixed-use transit-oriented development with 127 residential units and 5,000 square feet of commercial space to be constructed on Village-owned land in exchange for the construction of a new approximately 27,545 square foot municipal center to consolidate fire, police and municipal administration services; and Whereas, the Proposed Restoration Initiatives include text amendments to the Business District Floating Zone; and Whereas, the Proposed Restoration Initiatives constitute a Type I action pursuant to the State Environmental Quality Review Act (“SEQRA”) and on March 23, 2021, the Village Board of Trustees declared their intent to be Lead Agency, and required the preparation of a Draft Generic Environmental Impact Statement (“DGEIS”); and Whereas, on March 22, 2022, the Village Board of Trustees and Village staff took a hard look at the preliminary DGEIS for completeness in terms of content and scope, and after making revisions to the DGEIS on March 29, 2022, declared the DGEIS complete for public review; and Whereas, the Village Board of Trustees held a public hearing on April 26, 2022, and held open the written public comment review period until May 7, 2022; and Whereas, the Village Board of Trustees directed that a Final Generic Environmental Impact Statement (“FGEIS”) be prepared to respond to all substantive comments received on the DGEIS; and Whereas, a preliminary Final GEIS (“pFGEIS) was submitted to Village Board of Trustees on June 9, 2022; and Whereas, during a Work Session on June 14, 2022, the Village Board of Trustees reviewed the adequacy of the pFGEIS and requested revisions be made to the document; and Whereas, after revisions were made, on June 28, 2022, the Village Board of Trustees determined the FGEIS to be complete and directed the FGEIS be distributed to the public and to interested and involved agencies; and Village Board of Trustees Special Meeting Tuesday, July 26, 2022 Whereas, the Village Board of Trustees fulfilled its obligations under SEQRA to consider the relevant environmental impacts, facts and conclusions pertaining to the Proposed Action as disclosed in the FGEIS referred to above, and weighed and balanced relevant environmental impacts of the Proposed Action with social, economic and other considerations, and provided a rationale for its decision to approve the Proposed Action in the SEQRA Findings Statement, and has certified that the Proposed Action is consistent with social, economic and other essential considerations from among the reasonable alternatives available, and certified that the Proposed Action avoids or minimizes adverse environmental impacts to the maximum extent practicable and that such impacts will be avoided or minimized to the maximum extent practicable by incorporating as condition to the decision those mitigation measures that were identified as practicable. Now, therefore, be it resolved, by the Board of Trustees of the Village of Pelham as follows: 1. Having thoroughly reviewed the record, the Village of Pelham Board of Trustees hereby adopts the Findings Statement pursuant to SEQRA as attached hereto; and 2. The Village of Pelham Board of Trustees specific findings and determinations are recited in the attached Findings Statement and are hereby incorporated into this Resolution by reference. Be it further resolved, that the attached Findings Statement as adopted herein shall be filed and circulated to all involved and interested agencies in accordance with the SEQRA regulations, 6 NYCRR Part 617. Vote Record - Item # 4 – Resolution Adopting Statement of Findings for “Village of Pelham Downtown Restoration Initiatives” – 7:22 PM Village of Pelham Board of Trustees Special Meeting Tuesday, July 26, 2022 Yes/Aye No/Nay Abstain Absent ☐Approved Mayor Mullen ☒ ☐ ☐ ☐ ☒Approved as Deputy Mayor Carpenter Motion ☒ ☐ ☐ ☐ Amended Village Trustee Hill-Ries ☒ ☐ ☐ ☐ ☐Tabled Village Trustee Eldahry ☒ ☐ ☐ ☐ ☐Withdrawn Village Trustee McGreal ☐ ☐ ☐ ☒ ☐Discussed Village Trustee Otondi ☒ ☐ ☐ ☐ Village Trustee Solomon 2nd ☒ ☐ ☐ ☐ Village Board of Trustees Special Meeting Tuesday, July 26, 2022 Item # 5 – Public Hearing in Accordance with Section 1411(d) of the Not-for-Profit Corporation Law in Connection with Proposed, Conditioned, Surplus of Certain Village- Owned Property to the Pelham Local Development Corporation VILLAGE OF PELHAM NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN pursuant to Section 1411(d)(3) of the Not-for-Profit Corporation Law (“N-PCL”) that the Board of Trustees of the Village of Pelham (the “Board of Trustees”), on Tuesday, July 26, 2022 at 7:00 p.m. at Village Hall, 195 Sparks Avenue, Pelham, New York, and virtually via Zoom or as soon thereafter as practicable, will open a public hearing in connection with the following matter: The Village, along with the Pelham Local Development Corporation (“PLDC”) and Pelham House, LLC (herein, the “Developer”) are proposing a certain multi-phased project (the “Project”) including: (i) The proposed construction of a 127 residential unit building with approximately 5,000 square feet of street level commercial space (the “Mixed Use Building”) with 219 parking spaces (including 60 for Village use) upon certain Village-owned parcels (collectively, the “Village owned parcels”) including the following: (i) the Village Fire House at 217 Fifth Avenue (Section 163.36, Block 2, Lots 23 and 24 on the Town of Pelham Tax Map), which is located in the Business-1 District; and (ii) the Village parking lot on the corner of Third Street and Fifth Avenue and the parking deck on the corner of Third Street and Fourth Avenue (Section 163.36, Block 2, Lot 19 on the Town of Pelham Tax Map), which are located in the Business-2 District; and (ii) The proposed construction of a new approximately 27,754 square foot centrally located Village Municipal Center designed to house fire, police, and Village administrative services, which is not included in the site plan application. The new Village municipal center will be located on the former Capital One Bank site at 200 Fifth Avenue (the “Capital One site”, identified as Section 163.36, Block 2, Lot 28) in the Business-1 District. In furtherance of the proposed Project, PLDC and the Developer entered into a certain Land Development Agreement, dated January 7, 2021 (the “LDA”, as may be amended), wherein the PLDC and Developer, with acknowledgment of the Village, agreed to the terms and conditions pursuant to which the parties would undertake the phased development of the Project. The Village is considering the declaration of fee title to the Village-owned Parcels as conditionally unneeded for Village use to make same available for the phased transfer thereof and undertaking of the Project, all as more particularly outlined within the LDA (collectively, the “Disposition”). In accordance with N-PCL Sections 1411(d)(3) and (4), the Village has scheduled and will conduct a public hearing to consider the Disposition of the Village-owned Parcels to PLDC in furtherance of the Project and the terms of the LDA. All persons wishing to be parties in interest and eligible to be heard at such public hearing should file a notice of appearance by July 26, 2022, together with a statement of the precise grounds of support, or opposition to or interest in the Disposition, with the Board of Trustees. Any person Village Board of Trustees Special Meeting Tuesday, July 26, 2022 who wishes to be a party in interest without filing a notice of appearance may do so by appearing at the public hearing and indicating his or her desire to be a party in interest. Sarah LoPuzzo, Village Clerk Vote Record - Item # 5 – To open Public Hearing in Accordance with Section 1411(d) of the Not-For-Profit Corporation Law in Connection with Proposed, Conditioned, Surplus of Certain Village – Owned Property to the Pelham Local Development Corporation -7:24 PM Village of Pelham Board of Trustees Special Meeting Tuesday, July 26, 2022 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Mullen ☒ ☐ ☐ ☐ ☐Approved as Deputy Mayor Carpenter ☒ ☐ ☐ ☐ Amended Village Trustee Hill-Ries ☒ ☐ ☐ ☐ ☐Tabled Village Trustee Eldahry ☒ ☐ ☐ ☐ ☐Withdrawn Village Trustee McGreal ☐ ☐ ☐ ☒ ☐Discussed Village Trustee Otondi 2nd ☒ ☐ ☐ ☐ Village Trustee Solomon Motion ☒ ☐ ☐ ☐ Public Comment – Maryanne Joyce, 142 Nyac Ave – A request for a more specific description of which properties being traded off? Does the Village plan to retain Village Hall? Mayor Mullen’s responded that by the end of the process it will be Open Lot 2, the open-air lot and the fire house property. We will still own Village Hall and there are no plans that are set in stone for Village Hall. Vote Record - Item # 5 – To Close Public Hearing in Accordance with Section 1411(d) of the Not-For-Profit Corporation Law in Connection with Proposed, Conditioned, Surplus of Certain Village – Owned Property to the Pelham Local Development Corporation -7:27 PM Village of Pelham Board of Trustees Special Meeting Tuesday, July 26, 2022 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Mullen ☒ ☐ ☐ ☐ ☐Approved as Deputy Mayor Carpenter ☒ ☐ ☐ ☐ Amended Village Trustee Hill-Ries ☒ ☐ ☐ ☐ ☐Tabled Village Trustee Eldahry ☒ ☐ ☐ ☐ ☐Withdrawn Village Trustee McGreal ☐ ☐ ☐ ☒ ☐Discussed Village Trustee Otondi 2nd ☒ ☐ ☐ ☐ Village Trustee Solomon Motion ☒ ☐ ☐ ☐ Village Board of Trustees Special Meeting Tuesday, July 26, 2022 Item # 6 – Public Hearing on the Proposed Site Plan Application for Pelham House, LLC VILLAGE OF PELHAM NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Board of Trustees of the Village of Pelham (the “Board of Trustees”), on Tuesday, July 26, 2022 at 7:00 p.m. at Village Hall, 195 Sparks Avenue, Pelham, New York, and virtually via Zoom, or as soon thereafter as practicable, will open a public hearing on an application dated June 4, 2021, and revised on July 11, 2022, of Pelham House, LLC (“Pelham House” or the “Applicant”) seeking inclusion within the BDFZ site plan approval and a lot merger relating to the construction of a 127 residential unit building with approximately 5,000 square feet of street level commercial space (the “Mixed Use Building”) with 219 parking spaces (including 60 for Village use). The property that is the subject of the BDFZ, site plan and lot merger application (collectively, the “Village owned parcels”) is the following: (i) the Village Fire House at 217 Fifth Avenue (Section 163.36, Block 2, Lots 23 and 24 on the Town of Pelham Tax Map), which is located in the Business-1 District; and (ii) the Village parking lot on the corner of Third Street and Fifth Avenue and the parking deck on the corner of Third Street and Fourth Avenue (Section 163.36, Block 2, Lot 19 on the Town of Pelham Tax Map), which are located in the Business-2 District. All persons wishing to be parties in interest and eligible to be heard at such public hearing should file a notice of appearance by July 26, 2022, together with a statement of the precise grounds of support, or opposition to or interest in the application, with the Board of Trustees. Any person who wishes to be a party in interest without filing a notice of appearance may do so by appearing at the public hearing and indicating his or her desire to be a party in interest. The application, including all documents, and plans accompanying the application, is available for public inspection at Village Hall, 195 Sparks Avenue, Pelham, New York 10803, and on the Village’s website at www.pelhamgov.com. Sarah LoPuzzo, Village Clerk Vote Record - Item # 6 – To open Public Hearing on the Proposed Site Plan Application for the Pelham House, LLC – 8:05 PM Village of Pelham Board of Trustees Special Meeting Tuesday, July 26, 2022 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Mullen ☒ ☐ ☐ ☐ ☐Approved as Deputy Mayor Carpenter ☒ ☐ ☐ ☐ Amended Village Trustee Hill-Ries ☒ ☐ ☐ ☐ ☐Tabled Village Trustee Eldahry ☒ ☐ ☐ ☐ ☐Withdrawn Village Trustee McGreal ☐ ☐ ☐ ☒ ☐Discussed Village Trustee Otondi 2nd ☒ ☐ ☐ ☐ Village Trustee Solomon Motion ☒ ☐ ☐ ☐ Village Board of Trustees Special Meeting Tuesday, July 26, 2022 Public Comment – Maryanne Joyce, 142 Nyac Ave – How many apartments are set aside for workforce housing and what size are they? Follow up question – nothing set aside for people with children? And who made the decision of what size apartments would be set aside? What are the income limits for each size apartment; both AMI and dollar amounts? Patrick Normoyle responded – 6 workforce housing units set aside, 2 are studio and 4 are one- bedroom apartments. They are not geared towards families. This decision was made through discussions with the Village. The income limits are: AMI up to 80% of Westchester’s Area Median Income and the range would be, for a household of 1-2, range of up to $70,000- $80,000. Mayor Mullen asked what the workforce housing rent would be? Patrick responded that gross housing cost (rent and all utilities), for a studio unit is around $1,500 and a 1 bedroom is $1,600. Maryanne posed a follow up question: did solar panels end up being a part of the plans? Is there a plan for sustainable landscaping? Patrick Normoyle and JS Yong responded that solar panels and geothermal were explored initially, but there is not enough roof space given the mechanicals and concerns with cost. The building design focus was to make the building as energy efficient as possible and build and entirely electric building. Will be utilizing the second most efficient electrical HVAC units for the project in both residential and municipal center. Lissa So replied regarding the green space landscaping, which will be a combination of hard scape and plantings as well. The plan is to utilize local species. Marilyn Hoyt, 110 6th Ave -- A tough time with flooding, and the original decision not to require the developer to do catch basins was based on the decision that the surface was already impermeable. However, a lot of flooding is occurring, and there is no obvious cost-effective way to mitigate it. If Pelham House had catch basins so it could feed its flood waters out in a measured way after the storm, it would be a big part, and a less expensive way to solve the problem. Pelham House needs to be able to retain significant amounts of its runoff to support the larger issue of flooding at the intersection of 5th and 3rd. Mayor Mullen responded Pelham House is contributing $400,000 towards the Fair Share Mitigation Fund, which can be used directly for this storm drain system. The property is currently all asphalt and the building can be built to deal with rain properly. Patrick Normoyle responded –Noted problem with our storm water system when there is a bad rain event. Laura from Techtonic spoke to the site qualifying for redevelopment as per NYS DEC stormwater design manual and spoke to the proposed plan(s) for the runoff from the building. Important to note they are not increasing the water runoff in the area. The Hazard Mitigation study noted the capacity of the sewer is not sufficient for the area. Mayor Mullen reminded all that the Village has kicked off the Village Wide Flood Mitigation Study. Clifford Raggo, 209 Fourth Ave – Had previously spoken in regard to the design, views the Fourth Avenue side as a “building” and not residential. Had previously requested a change in visuals in doorways, windows, etc. which did not go through. He feels if it was their house, they would not be happy with the design on the Fourth Avenue side. The red brick from the sidewalk all the way up, is there any way to break that up. Village Board of Trustees Special Meeting Tuesday, July 26, 2022 Mayor Mullen responded that there is a general feeling that it does have more of a residential vibe and was planned as such. Mayor Mullen asked if there’s a possibility to break up the look of the red brick, and Greg Breskin responded that the ARB looked at it at length and felt the marble of the base made the building look more commercial. The red brick with the varying textures broke it up better than the alternative. Deputy Mayor Carpenter asked if there are any plans to bury the utility wires on 4th Ave. Patrick Normoyle responded that it is not the plan to bury the wires. The transformer is on a pad between two garage door entrances, how will that reflect sound in the neighborhood? Patrick responded the location was dictated by CONED who did not want an underground vault and transformer must be on property line. In terms of sound and screening, Patrick will check with the engineer and get back to them. Vote Record - Item # 6 – To close Public Hearing on the Proposed Site Plan Application for the Pelham House, LLC – 8:47 PM Village of Pelham Board of Trustees Special Meeting Tuesday, July 26, 2022 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Mullen ☒ ☐ ☐ ☐ ☐Approved as Deputy Mayor Carpenter ☒ ☐ ☐ ☐ Amended Village Trustee Hill-Ries ☒ ☐ ☐ ☐ ☐Tabled Village Trustee Eldahry ☒ ☐ ☐ ☐ ☐Withdrawn Village Trustee McGreal ☐ ☐ ☐ ☒ ☐Discussed Village Trustee Otondi 2nd ☒ ☐ ☐ ☐ Village Trustee Solomon Motion ☒ ☐ ☐ ☐ Mayor Mullen reminded all that written comments will be accepted until Friday, August 5th, 2022. A question was posed regarding front yards and the sizes of the sidewalk in front of the building in regards to what they are now and what they will be. Patrick Normoyle responded that right now the front yard will match up with the existing building line at 11 ft 6.5 inches; along 3rd it is 10 ft 6 inches and along 4th is 10 ft 3 inches. The intention is for them to remain consistent with what they are today. Village Board of Trustees Special Meeting Tuesday, July 26, 2022 Item # 7 – Resolution Calling for a Special Meeting to Hold a Public Hearing on Proposed Local Law No. 6 of 2022 to Amend Chapter 98-106.3 of the Pelham Village Code Entitled “Business District Floating Zone” Whereas, in adopting Local Law No. 2 of 2017 creating the Business District Floating Zone “(BDFZ’), the Village Board of Trustees committed to reviewing the effectiveness of the BDFZ regulations no later than March 31, 2022; and Whereas, the Village Board of Trustees had the opportunity to undertake this review in connection with the preparation of a Generic Environmental Impact Statement evaluating various programs and potential developments to revitalize the Village’s downtown; and Whereas, as part of such review, the Village Board of Trustees has determined that incorporating into the BDFZ several incentives for public amenities to foster downtown vibrancy and redevelopment would be beneficial. Now, therefore, be it resolved, that the Board of Trustees of the Village of Pelham hereby calls for a Special Meeting and Public Hearing on Tuesday, August 2, 2022, at 7:00 p.m. at Village Hall, 195 Sparks Avenue and virtually via Zoom on a proposed local law to amend Chapter 98-106.3 of the Pelham Village Code entitled “Business District Floating Zone”; and Be it further resolved, that the Village Clerk is hereby directed to publish notice of said public hearing. Vote Record - Item # 7 – Resolution Calling for a Special Meeting to Hold a Public Hearing on Proposed Local Law No. 6 of 2022 to Amend Chapter 98-106.3 of the Pelham Village Code Entitled “Business District Floating Zone” – 8:54 PM Village of Pelham Board of Trustees Special Meeting Tuesday, July 26, 2022 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Mullen ☒ ☐ ☐ ☐ ☐Approved as Deputy Mayor Carpenter ☒ ☐ ☐ ☐ Amended Village Trustee Hill-Ries 2nd ☒ ☐ ☐ ☐ ☐Tabled Village Trustee Eldahry ☒ ☐ ☐ ☐ ☐Withdrawn Village Trustee McGreal ☐ ☐ ☐ ☒ ☐Discussed Village Trustee Otondi ☒ ☐ ☐ ☐ Village Trustee Solomon Motion ☒ ☐ ☐ ☐ Village Board of Trustees Special Meeting Tuesday, July 26, 2022 Recurring Items Item # 8 – Adjournment A motion to adjourn was made by Village Trustee Solomon, seconded by Village Trustee Otondi to adjourn the meeting at 8:55 PM. The Village Board voted 6-0 to adjourn the meeting (As Village Trustee McGreal was absent). Respectfully Submitted, Sarah LoPuzzo, Village Clerk