Mayor & Village Board of Trustees

VILLAGE OF PELHAM BOARD OF TRUSTEES REGULAR MEETING MINUTES TUESDAY, SEPTEMBER 27, 2022, 8:00 PM VILLAGE HALL - 195 SPARKS AVENUE, PELHAM, NY 10803 Join by Zoom 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 4. Village Trustees’ Reports 5. Village Administrator’s Report 6. Mayor’s Report 7. Public Comments Non-Recurring Items 8. Resolution Approving Village Provisions Contained in Amended and Restated Land Development Agreement Dated as of September 27, 2022 9. Resolution Approving Amended and Restated Disposition Agreement Dated as of September 27, 2022 10. Resolution Authorizing Conveyance of Village Fire House Site and Parking Lot and Deck to the Pelham Local Development Corporation 11. Resolution Determining that the Proposed Pelham Green Project at 201 Fifth Avenue Will Not Have a Significant Adverse Impact on the Environment 12. Resolution Approving Zoning and Site Plan Application for Pelham Green, LLC. at 201 Fifth Avenue (Inclusion in the Business District Floating Zone in Accordance with § 98-106.3, Site Plan in Accordance with § 79-5, and Lot Merger in Accordance with § 98-135.1) 13. Resolution Authorizing an Inter-Municipal Agreement Extension Between the Village of Scarsdale and the Village of Pelham for the Disposal of Organic Waste 14. Resolution Calling for a Public Hearing on Local Law No. 7 of 2022 to Amend Chapter 90 of the Pelham Village Code “Entitled Vehicles and Traffic” to Reduce Minimum Fines for Certain Violations 15. Other Business – Resolution Calling for Public Hearing on Local Law No. 8 of 2022 to Amend Chapter 86 of the Pelham Village Code entitled “Lawn Maintenance Equipment” Recurring Items 16. Authorizing Budget Amendments and Transfers for Fiscal Year 2022-23 17. Authorizing Accounts Payable 18. Authorizing Minutes of: 19. Adjournment Next Regularly Scheduled BOT Meetings: Tuesday, October 11, 2022 Village Board of Trustees Regular Meeting Tuesday, September 27, 2022 Tuesday, October 25, 2022 Item # 1 - Meeting Called to Order: Mayor Mullen called the meeting to order at 8:06 PM Item # 2 - Pledge of Allegiance: Mayor Mullen led the Pledge of Allegiance at 8:06 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 ☒ ☐ ☐ Item # 4 - Village Trustees’ Report: Village Trustee Hill-Ries – Nothing to Report Village Trustee Kamal Eldahry – Nothing to Report Village Trustee McGreal – Board of Education meeting is being held on Wednesday, September 28, at 7:30PM in the Middle School Library. The Board of Education is seeking interested candidates to fill various seats for this school year. The Board of Education is going completely digital with expanded access to parents in grades K-6 and a reminder to parents to update their emergency contact information. The Council of the Arts are preparing for another great year and has a variety of events going on downtown. Village Trustee Otondi – Fire Department report for July and August – In July there were a total of 88 incidents and in August there were a total of 65 incidents. Fire Inspector Lieutenant Reynolds has been issuing Operating Permits for local businesses. Reminder for information regarding installation of a Knox Box can be obtained by calling Fire Headquarters. Walkthroughs were held for all the schools in the district by the Fire Departments in Pelham and Pelham Manor, and continuing education for EMT. Reminder to get your heating equipment cleaned for the upcoming season and check your batteries in your fire detectors. Village Trustee Solomon – Chamber of Commerce will be announcing their new board on Wednesday, September 28, 2022. Thank you to everyone who participated in the NY Forward Application, and it has been submitted. Thank you to Nanette Bourne and Chris Scelza for your hard work. Deputy Mayor Carpenter – Pelham Children’s Center Pumpkin Fest and 5k Race on Saturday, October 15th, time TBD. Village Board of Trustees Regular Meeting Tuesday, September 27, 2022 Item # 5 - Village Administrator’s Report: Nothing to report. Item # 6 - Mayor’s Report Thank you to County Executive Latimer, Deputy County Executive Ken Jenkins and Mt. Vernon Mayor Shawyn Patterson-Howard regarding the wonderful ribbon cutting ceremony of Memorial Field. We have submitted an application for the NY Forward Grant Program; a new program this year for downtown restoration grants in villages and towns. Thank you to all that came together to brainstorm ideas for the grant. Item # 7 - Public Comments Ken Nilsen, 125 Sixth Ave – Comment on Item 11 on the agenda. He disagrees with the section regarding parking and feels there will be a significant adverse impact to parking that will result in a lot more on-street parking and will affect residences around downtown and effect those who come to downtown as he feels there will be a shortage of parking with no plan to add more parking. Mayor Mullen responded that there is a plan to allow for on-street parking. We were diligent to ensure that the areas would be least impactful. He thanked Mr. Nilsen for his comment. Village Board of Trustees Regular Meeting Tuesday, September 27, 2022 Non-Recurring Items Item # 8 – Resolution Approving Village Provisions Contained in Amended and Restated Land Development Agreement Dated as of September 27, 2022 Whereas, in April 2017, the Village of Pelham (“Village”) Board of Trustees (“Board of Trustees”) adopted the Business District Floating Zone (“BDFZ”) to incentivize transit-oriented development in order to revitalize the downtown business corridor and certain Village properties; and Whereas, the Board of Trustees determined that there are certain parcels of Village-owned land within the BDFZ, including the Village Fire House site at 217 Fifth Avenue (Section 163.36, Block 2, Lots 23 and 24 on the Town of Pelham Tax Map) 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), that are aged and in need of substantial repair or replacement, and are suitably located for residential and commercial development consistent with the goals of the BDFZ; and Whereas, Village Hall, located at 195 Sparks Avenue, is also aged and in need of replacement in order to provide the facilities necessary to promote the efficient government of the Village in a manner that is easily accessible to all Village residents; and Whereas, for these reasons, on February 14, 2018, the Board of Trustees issued a Request for Proposals ("RFP") for the re-development of parcels of certain public and private land located in the Village that would incorporate commercial and residential uses, but would also incorporate essential municipal services and uses, including, potentially, the development of a new Municipal Center, with facilities for the Fire Department, Police Department and the offices currently located in Village Hall; and Whereas, the Village-owned parcels identified for development are: (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) ("Village Fire House Site"); 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) (the "Parking Lot and Deck," collectively, the "Village-owned parcels" or the "LDC-owned parcels," as applicable); and Whereas, on March 29, 2019, after issuance of a Request for Proposals (“RFP”) and careful review and consideration, the Board of Trustees selected Pelham House, LLC as the preferred developer for the re-development of parcels in the BDFZ for essential municipal services and uses, including the development of a new Municipal Center with facilities for the Fire Department, Police Department and Village Hall offices (the “Project”); and Whereas, in order to foster the creation, retention and expansion of jobs and economic opportunities in connection with the Project, the Village created the Pelham Local Development Corporation (“LDC”), whose powers include purchasing, leasing, gifting, bequeathing, devising or otherwise real or personal property or interests therein within the Village; and Whereas, the Village and LDC have entered into an Amended and Restated Disposition Agreement (the "Amended LDC Agreement") dated as of September 27, 2022; and Village Board of Trustees Regular Meeting Tuesday, September 27, 2022 Whereas, the LDC and Pelham House entered into a Land Development Agreement dated as of January 21, 2021 (the “LDA”); and Whereas, at a resolution adopted by the LDC at a special meeting on August 10, 2022, the LDC approved the assignment of the LDA by Pelham House to Pelham Green LLC (“Pelham Green”); and Whereas, the Amended LDA provides that the Village agrees and consents to certain of the provisions contained in the Amended LDA, as provided in the Amended LDA (the “Village Provisions”). Now, therefore, be it resolved, that the Board of Trustees hereby adopts and approves the Village Provisions contained in the Amended LDA; and Be it further resolved, that the Village Administrator is authorized to execute the Amended LDA to evidence the Village’s agreement and consent to the Village provisions; and Be it further resolved, that the Village Administrator, Village staff and counsel for the Village are hereby authorized to take any and all actions necessary to implement the Amended LDA and the Village Provisions. Vote Record - Item # 8 - Resolution Approving Village Provisions Contained in Amended and Restated Land Development Agreement Dated as of September 27, 2022 - 8:57PM Village of Pelham Board of Trustees Regular Meeting Tuesday, September 27, 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 Regular Meeting Tuesday, September 27, 2022 Item # 9 – Resolution Approving Amended and Restated Disposition Agreement Dated as of September 27, 2022 Whereas, in April 2017, the Village of Pelham (“Village”) Board of Trustees (“Board of Trustees”) adopted the Business District Floating Zone (“BDFZ”) to incentivize transit-oriented development in order to revitalize the downtown business corridor and certain Village properties; and Whereas, the Board of Trustees determined that there are certain parcels of Village-owned land within the BDFZ, including the Village Fire House site at 217 Fifth Avenue (Section 163.36, Block 2, Lots 23 and 24 on the Town of Pelham Tax Map) 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), that are aged and in need of substantial repair or replacement, and are suitably located for residential and commercial development consistent with the goals of the BDFZ; and Whereas, Village Hall, located at 195 Sparks Avenue, is also aged and in need of replacement in order to provide the facilities necessary to promote the efficient government of the Village in a manner that is easily accessible to all Village residents; and Whereas, for these reasons, on February 14, 2018, the Board of Trustees issued a Request for Proposals ("RFP") for the re-development of parcels of certain public and private land located in the Village that would incorporate commercial and residential uses, but would also incorporate essential municipal services and uses, including, potentially, the development of a new Municipal Center, with facilities for the Fire Department, Police Department and the offices currently located in Village Hall; and Whereas, the Village-owned parcels identified for development are: (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) ("Village Fire House Site"); 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) (the "Parking Lot and Deck," collectively, the "Village-owned parcels" or the "LDC-owned parcels," as applicable); and Whereas, on March 29, 2019, after issuance of a Request for Proposals (“RFP”) and careful review and consideration, the Board of Trustees selected Pelham House, LLC as the preferred developer for the re-development of parcels in the BDFZ for essential municipal services and uses, including the development of a new Municipal Center with facilities for the Fire Department, Police Department and Village Hall offices (the “Project”); and Whereas, in order to foster the creation, retention and expansion of jobs and economic opportunities in connection with the Project, the Village created the Pelham Local Development Corporation (“LDC”), whose powers include purchasing, leasing, gifting, bequeathing, devising or otherwise real or personal property or interests therein within the Village; and Whereas, the Village and the LDC entered into an agreement dated as of January 7, 2021, under which the Village and LDC agreed to cause the transfer of the Village-owned Parcels to the LDC in phases in furtherance of the Project (the “Village-LDC Agreement”); and Village Board of Trustees Regular Meeting Tuesday, September 27, 2022 Now, therefore, be it resolved, that the Board of Trustees hereby adopts and approves the Amended and Restated Disposition Agreement dated as of September 27, 2022, amending and restating the Village-LDC Agreement (the “Amended Disposition Agreement”); and Be it further resolved, that the Village Administrator is authorized to execute the Amended Disposition Agreement; and Be it further resolved, that the Village Administrator, Village staff and counsel for the Village are hereby authorized to take any and all actions necessary to implement the Amended Disposition Agreement. Vote Record - Item # 9 – Resolution Approving Amended and Restated Disposition Agreement Dated as of September 27, 2022 – 8:58 PM Village of Pelham Board of Trustees Regular Meeting Tuesday, September 27, 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 Regular Meeting Tuesday, September 27, 2022 Item # 10 – Resolution Authorizing Conveyance of Village Fire House Site and Parking Lot and Deck to the Pelham Local Development Corporation Whereas, in April 2017, the Village of Pelham (“Village”) Board of Trustees (“Board of Trustees”) adopted the Business District Floating Zone (“BDFZ”) to incentivize transit-oriented development in order to revitalize the downtown business corridor and certain Village properties; and Whereas, the Board of Trustee determined that there are certain parcels of Village-owned land within the BDFZ, including the Village Fire House site at 217 Fifth Avenue (Section 163.36, Block 2, Lots 23 and 24 on the Town of Pelham Tax Map) 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), that are aged and in need of substantial repair or replacement, and are suitably located for residential and commercial development consistent with the goals of the BDFZ; and Whereas, Village Hall, located at 195 Sparks Avenue, is also aged and in need of replacement in order to provide the facilities necessary to promote the efficient government of the Village in a manner that is easily accessible to all Village residents; and Whereas, for these reasons, on February 14, 2018, the Board of Trustees issued a Request for Proposals ("RFP") for the re-development of parcels of certain public and private land located in the Village that would incorporate commercial and residential uses, but would also incorporate essential municipal services and uses, including, potentially, the development of a new Municipal Center, with facilities for the Fire Department, Police Department and the offices currently located in Village Hall; and Whereas, the Village-owned parcels identified for development are specifically described as: (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) ("Village Fire House Site"); 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) (the "Parking Lot and Deck," collectively, the "Village-owned parcels"); and Whereas, on March 29, 2019, after issuance of a Request for Proposals (“RFP”) and careful review and consideration, the Board of Trustees selected Pelham House, LLC as the preferred developer for the re-development of parcels in the BDFZ for essential municipal services and uses, including the development of a new Municipal Center with facilities for the Fire Department, Police Department and Village Hall offices (the “Project”; and Whereas, in order to foster the creation, retention and expansion of jobs and economic opportunities in connection with the Project, the Village created the Pelham Local Development Corporation (“LDC”), as a duly formed not-for-profit local development corporation pursuant to Section 411 of the Not-for-Profit Corporation (“N-PCL”), whose powers include purchasing, leasing, gifting, bequeathing, devising or otherwise real or personal property or interests therein within the Village; and Whereas, the Village and LDC previously entered into a certain Disposition Agreement relating to the proposed transfer of the Village-owned parcels (“the LDC Agreement”,) dated as of January 21, 2021, as may be amended; and Village Board of Trustees Regular Meeting Tuesday, September 27, 2022 Whereas, the LDC and Pelham House entered into a Land Development Agreement dated as of January 21, 2021 (the “Original LDA”, as may be amended); and Whereas, at a resolution adopted by the LDC at a special meeting on August 10, 2022, the LDC approved the assignment of the LDA by Pelham House to Pelham Green LLC (“Pelham Green”), such assignment having been evidenced by an Assignment and Assumption Agreement, dated as of September 8, 2022; and Whereas, pursuant to N-PCL Section 1411(d), the Village may by resolution determine that the Village-owned parcels are not required for use by the Village and dispose of same to the LDC upon such terms as may be agreed by the Village and LDC (herein, the “Disposition”); and Whereas, by resolution adopted September 27, 2022, the Village has consented to the LDC and Pelham Green entering into an Amended and Restated Land Development Agreement (herein, the “Amended LDA”, a copy of which has been set before this meeting); and Whereas, Pelham Green owns the property known as the Capital One Site located at 200 Fifth Avenue (the "Capital One Site") (Section 163.36, Block 2, Lot 28); and Whereas, the Amended LDA and the Amended LDC Agreement, as applicable, provide for the following transactions, all of which are subject to the terms of those agreements: • The Village will convey to the LDC the Village Fire House Site and the Parking Lot and Deck; • Upon the issuance of all necessary Final Governmental Approvals (as defined in the LDA, including compliance with the State Environmental Quality Review Act) and the satisfaction of all other Conditions of Closing (as defined in the LDA), the LDC will convey to Pelham Green the Parking Lot and Deck, and Pelham Green will convey to the LDC the Capital One Site; • Upon Pelham Green obtaining a certificate of occupancy or temporary certificate of occupancy for the new fire house portion of the Municipal Center at the Capital One Site, subject to the provisions of 3.1.2 of the Amended LDA, the LDC will convey the Village Fire House Site to Pelham Green; • Pelham Green will demolish the existing Village Fire House and the Parking Lot and Deck and design, develop and construct on those parcels a new privately-owned and operated mixed- use development consisting of residential units above street-level commercial space and associated private parking for both uses, as well as sixty (60) parking spaces open to the public in perpetuity with access from Fourth Avenue; • Pelham Green will construct an approximately 27,545 square foot Municipal Center on the Capital One Site, including a new fire house; and • The LDC will convey the Municipal Center to the Village. Whereas, because Pelham Green has agreed to construct a new fire house at the Capital One Site for the Village’s use upon compliance with the aforementioned Conditions of Closing, the Village Fire House Site will no longer be needed for Village or public use; and Whereas, the disposition of and conveyance of the Village Fire House Site to the LDC is in the public interest under all of the circumstances; and Whereas, because Pelham Green has agreed to construct on the Village Fire House Site and the Parking Lot and Deck sixty (60) parking spaces open to the public in perpetuity with access from Fourth Avenue, the Parking Lot and Deck will no longer be needed for Village or public use; and Village Board of Trustees Regular Meeting Tuesday, September 27, 2022 Whereas, the Disposition of and conveyance of Village-owned parcels, including the Parking Lot and Deck to the LDC is in the public interest under all of the circumstances; and Whereas, pursuant to N-PCL sections 1411(d)(1) and (2), the Village therefore desires to undertake the Disposition, whereby the Village will dispose of and convey the Village-owned parcels to the LDC pursuant to the terms of an Amended and Restated LDC Agreement (the “Amended LDC Agreement”, a copy of which has been set before this meeting); and Whereas, pursuant to N-PCL Section 1411(d)(3) and (4), the Board of Trustees held a public hearing concerning the disposition of the Village-owned parcels to the LDC on July 26, 2022 (the “Public Hearing”); and Whereas, based upon the foregoing, the Village desires to authorize the Disposition pursuant to N- PCL Section 1411(d) and the terms and conditions set forth within the Amended and LDC Agreement and LDA. Now, therefore, be it resolved, that based upon the foregoing, including review of all comments received at the Public Hearing, and subject to the discontinued use terms contained within the Amended LDC Agreement and Amended LDA, the Village hereby finds that the Village-owned parcels shall not be required for use by the Village and hereby authorizes to dispose of and convey the Village Fire House Site and Parking Lot and Deck to the LDC in accordance with the terms and conditions set forth in the Amended LDC Agreement and Amended LDA; and Be it further resolved, that the Village hereby authorizes the execution and delivery of the Amended LDC Agreement in substantially the form set before this meeting, with such changes and revisions approved by the Village Administrator, Village staff and counsel for the Village; and Be it further resolved, that the Village Administrator, Village staff and counsel for the Village are hereby authorized to take any and all actions necessary to convey the Village Fire House Site and the Parking Lot and Deck to the LDC in accordance with the terms and conditions set forth in the Amended LDC Agreement. Vote Record - Item # 10 – Resolution Authorizing Conveyance of Village Fire House Site and Parking Lot and Deck to the Pelham Local Development Corporation – 9:00PM Village of Pelham Board of Trustees Regular Meeting Tuesday, September 27, 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 2nd ☒ ☐ ☐ ☐ ☐Discussed Village Trustee Otondi ☒ ☐ ☐ ☐ Village Trustee Solomon Motion ☒ ☐ ☐ ☐ Village Board of Trustees Regular Meeting Tuesday, September 27, 2022 Item # 11 – Resolution Determining that the Proposed Pelham Green Project at 201 Fifth Avenue Will Not Have a Significant Adverse Impact on the Environment Whereas, to implement the recommendations in the Village’s Comprehensive Plan, the Board of Trustees of the Village of Pelham (the “Board of Trustees”) proposed a set of Downtown Restoration Initiatives to revitalize and activate the downtown, and enhance the experience of living and conducting business in downtown with improved amenities for walkers and bicyclists; and Whereas, the Proposed Restoration Initiatives include a public-private venture (“Pelham Green”) that includes a mixed-use transit-oriented property located on Fifth Avenue (identified as Section 163.36, Block 2, Lots 19, 23 and 24 on the Town of Pelham Tax Map) (“Site”) with a mixed-use oriented development with 127 residential units and approximately 5,000 square feet of commercial space (“Pelham Green Project”); and Whereas, pursuant to § 98-106.3 of the of the Code of the Village of Pelham (the “BDFZ”) Pelham Green is requesting to include the Site within the BDFZ, as well as site plan approval and other local permits for the Pelham Green project (“Action”); and Whereas, pursuant to the State Environmental Quality Review Act and the implementing regulations promulgated by the New York State Department of Environmental Conservation (collectively “SEQRA”) the Board of Trustees was designated as the Lead Agency in connection with the environmental review of the proposed Downtown Restoration Initiatives and is also serving as the lead agency in the subsequent environmental review of this Action; and Whereas, the Downtown Restoration Initiatives were classified as a Type I Action under SEQRA and required the preparation of a Generic Environmental Impact Statement (“GEIS”), and Whereas, the Board of Trustees as lead agency under SEQRA prepared a GEIS which disclosed pertinent information about the Downtown Restoration Initiatives inclusive of the Pelham Green Project (including site plans, engineering and architectural details and assessments, and other information about the Pelham Green Project contained in the GEIS), and weighed and balanced the relevant environmental impacts with social, economic, and other considerations for the Board of Trustees to conclude that potential adverse environmental impacts will be avoided or minimized to the maximum extent practicable by incorporating relevant mitigation measures that were identified as practicable in the GEIS, and Whereas, on July 26, 2022, the Board of Trustees adopted, pursuant to SEQRA, the Environmental Findings Statement for the Downtown Restoration Initiatives (the “SEQRA Findings Statement”) which identified conditions and thresholds for further review of future actions (the “SEQRA Findings Statement”); and Whereas, on June 16, 2021, and revised on July 8, 2022, and pursuant to SEQRA, Pelham House (the predecessor to Pelham Green) submitted to the Board of Trustees a project specific Full Environmental Assessment Form (“EAF”) with updated Site Plans and supplemental information concerning potential shadow impacts, traffic impacts, school age children, and environmental site assessment reports; and Whereas, the Board of Trustees as the lead agency reviewing the Pelham Green Project and this Action, has determined that the Action is an Unlisted action under SEQRA; and Village Board of Trustees Regular Meeting Tuesday, September 27, 2022 Whereas, the Board of Trustees has (1) considered the action as defined in 6 NYCRR §§617.2(b) and 617.3(g); (2) reviewed the EAF in context with the SEQRA Findings Statement for the Downtown Restoration Initiatives, the thresholds and criteria for determining significance set forth in 6 NYCRR §617.7(c), and other supporting information to identify the relevant areas of environmental concern of the Pelham Green Project; (3) thoroughly analyzed the identified relevant areas of environmental concern to determine if the Action may have a significant adverse impact on the environment; and (4) set forth its determination of significance in this resolution and attached form; and Now, therefore, be it resolved, after the GEIS, SEQRA Findings Statement and the documents submitted by the applicant, as recited above, the recommendations from the Planning Board and Architectural Review Board and all of the public comments heard at the public hearing on the Pelham Green Project on July 26, 2022, and held open for written comments on the site plan application until August 5, 2022, the Board of Trustees finds and determines as follows: 1. All significant environmental impacts of the Pelham Green project that is the subject of this Action were identified and fully reviewed and analyzed during the Board of Trustees’ review of this Action and the related SEQRA process for the Downtown Restoration Initiatives, addressed in the GEIS, and the SEQRA Findings Statement. Prior to issuing the SEQRA Findings Statement, the Village Board, Planning Board, Architectural Review Board (ARB) and their professional staff and consultants, evaluated the project-specific long Environmental Assessment Form (EAF) and Site Plans, engineering reports, architectural plans and other technical assessments of the Pelham Green Project. The review lasted from March 23, 2021 to July 26, 2022 during which numerous public hearings and meetings with the Applicant and its Design Consultants were conducted. The Village considered the potential impacts associated with redeveloping the Site with a mixed-use development theoretically consisting of 127 residential units and 5,000 square feet of ground floor commercial space. This review included considering various design alternatives including several alternatives for the design of the building mass, materials and coloring, height and architectural pallet. During this review, the following areas of concern were identified and assessed: • Impacts on Land Use, Zoning and Public Policy – The Pelham Green Project would comply with the bulk, height, area and use requirements of the BDFZ, as recently amended. The Village Board found that including the Site within the BDFZ to accommodate the Project would be consistent with the Village’s Comprehensive Plan and overall vision for downtown revitalization. This includes the Village’s desire to: (i) facilitate a range of housing types in the downtown, including affordable residential units; (ii) increase the density of development in the downtown where infrastructure already exists; and (iii) encourage a sustainable mix of commercial and residential uses and improved circulation within the downtown. In addition, the Village determined that requiring a minimum of six units in Project to be reserved for below market rate housing would facilitate these goals. • Community Character and Historic Resources – The Village Board recognized that the demolition of the existing Village fire station, which was designed in 1927 by A.G.C. Fletcher, could be a significant adverse impact to an historic resource. The Pelham Firehouse is listed in the New York State Register under Criterion C of historic buildings and is eligible for listing in the National Register of Historic Places as an intact example of early twentieth-century firehouse architecture designed by a noted local architect, and under Criterion A for its association with the history of the local fire department. While the building is an historic resource, the Village Board recognized that SEQRA requires it to also Village Board of Trustees Regular Meeting Tuesday, September 27, 2022 balance environmental concerns with social and economic factors in its planning and decision-making process. As illustrated in Appendix C of the DGEIS, the existing Fire House has severe structural and operational deficiencies, which will make it difficult for the Village Fire Department to continue providing adequate fire safety services to the community. The Village Board evaluated an alternative in the GEIS to demolition where the fire house would be rehabilitated and renovated to comply with current building and fire code requirements. The Village Board found that due to the dire structural condition of the existing fire station, the cost to rehabilitate this building would be cost prohibitive for the Village and its taxpayer, likely costing approximately $9.8 Million to undertake. Moreover, even if the fire station were to be rehabilitated it would not be able to accommodate modern firefighting equipment. Thus, preserving this building instead of permitting the Project would likely result in a substantial economic burden on the Village and its taxpayers. In contrast, the Village Board, in consultation with the New York State Office of Parks, Recreation and Historic Preservation (OPRHP), identified measures to mitigate any potential significant adverse impact to historic resources associated with permitting the demolition of the building, including memorializing the history of the fire services that have been provided from this building since 1927, and the historical character of the architecture. The documentation and memorialization of the fire station would include photographs, plaques, and written descriptions. documenting and memorializing historic elements of the Fire House. Since the Applicant will be incorporating these measures into the Pelham Green Project, the Village Board has determined that the Action will be carried out in conformance with the conditions and thresholds established in the GEIS and SEQRA Findings Statement. The Village Board, in consultation with the Planning Board and ARB, also evaluated whether the Pelham Green Project could result in a significant adverse impact upon community character and visual resources. As summarized in more detail in the GEIS, the Village Board recognized that the current surface parking lot and adjacent deck at the site fronting Fourth Avenue are deteriorating and rusting. The deteriorating structures are currently prominent features on the Fifth Avenue corridor, detracting from the attractiveness of the downtown. The Pelham Green Project would replace this aging structure with an architecturally distinctive mixed-use building with residential and “walkable” commercial amenities to attract people to the downtown. The Village Board has determined that this redevelopment would improve the character of the area. This includes a varying building design that has an attractive commercial ground floor frontage along Fifth Avenue, along with an appropriate residential frontage with individual entrances along Fourth Avenue to blend with the adjacent homes. The Applicant spent numerous months meeting with the ARB, Planning Board, neighbors and other interested members of the public reviewing shadow studies, architectural plans, materials and renderings to arrive at this design. This review included assessing viewsheds from various locations, including 6th Avenue, 4th Avenue and areas north and south of the Project Site. The ARB, in particular, spent several months working with the Applicant on the design of the roofline along Fifth Avenue in response to concerns raised about the height of the building from the 6th Avenue vantage point. Numerous alternative designs were explored during this process, which ultimately resulted in a building design that the ARB recommends the Village Board approve. The Planning Board also evaluated the height of the building, and in particular, its compliance with the bulk and height requirements of the BDFZ. The Planning Board also issued a recommendation that the Village Board approve the current design of the building. Accordingly, the Village Board has determined that the Project will be carried out in conformance with the conditions and thresholds established in the GEIS and SEQRA Findings Statement relating to potential visual and community character impacts. Village Board of Trustees Regular Meeting Tuesday, September 27, 2022 • Community Services and Utilities – The Pelham Green Project will incorporate the measures identified in the SEQRA Findings Statement to offset potential impacts to the Village sanitary sewer and water system infrastructure in the form of a $400,000.00 fair share mitigation fee paid to the Village upon the issuance of a Certificate of Occupancy for the Project. In addition, as set forth in the GEIS and SEQRA Findings, the Pelham Green Project is not expected to generate a significant number of school-aged children, nor significantly increase the demand on the Village’s recreational resources. The Project would also not result in a significant increase in impervious surface at the Project Site, given its current uses as a paved parking lot/parking deck, and Fire House. The Applicant will also incorporate the appropriate stormwater management measures on Site to ensure that the Project would not result in an increase in runoff or the exacerbation of any existing flooding conditions in the vicinity of the Site. Finally, the Pelham Green Project would result in the construction of a new, modern code-compliant Municipal Center at no cost to the Village, including operationally efficient fire and police stations. These improvements to the Village’s ability to provide efficient fire protection and police services would offset any potential impacts to community services associated with the Project. Accordingly, the Village Board has determined that the Project will be carried out in conformance with the conditions and thresholds established in the GEIS and SEQRA Findings relating to potential community services and utility impacts. • Socioeconomics – The Pelham Green Project would result in a transit-oriented mixed-use development at the Site with a residential density that does not exceed the thresholds deemed acceptable in the SEQRA Findings Statement. The Pelham Green Project will translate into more people living downtown, more commercial amenities along Fifth Avenue and a more enlivened downtown environment. The Pelham Green Project would convert three large downtown parcels currently off the tax rolls, to an income-producing mixed-use development pursuant to a PILOT administered by the Westchester County IDA. In addition, new tax revenues will be generated from residents using downtown commercial, retail and restaurant space. The Pelham Green Project would also alleviate the Village’s need to spend approximately $17 million modernizing the buildings that provide essential Village services, e.g., fire, police, and administrative services in the absence of new municipal facilities. As such, the Village Board determined that the Project would result in significant positive socioeconomic impacts in the Village. • Traffic and Parking – As set forth in the GEIS and SEQRA Findings, the Village Board conducted a thorough traffic study, assessing the potential impact on sixteen intersections in the downtown associated with a full build out of the BDFZ (inclusive of the Pelham Green Project). The traffic study found that each intersection performed at an acceptable level of services except for the Wolfs Lane and Colonial Avenue intersection in the PM peak hour, Fourth and Lincoln Avenue in the AM peak hour, and the Lincoln Avenue and Fifth Avenue intersection in the PM peak hour. To mitigate the potential impacts at these intersections associated with the full BDFZ buildout, the Village identified a traffic operation improvement plan to be implemented by the Village. The Applicant, along with any other future developers in the BDFZ, will contribute a fair share mitigation fee to the Village to help offset the cost of implementing the traffic operation improvement plan. Since the Pelham Green Project includes the payment of such fair share mitigation fee, no further traffic mitigation is necessary. The Village Board also conducted a parking utilization study, evaluating the potential impact associated with the conversion of the Project Site from a parking lot/deck to a mixed-use development. As set forth in the SEQRA Findings, the Village Board of Trustees Regular Meeting Tuesday, September 27, 2022 Village Board determined that any potential parking impact associated with the Project could be addressed through the combination of requiring the Applicant to reserve sixty (60) parking spaces at the Project Site as municipal spaces, the preparation of a Parking Management Plan during Project construction, as well as the Village taking various steps to increase public parking in other municipal lots and incentivize the private development of public parking. Since the Applicant is proposing to reserve 60 spaces as municipal spaces to be administered by the Village (or Village Local Development Corporation), prepare with the Village a Parking Management Plan for the Pelham Green Project construction, and pay a fair share mitigation fee, the Village Board has determined that the Action will be carried out in conformance with the conditions and thresholds established in the GEIS and SEQRA Findings relating to potential traffic and parking impacts. • Environmental Assessment – An Environmental Assessment of subsurface soils on the Project site found that metals and chemical contaminants were present that exceeded NYS Department of Environmental Conservation (NYSDEC) Unrestricted Use Soil Cleanup Objectives (USCOs), Residential Soil Cleanup Objectives (RSCOs), Restricted Residential Cleanup Objectives (RRSCOs), and the NYSDEC Soil Screening Levels for emerging contaminants (NYSDEC Guidelines for Sampling and Analysis of PFAS Under NYSDEC’s Part 375 Remedial Programs, June 2021. An application to include the Site within the New York State Brownfield Cleanup Program (BCP) will be submitted to the NYSDEC. Irrespective of whether the Site is accepted into the BCP, the Applicant will have to remove any contaminated soil found at the Site in accordance with state and federal standards, as well as remediate the Site to levels acceptable for residential use per NYSDEC criteria. Accordingly, the Board of Trustees has determined that there are appropriate regulatory controls in place to ensure that the Action would not result in a significant adverse environmental impact as a result of the materials discovered during the Environmental Assessment of subsurface soil conditions. 2. Based on the foregoing, and after considering the EAF, supplemental information and proposed mitigation, the GEIS and related SEQRA Findings Statement, the Village Board has determined that consistent with Part Section 617 of the SEQRA Regulations, the Project would be carried out in conformance with the conditions and thresholds established for the Pelham Green Project in the GEIS and related SEQRA Findings Statement, and therefore: A. Consistent with the social, economic, and other essential considerations from among the reasonable alternatives thereto, the Action minimizes or avoids adverse environmental effects to the maximum extent practicable. B. The potential adverse environmental impacts of the Action that is the subject of this site plan approval application will be avoided or minimized to the maximum extent practicable by incorporating, as conditions to this decision, those relevant mitigation measures that were identified as practicable in the GEIS, SEQRA Findings Statement, and the EAF. C. The proposed Action will result in no significant adverse impacts on the environment and, therefore an additional environmental impact study need not be prepared. D. Accordingly, the Village Board hereby finds that the requirements of 6 NYCRR Part 617 have been satisfied and issues this negative declaration. Village Board of Trustees Regular Meeting Tuesday, September 27, 2022 Vote Record - Item # 11 – Resolution Determining that the Proposed Pelham Green Project at 201 Fifth Avenue Will Not Have a Significant Adverse Impact on the Environment – 9:01PM Village of Pelham Board of Trustees Regular Meeting Tuesday, September 27, 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 2nd ☒ ☐ ☐ ☐ ☐Discussed Village Trustee Otondi ☒ ☐ ☐ ☐ Village Trustee Solomon Motion ☒ ☐ ☐ ☐ Village Board of Trustees Regular Meeting Tuesday, September 27, 2022 Item # 12 – Resolution Approving Zoning and Site Plan Application for Pelham Green, LLC. at 201 Fifth Avenue (Inclusion in the Business District Floating Zone in Accordance with § 98-106.3, Site Plan in Accordance with § 79-5, and Lot Merger in Accordance with § 98-135.1) Whereas, the Board of Trustees of the Village of Pelham (the “Board of Trustees”) has found and determined that encouraging mixed-use projects within the Village's downtown core will activate street life in the Village of Pelham (the “Village), enhance walkability, promote the Village's culture, enhance the real property tax base, and better utilize existing public services; that there are opportunities within the Village's downtown core to use vacant and underutilized property more efficiently to reinvigorate the Village's downtown area; that creating incentives for higher density development within the Village's downtown core will be more cost-effective because it will use infrastructure that already exists and thereby avoid the need to create additional costly infrastructure; and that those incentives will allow for development within the Village's downtown core that will preserve, complement and be compatible with the character, massing, and scale of adjacent residential land uses; and Whereas, in the furtherance of those purposes the Board of Trustees adopted § 98-106.3, the Business District Floating Zone (“BDFZ”), which authorizes the Board of Trustees to permit and grant site plan approval for proposed developments that comply with the requirements of the BDFZ; and Whereas, to continue implementing the recommendations within the Village’s Comprehensive Plan, the Board of Trustees proposed several projects, the “Downtown Restoration Initiatives,” aimed at restoring and reinvigorating community services in the downtown, and Whereas, to address essential municipal services that are deteriorating and in critical need of restoration, the Downtown Restoration Initiatives included the need to construct a new municipal center to consolidate a new fire station, police station, and Village Hall; and Whereas, on December 7, 2018, Pelham House, LLC (“Pelham House”) responded to a Request for Proposal issued by the Board of Trustees to create a master land use plan that would redevelop several Village-owned properties along the Fifth Avenue commercial corridor and would provide for the construction of a consolidated municipal services facility, i.e., fire station, police station, village hall, and municipal parking, along with a mixed-use, transit-oriented development project, and Whereas, on March 29, 2019, the Board of Trustees selected Pelham House as the preferred developer, and the Village and Pelham House agreed to proceed with the construction of a new municipal center and a privately sponsored mixed-use project subject to the terms and conditions of a certain Disposition Agreement, dated as of January 7, 2021 (the “Disposition Agreement”) and entered into by the Village and Pelham Local Development Corporation (“LDC”), and a certain Land Development Agreement (“LDA”); and Whereas, the cornerstone of this public-private venture is the construction of an approximately 27,545 square foot municipal center to house fire, police, and Village administrative services at the former Capital One Bank Building site at 200 Fifth Avenue; and Whereas, on June 14, 2022, Pelham House submitted a request to the Village and LDC to designate Pelham Green LLC (“Pelham Green”) as an Eligible Transferee, as defined within the LDA, for purposes of allowing Pelham House to assign the Project and its interests in the LDA to Pelham Green (collectively, the “Assignment”); and Village Board of Trustees Regular Meeting Tuesday, September 27, 2022 Whereas, on August 10, 2022, the LDC approved the Assignment, and the LDA, Pelham House and Pelham Green executed and delivered a certain Assignment and Assumption Agreement (with acknowledgment by the Village), dated as of September 8, 2022 (the “Assignment Agreement”); and Whereas, in consideration for Pelham Green’s assumption of all obligations under the LDA, including the commitment for construction of the new municipal building, the LDA contemplates that two parcels of Village-owned property will be transferred through the LDC to Pelham Green in two phases (the “Dispositions”), including (i) the Village Fire House at 217 Fifth Avenue (Section 163.3, Block 2, Lots 23 and 24); 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 163.3, Block 2 Lot 19) (“collectively, the “Site”), and Whereas, Pelham Green proposes to construct a mixed-use development on the 1.2-acre Site in the form of a 5-story building containing 127 residential units consisting of four (4) studio units, 53 one- bedroom units, 64 two-bedroom units and six (6) 3-bedroom units, together with approximately 5,000 square feet of commercial space on the first floor of the building fronting on Fifth Avenue, together with related amenities; and Whereas, one hundred twenty-one (121) of the units will be market rate and six (6) will be workforce housing affordable to households making up to 80 percent of the Average Median Income (AMI); and Whereas, Pelham Green will include on the Site two hundred twenty (220) parking spaces, sixty (60) of which will be made available to the Village in perpetuity for municipal use through an easement; and Whereas, the Downtown Restoration Initiatives were classified as a Type I Action, as defined pursuant to Article 8 of the Environmental Conservation Law and related regulations, collectively referred to as the State Environmental Quality Review Act (collectively herein, “SEQRA”); and Whereas, the Board of Trustees designated itself lead agency pursuant to SEQRA and prepared a Generic Environmental Impact Statement (“GEIS”) for the Downtown Restoration Initiatives which disclosed all pertinent information, and weighed and balanced the relevant environmental impacts with social economic, and other considerations for the Board of Trustees to conclude that potential adverse environmental impacts will be avoided or minimized to the maximum extent practicable by incorporating relevant mitigation measures that were identified as practicable in the GEIS, and Whereas, on July 26, 2022, the Board of Trustees adopted a certain Environmental Findings Statement pursuant to SEQRA, (the “SEQRA Findings Statement”), and Whereas, the development of the Pelham Green Site was one of the projects included in the Downtown Restoration Initiatives that was included in the GEIS; and Whereas, in accordance with the requirements of chapter 79 of the Code of the Village of Pelham (the Village Code”), which governs site plan approval, § 79-5, a formal application for the approval of a site plan titled “Pelham House” (the predecessor of Pelham Green) prepared by Marvel Architects (“Marvel”), dated June 4, 2021, and last revised July 2022, to be located at 217 Fifth Avenue and designated as Section 163.3, Block 2, Lots 19, 23 and 24 on the Village of Pelham Tax Map, was submitted to the Board of Trustees (the “site plan approval application”); and Whereas, on June 4, 2021, in the site plan approval application, Pelham House (the predecessor of Pelham Green) sought to develop the Village-owned property in accordance with the requirements and standards established by Village Code § 98-106.3 and the BDFZ; and Village Board of Trustees Regular Meeting Tuesday, September 27, 2022 Whereas, pursuant to § 98-135.1 of the Village Code and § 7-728 of the New York State Village Code, which govern required approvals for a subdivision, “[n]o person may offer for sale a lot that was not defined as a separate parcel of land on the Tax Map of the Village of Pelham on April 1, 2016, without first obtaining the approval of the Board of Trustees for a subdivision plat in the manner provided by Article 7 of the Village Law” and “[n]o permit for the construction of any building on any lot in a proposed subdivision may be issued unless the subdivision has been duly approved by the Board of Trustees, the plat has been duly filed in the office of the County Clerk and the street or highway giving access to the lot has been suitably improved to the satisfaction of the Board of Trustees or a performance bond as required by the Board of Trustees has been duly filed with the Board of Trustees;” and Whereas, Pelham Green has requested a merger of the 1.2-acre Site designated as Section 163.3, Block 2, Lots 19, 23 and 24 on the Village of Pelham Tax Map that pursuant to Village Code § 98- 135.1, and Whereas, pursuant to § 79-5 of the Village Code, in considering the site plan approval. application, the Board of Trustees is required to take into consideration the public health, safety and general welfare and the comfort and convenience of the public in general and of the residents or users of the proposed Pelham House development and the immediate neighborhood and prescribe conditions with regard to achieving the stated objectives, and Whereas, the development site is located in the Residential-M and Business-1 zoning districts; and Whereas, pursuant to the LDA, Pelham Green is authorized to apply for permits and approvals necessary to develop the three Village-owned parcels and to bind Pelham Green to all of the conditions and requirements that will be imposed if that site plan application is approved; and Whereas, Pelham House (the predecessor to Pelham Green) previously submitted to the Village Building Inspector a declaration of intent to develop accompanied by the requisite documents and information; and Whereas, Pelham House (the predecessor to Pelham Green) submitted a formal and complete proposed site plan application prepared by Marvel dated April 7, 2021 (“100% Schematic Design Package”) revised on March 3, 2019 (“BDFZ Submission 1”), April 7, 2021 (“BDFZ Submission 2”), and last revised July 16, 2022 (“Design Development Package”), pursuant to Chapter 79 of the Village Code, showing a proposed development and use of the property; and Whereas, Pelham House (the predecessor to Pelham Green) previously provided notice of the site plan application to all property owners contiguous to the development site in accordance with § 79-6 of the Village Code; and Whereas, Pelham Green has submitted the fees required in accordance with the fee schedule promulgated pursuant to § 34-23 of the Village Code; and Whereas, Pelham Green has agreed to accommodate the relocation of certain wireless devices and equipment (the “Wireless Equipment”) that is presently located on the Village fire house building at 217 Fifth Avenue (the “firehouse”) pursuant to leases between the Village and certain wireless communications companies (the “wireless carriers”), and to negotiate the modification of leases with the wireless carriers under which the Wireless Equipment will be permanently located on the mixed- used building to be constructed on the development site; and Whereas, the existing Village firehouse was constructed by the A.C.G. Fletcher in 1927 and is eligible for listing in the National Register of Historic Places, and Village Board of Trustees Regular Meeting Tuesday, September 27, 2022 Whereas, pursuant to a site visit to the firehouse on September 1, 2021 by Stephen Tilly, Principal of Stephen Tilly, Architect, the structural condition of the existing firehouse was found to be “poor” and not viable to be rehabilitated or adaptively reused; and Whereas, Pelham Green will document the history of the volunteer fire-fighting company and their members, as well as the firehouse’s historic use for community purposes with an on-site marker and photographs, and written descriptions documenting and memorializing historic elements of the Fire House in archival form pursuant to the guidance from the NY State Historic Preservation Office (“SHPO”); and Whereas, in July 2022, Pelham House (the predecessor to Pelham Green) engaged the services of SESI Consulting Engineers to perform a geotechnical investigation to evaluate potential foundation design parameters; and Whereas, as part of the geotechnical investigation SESI evaluated subsurface soil conditions and discovered the presence of metals and chemical contaminants that exceeded NYS Department of Environmental Conservation (NYSDEC) Unrestricted Use Soil Cleanup Objectives (USCOs), Residential Soil Cleanup Objectives (RSCOs), Restricted Residential Cleanup Objectives (RRSCOs), and the NYSDEC Soil Screening Levels for emerging contaminants (NYSDEC Guidelines for Sampling and Analysis of PFAS Under NYSDEC’s Part 375 Remedial Programs, June 2021; and Whereas, Pelham Green intends to submit an application to enter into the Brownfield Cleanup Program (BCP) to defray the costs for the site cost associated with the poor soil conditions on the site; and Whereas, Pelham Green shall commit to removing the contaminated soil and remediating the Site to levels acceptable for residential use per NYSDEC criteria; and Whereas, Pelham House (the predecessor to Pelham Green) has submitted the following documents and plans in support of the site plan approval application: • Cover letter from David Cooper, Esq to Hon. Chance Mullen, Mayor of the Village of Pelham and the members of the Board of Trustees, dated July 11, 2022. • The site plan application and declaration of intent to develop, prepared by Marvel and dated March 3, 2019, April 7, 2021 and last revised July 16, 2022, unless otherwise noted: o T-001, Title o G-015, Abbreviations and Symbols o G-030, Survey, prepared by Tectonic Engineering, dated February 23, 2022 o G-031, Context Photos o G-032, Vicinity Plan o G-033, Shadow Studies, dated February 23, 2022, and last revised March 16, 2022 o G-034, Shadow Studies, dated February 23, 2022, and last revised March 16, 2022 o Z-000, Zoning Map, Tax Map, Flood Map o Z-001, Zoning- Analysis, Plot Plan, Diagrams o Z-002, Zoning – Heights and Setbacks o Z-003, Zoning – Parking o Z-050, Gross Floor Areas o A-000, Site Plan o A-090, Unit Mix Summary & Key Plans, dated March 16, 2022 Village Board of Trustees Regular Meeting Tuesday, September 27, 2022 o A-100, Cellar Floor Plan o A-102, 1st Floor Plan o A-103, 2nd Floor Plan o A-103, 3rd Floor Plan o A-104, 4th Floor Plan o A-105, 5th Floor Plan o A-106, Roof Floor Plan o A-201A, Ground Floor RCP, dated March 16, 2022 o A-310, Building Elevations, dated March 16, 2022 o A-311, Building Elevations, dated March 16, 2022 o A-330, Building Sections o A-331, Building Sections o C-101, General Notes and Legends o C-102, Site Plan o C-103, Grading and Drainage Plan o C-104, Erosion & Sediment Control Plan o C-105, Utility Plan o C-201, Details o C-202, Details o C-203, Details o C-204, Details o L-100, Ground Floor Landscaping Plan, dated March 16, 2022 • Full Environmental Assessment Form, Part 1, prepared by BFJ Planning, dated June 16, 2021, and last revised July 8, 2022, with the following additional materials: o Pelham Fire House Site Visit Report and Assessment, prepared by Stephen Tilly, Architect. o Pelham House School Age Children Generation, prepared by BFJ Planning o SHPO Correspondence, dated July 27, 2021. • Traffic Impact Study, Wolfs Lane/Fifth Avenue, prepared by MASER Consulting P.A. for Excelsior Housing Group, LLC, dated September 9, 2019 • SWPPP Stormwater Pollution Prevention Plan, prepared by Tectonic Engineers, Geologists and Land Surveyors, dated March 2022, and last revised July 2022 • Phase I Environmental Site Assessment, 217-219 5th Avenue, Pelham NY, prepared by Hillman Consulting, LLC, dated April 23, 2020 • Phase II Environmental Site Assessment Report for Proposed Mixed-Use Development, 5th Avenue, Pelham, New York, prepared for Pelham House LLC, and prepared by SESI Consulting Engineers, dated May 2022. Whereas, on June 22, 2021, the Board of Trustees determined that General Municipal Law § 239-n and Westchester County Administrative Code § 277.61 required that the proposed action be referred to the Westchester County Planning Board for review and comment and directed the Village Clerk to make that referral; and Village Board of Trustees Regular Meeting Tuesday, September 27, 2022 Whereas, on June 22, 2021, the Village Clerk referred the proposed action to the Westchester County Planning Board for review and comment; and Whereas, pursuant to the Village Code § 98-106.3(C) the Board of Trustees also referred the proposed project to the Village Planning Board (the “Planning Board’) and Architectural Review Board (the “ARB”); and Whereas, on June 22, 2022, Pelham House (the predecessor of Pelham Green) submitted a site plan approval application to the Village Planning Board and ARB for the purpose of obtaining their recommendations with respect to the application in accordance with Village Code § 79-6A; and Whereas, the Planning Board conducted a detailed review of the site plan approval application on June 29, 2021, December 14, 2021, and January 18, 2022, and, on February 15, 2022, submitted to the Board of Trustees a resolution recommending approval with conditions; and Whereas, the ARB conducted a detailed review of the application on July 21, 2022, September 22, 2021, November 17, 2021, December 16, 2021 and March 16, 2022, and submitted to the Board of Trustees, on March 24, 2022, a resolution recommending approval with conditions; and Whereas, on July 26, 2022, after due notice, the Board of Trustees opened a public hearing with respect to the site plan approval application; and Whereas, the Board of Trustees thereafter continued the public hearing on the site plan approval application until August 5, 2022 to receive and consider public comments; and Whereas, the Board of Trustees has considered the design guidelines in the BDFZ established by Village Code § 98-106.3(E)(9); and Whereas, on June 16, 2021, and revised on July 8, 2022, and pursuant to SEQRA, Pelham House (the predecessor to Pelham Green) submitted to the Board of Trustees a project specific Full Environmental Assessment Form (“EAF”) with supplemental information concerning potential shadow impacts, traffic impacts, school age children, and environmental site assessment reports; and Whereas, the Board of Trustees has (1) considered the action as defined in 6 NYCRR §§617.2(b) and 617.3(g); (2) reviewed the EAF in context with the SEQRA Findings Statement for the Downtown Restoration Initiatives the thresholds and criteria for determining significance set forth in 6 NYCRR §617.7(c) and other supporting information to identify the relevant areas of environmental concern; (3) thoroughly analyzed the identified relevant areas of environmental concern to determine if the action may have a significant adverse impact on the environment; and Whereas, on September 27, 2022 the Board of Trustees found that the requirements of 6 NYCRR Part 617 were satisfied and issued a “Negative Declaration” pursuant to and in accordance with SEQRA; and Whereas, the Board of Trustees has considered the standards for site plan review established by Village Code § 79-5, §§ 87-1 et seq. and the applicable requirements set forth in Village Code § 98- 106.3 (the “BDFZ”). Now, therefore, be it resolved, after considering the documents submitted by the applicant, as recited above, the recommendations from the Planning Board and Architectural Review Board and all of the public comments heard at the public hearing, the Board of Trustees of the Village of Pelham finds and determines as follows: 1. All significant environmental impacts of the Project (including the Dispositions) that are the subject of the site plan approval application were fully reviewed and analyzed during the Village Board of Trustees Regular Meeting Tuesday, September 27, 2022 related SEQRA process for the Downtown Restoration Initiatives, addressed in the GEIS, and the SEQRA Findings Statement, and in the project-specific Environmental Assessment Form (EAF); and; and 2. The Site is of such character that it can be used safely for building purposes without danger to health or peril from fire, flood, drainage or other menace to neighboring properties or the public health, safety and welfare; the proposed lots satisfy the zoning regulations except as modified by this determination in accordance with Village Code §98-106.4; and there are no roads within the proposed lot merger; and 3. To enable and encourage flexibility of design and development of land in such a manner as to preserve its natural and scenic qualities, protect areas of meaningful ecological value, reduce flood hazards, facilitate the adequate and economical provision of streets and utilities, minimize negative environmental impacts, improve the aesthetic quality of new residential developments, encourage the conservation of energy, increase recreational opportunities and otherwise promote the planned and environmentally desirable use of land, the Board of Trustees finds that development of the Site as proposed is commensurate with the public benefit and meets the applicable provisions of Chapter 98 of the Village Code with respect to lot coverage and minimum lot area per dwelling unit in connection with the public benefits of the project and the redevelopment of the property; and 4. The project as described in the site plan approval application and the additional documents and submissions (the “Pelham House project”) satisfies the requirements of Village Code § 98- 106.3 (BDFZ), the standards for site plan review established by Chapter 79 of the Village Code, and the criteria for subdivision approval/lot merger set forth in Village Code § 98-135.1 and § 7-728 of the New York State Village Law; and Be it further resolved, that after considering the site plan approval application and additional documents and submissions, as detailed above, the recommendation by the ARB and the Planning Board and all of the public comments heard at the public hearing, the Board of Trustees finds and determines as follows: 1. The site plan approval application is hereby approved subject to the following conditions: 1. Prior to the issuance of a building permit, Pelham Green shall submit to the Building Inspector the following, all of which shall be adequate and complete as determined by the Building Inspector and the Village: i. A complete and final set of drawings and plans for the Pelham Green project that address the comments of the ARB, dated March 24, 2022, in order that the ARB be given the opportunity to review, comment on, and forward to the Board of Trustees prior to the issuance of a building permit its recommendation regarding the following design components: o Main entry (Third Street) awning details above main entry. o Main entry doors and windows and the niche below the awnings. o Fourth Avenue entry niches, including the door/windows and awnings. o Fourth Avenue door specification. o Store front door/window specifications. o Removal of vertical stiles above the storefronts as required to allow for a sign in the sign band o Garage door specification. Village Board of Trustees Regular Meeting Tuesday, September 27, 2022 o Balcony railing details. o Standing seam metal roof specification with the smallest rib height possible. o Roof guardrail details and its location relative to the exterior wall, including a site section to determine how much will be visible from the street. o Window specifications, which includes simulated divided lights and the muntin dimension. o Replacement of the Sweetbay tree to a larger tree that will contribute to the tall canopy of the streetscape. o A pallet of the materials to be used. o Light fixture specifications. ii. Provide detailed architectural plans addressing the public access to the parking garage from both Fourth and Fifth Avenue, which shall include signage, lighting and architectural details and any other needed details. 2. Prepare a Construction Management Plan to include the following: o A detailed Construction Phasing Plan o A Staging Plan, including planned closures of sidewalks, roadways, traffic lanes, and/or parking spaces, with plans outlining mitigation of negative effects to the public o Construction logistics including construction narrative, common items such as operating hours, site security, temporary lighting, temporary construction worker parking, etc. o A detailed plan concerning public safety and site security, site lighting o An Erosion and Sediment Control Plan consistent with the Construction Phasing Plan that details silt fencing, the location of soil and debris stockpiles, concrete washout area, equipment entrances, etc. o A plan to control and limit noise and vibration o A plan to manage dust, stormwater runoff, and site drainage o A plan for the delivery of materials by phases o A plan detailing how materials, construction vehicles and heavy trucks will circulate on the site and move to/from the site by construction phase o Signage providing the contact information and feedback protocol between neighbors regarding construction activities o A plan for temporary utility structures or equipment and proof of utility shut offs o A plan for maintenance of safe pedestrian access via a Site Safety Plan indicating protection of pedestrians, sidewalk, foundation shoring/bracing and details o A system to prevent standing water from accumulating in lower levels of site. 3. Documentation sufficient to demonstrate that Pelham Green has, or will, accommodate the relocation to the development site of the Wireless Equipment and negotiate leases with the wireless carriers under which the Wireless Equipment will be permanently located on the mixed-used building to be constructed on the development site; and 4. Submission of and payment of fees as required by the Village Code and the amended and restated LDA, approved by and between Pelham Green and the LDC; and 5. Prior to the issuance of the first temporary certificate of occupancy (“TCO”) for the mixed- use building, Pelham Green shall notify the Board of Trustees of the engagement by Pelham Green of a qualified not-for-profit housing organization whose responsibility it will be to manage the selection and oversight of the workforce housing units. The workforce housing units shall be  Village Board of Trustees Regular Meeting Tuesday, September 27, 2022 made available to households with Area Median Incomes (“AMIs”) at or below 80%. The not- for-profit housing organization shall report to the Board of Trustees on an annual basis the status of the occupancy of these units; and 6. Pelham Green shall demonstrate in writing that all landscaping and screening between the Pelham Green property and the surrounding residential properties to the west will be maintained by Pelham Green in perpetuity; and 7. Pelham Green shall provide in writing a commitment to maintain in perpetuity off-street bicycle parking facilities and resident storage space within the building; and 8. Pelham Green shall provide to the Village Board and the Building Inspector prior to the issuance of a building permit, architectural details, i.e., materials, colors, signage, lighting, etc., that the entrance to the public parking facility from Fifth Avenue will be consistent with the architectural quality of the Pelham House project; and 9. Prior to the issuance of a TCO for the mixed-use building, Pelham Green shall provide to the Board of Trustees a plan to document the historical use of the current firehouse, including photographs and oral histories, per guidance from SHPO; and 10. Pelham Green shall provide information sufficient to establish that there will be adequate and convenient access of ADA parking for the public and for Pelham Green residents; and 11. Pelham Green shall provide a plan to Board of Trustees and the Building Inspector for maintaining the design features of the Pelham House after construction is complete; and 12. Pelham Green shall comply with § 98-135.1 of the Village Code and file a plat showing the lot merger with the office of the County clerk. Be it further resolved, that in accordance with Village Code § 79-7, this resolution approving the site plan approval application shall be null and void if Pelham Green fails to obtain a building permit within 120 days of the date of this resolution, or an extension as permitted under Village Code § 79-7. Vote Record - Item # 12 - Resolution Approving Zoning and Site Plan Application for Pelham Green, LLC. at 201 Fifth Avenue (Inclusion in the Business District Floating Zone in Accordance with § 98-106.3, Site Plan in Accordance with § 79-5, and Lot Merger in Accordance with § 98-135.1) – 9:02PM Village of Pelham Board of Trustees Regular Meeting Tuesday, September 27, 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 ☒ ☐ ☐ ☐ https://www.dropbox.com/s/exf3dv4lfa6v3ze/2022-07-16%20- %20BDFZ%202%20Submission-Revised%20Set.pdf?dl=0 Village Board of Trustees Regular Meeting Tuesday, September 27, 2022 Item # 13 - Resolution Authorizing an Inter-Municipal Agreement Extension Between the Village of Scarsdale and the Village of Pelham for the Disposal of Organic Waste Whereas, on September 14, 2021, the Village Board of Trustees authorized an Inter-Municipal Agreement with the Village of Scarsdale for use of Scarsdale’s organic waste transfer station, now expiring in Fall 2022; and Whereas, the Inter-Municipal Agreement was prompted by the City of New Rochelle’s construction of a new Yard Waste Transfer Site, thus making the site inaccessible to the Village of Pelham for organic waste purposes for the 2021 Fall leaf collection season; and Whereas, the City of New Rochelle has recently informed the Village of Pelham that their Transfer Site will not be ready to accept the Village’s organics until the 2023 Spring season; and Whereas, subsequently, the Village of Pelham has requested an extension of the Inter-Municipal Agreement with the Village of Scarsdale until January 31, 2023, under the same terms and conditions as previously agreed upon. Now, therefore, be it resolved, that the Board of Trustees of the Village of Pelham hereby authorizes the Village Administrator to execute the attached Inter-Municipal Agreement extension between the Village of Scarsdale and the Village of Pelham for the disposal of organic waste from November 1, 2022 to January 31, 2023 under the same terms and conditions as previously agreed upon. Vote Record - Item # 13 - Resolution Authorizing an Inter-Municipal Agreement Extension Between the Village of Scarsdale and the Village of Pelham for the Disposal of Organic Waste – 9:03 PM Village of Pelham Board of Trustees Regular Meeting Tuesday, September 27, 2022 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Mullen ☒ ☐ ☐ ☐ ☐Approved as Deputy Mayor Carpenter ☒ ☐ ☐ ☐ Amended Village Trustee Hill-Ries Motion ☒ ☐ ☐ ☐ ☐Tabled Village Trustee Eldahry 2nd ☒ ☐ ☐ ☐ ☐Withdrawn Village Trustee McGreal ☒ ☐ ☐ ☐ ☐Discussed Village Trustee Otondi ☒ ☐ ☐ ☐ Village Trustee Solomon ☒ ☐ ☐ ☐ Village Board of Trustees Regular Meeting Tuesday, September 27, 2022 Item # 14 - Resolution Calling for a Public Hearing on Local Law No. 7 of 2022 to Amend Chapter 90 of the Pelham Village Code “Entitled Vehicles and Traffic” to Reduce Minimum Fines for Certain Violations Whereas, the Board of Trustees of the Village of Pelham has proposed a local law to amend Chapter 90 to reduce fines for certain violations; and Whereas, the Board of Trustees of the Village of Pelham has determined that the adoption of the local law is a Type II Action and are therefore not subject to the requirements of the State Environmental Quality Review Act (SEQRA). Now, therefore, be it resolved, that the Board of Trustees of the Village of Pelham hereby calls for a Public Hearing on Tuesday, October 11, 2022, at 8:00 p.m. at Village Hall, 195 Sparks Avenue and virtually via Zoom on a proposed local law to amend Chapter 90 of the Pelham Village Code entitled “Vehicles and Traffic”; and Be it further resolved, that the Village Clerk is hereby directed to publish notice of said public hearing. Vote Record - Item # 14 - Resolution Calling for a Public Hearing on Local Law No. 7 of 2022 to Amend Chapter 90 of the Pelham Village Code “Entitled Vehicles and Traffic” to Reduce Minimum Fines for Certain Violations – 9:20 PM Village of Pelham Board of Trustees Regular Meeting Tuesday, September 27, 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 Regular Meeting Tuesday, September 27, 2022 Item # 15 – Other Business Whereas, the Board of Trustees of the Village of Pelham has proposed a local law to amend Chapter 68 Article V entitled “Lawn Maintenance Equipment”; and Whereas, the Board of Trustees of the Village of Pelham has determined that the adoption of the local law is a Type II Action and are therefore not subject to the requirements of the State Environmental Quality Review Act (SEQRA). Now, therefore, be it resolved, that the Board of Trustees of the Village of Pelham hereby calls for a Public Hearing on Tuesday, October 11, 2022, at 8:00 p.m. at Village Hall, 195 Sparks Avenue and virtually via Zoom on a proposed local law to amend Chapter 68 of the Pelham Village Code Article V entitled “Lawn Maintenance Equipment”; and Be it further resolved, that the Village Clerk is hereby directed to publish notice of said public hearing. Deputy Mayor Carpenter discussed the potential need to further regulate Lawn Maintenance Equipment, in particular leaf blower regulations within the Code of the Village of Pelham. Motion to call for a public hearing on October 11th on local law #8-2022 to amend Chapter 68 of the Pelham Village Code Entitled 68-17 “Further Limitation on Seasonal Use of Leaf Blowers” and 69-19 “Enforcement”. Vote Record - Item # 15 – Call for a Public Hearing Regarding Regulations on use of Leaf Blowers – 9:27 PM Village of Pelham Board of Trustees Regular Meeting Tuesday, September 27, 2022 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Mullen ☐ ☒ ☐ ☐ ☐Approved as Deputy Mayor Carpenter Motion ☒ ☐ ☐ ☐ Amended Village Trustee Hill-Ries 2nd ☒ ☐ ☐ ☐ ☐Tabled Village Trustee Eldahry ☒ ☐ ☐ ☐ ☐Withdrawn Village Trustee McGreal ☒ ☐ ☐ ☐ ☐Discussed Village Trustee Otondi ☒ ☐ ☐ ☐ Village Trustee Solomon ☒ ☐ ☐ ☐ Village Board of Trustees Regular Meeting Tuesday, September 27, 2022 Recurring Items Item # 16 – Authorizing Budget Amendments and Transfers for Fiscal Year 2022-23 Whereas, pursuant to the provisions of § 5-520 of the New York State Village Law, the Village Board of Trustees, by resolution, may increase existing appropriations by transferring funds from the unexpended balance of another appropriation, from the contingent account, from available cash surplus or unanticipated revenues within a fund, or by borrowing; and Whereas, in all cases, there are sufficient unexpended balances in other appropriation accounts, excess revenues or fund balances available to cover the amendments and transfers. Now, therefore, be it resolved, that pursuant to New York State Village Law § 5-520, the Board of Trustees of the Village of Pelham hereby authorizes and directs the Village Administrator/ Treasurer to modify the 2022-23 Budget by making the following budget amendments and transfers (attached hereto and made part hereof). Vote Record - Item # 16 - Resolution Authorizing Budget Amendments and Transfers for Fiscal Year 2022-23 – 9:34 PM Village of Pelham Board of Trustees Regular Meeting Tuesday, September 27, 2022 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Mullen ☒ ☐ ☐ ☐ ☐Approved as Deputy Mayor Carpenter ☒ ☐ ☐ ☐ Amended Village Trustee Hill-Ries Second ☒ ☐ ☐ ☐ ☐Tabled Village Trustee Eldahry ☒ ☐ ☐ ☐ ☐Withdrawn Village Trustee McGreal ☒ ☐ ☐ ☐ ☐Discussed Village Trustee Otondi ☒ ☐ ☐ ☐ Village Trustee Solomon Motion ☒ ☐ ☐ ☐ Village Board of Trustees Regular Meeting Tuesday, September 27, 2022 Item # 17 - Authorizing Accounts Payable Trustee McGreal is auditing the Accounts Payable. Whereas, pursuant to § 5-524 of the New York State Village Law, the Board of Trustees shall audit all claims against the Village. Now, therefore, be it resolved, that the Board of Trustees of the Village of Pelham after audit of the following vouchers, 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 and Deputy Village Treasurer: Fund Name: Amount General Fund (A) $ 80,049.03 Capital Projects Fund (H) $ 0.00 Trust & Agency (T) $ 0.00 Grand Total $ 80,049.03 Be it further resolved, that the Village Board of Trustees hereby approves payment of the above- mentioned claims and authorizes payment thereof. Vote Record - Item # 17 - Resolution Authorizing the Accounts Payable – 9:36PM Village of Pelham Board of Trustees Regular Meeting Tuesday, September 27, 2022 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Mullen ☒ ☐ ☐ ☐ ☐Approved as Deputy Mayor Carpenter ☒ ☐ ☐ ☐ Amended Village Trustee Hill-Ries Motion ☒ ☐ ☐ ☐ ☐Tabled Village Trustee Eldahry ☒ ☐ ☐ ☐ ☐Withdrawn Village Trustee McGreal ☒ ☐ ☐ ☐ ☐Discussed Village Trustee Otondi ☒ ☐ ☐ ☐ Village Trustee Solomon 2nd ☒ ☐ ☐ ☐ Village Board of Trustees Regular Meeting Tuesday, September 27, 2022 Item # 18 - Authorizing Minutes of: No Minutes to authorize this meeting. Item # 19 - Adjournment Motion was made at 9:37 PM by Village Trustee Solomon and Seconded by Village Trustee Hill Reis and voice vote approved by all members of the Board to adjourn to Executive Session to discuss status of collective bargaining negotiations with the Department of Public Works.