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Mayor & Village Board of Trustees

Regular Meeting

Pelham, NY · April 11, 2023

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Minutes

VILLAGE OF PELHAM BOARD OF TRUSTEES REGULAR MEETING TUESDAY, APRIL 11, 2023, 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. Public Hearing on the Site Plan Approval of the Applicant: 48 Pelham Property LLC 9. Resolution Authorizing Site Plan Approval for 48 First Street in Accordance with § 98-106.3 of the Code of the Village of Pelham 10. Public Hearing on the Fiscal Year 2023-24 Tentative Budget 11. Resolution Authorizing the Appointment of a Building Inspector 12. Resolution Authorizing Attendance at NYCOM Annual Meeting (5/17/23 – 5/19/23) 13. Other Business Recurring Items 14. Authorizing Budget Amendments and Transfers for Fiscal Year 2022-23 15. Authorizing Accounts Payable 16. Authorizing Minutes of: March 14, 2023 Work Session and Regular Meeting 17. Adjournment Next Regularly Scheduled BOT Meetings: Tuesday, April 25, 2023 (Note: Fiscal Year 2023-24 Budget Adoption) Tuesday, May 9, 2023 Village Board of Trustees Regular Meeting Tuesday, April 11, 2023 Item # 1 - Meeting Called to Order: Mayor Mullen called the meeting to order at 8:01 PM Item # 2 - Pledge of Allegiance: Mayor Mullen led the pledge at 8:01 PM Item # 3 - Roll Call: Attendee Name Present Absent Late Mayor Mullen ☒ ☐ ☐ Deputy Mayor Carpenter ☒ ☐ ☐ Village Trustee Hill-Ries ☒ ☐ ☐ Village Trustee Eldahry - Virtual ☒ ☐ ☐ 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 – The county grant application has been submitted by the Chamber of Commerce. Village Trustee Kamal Eldahry – Nothing to report. Village Trustee McGreal – The Arts Council will have the Annual Juneteenth event will be held on Saturday, June 17th. Village Trustee Otondi – The Fire Department report for March indicated they had 62 total calls, including a structure fire, 3 motor vehicle accidents, 8 investigations, 4 alarms, 6 EMS calls, 38 hazard, and mutual aid provided to both Mount Vernon and Yonkers. One call of note was a kitchen fire on March 19th. Remember when cooking not to leave the stove unattended, and do not use water on a grease fire. The resident used a fire extinguisher to put the fire out keeping damage to a minimum. A reminder to residents that now is a good time to have your furnaces, oil burners and fireplaces serviced. When using outdoor fire sources, keep them away from the house. Village Trustee Solomon – Thank the Village Hall staff for the efforts made on the Budget; kudos and well done. Deputy Mayor Carpenter – The Board of Ed holds a coffee get together, which Deputy Mayor Carpenter attended. Thank you to them for the event, and they are looking into the barriers in front of Hutch School. Village Board of Trustees Regular Meeting Tuesday, April 11, 2023 Item # 5 - Village Administrator’s Report: This past weekend, the pavement management study completed their data collection process. Anticipate a report in the next 30 days. Organic waste collection will begin on April 12th and be collected on Wednesdays. Update on the construction of the Municipal Center provided. Item # 6 - Mayor’s Report Thank you to Legislator Clements, the County Legislature, for securing funds to pave Lincoln Ave from New Rochelle, through Pelham, to Mount Vernon. This will go out to bid in October 2023. Mayor Mullen provided an update regarding the Governor’s Housing Budget. Item # 7 - Public Comments No public comment. Village Board of Trustees Regular Meeting Tuesday, April 11, 2023 Non-Recurring Items Item # 8 – Public Hearing on the Site Plan Approval of the Applicant: 48 Pelham Property LLC VILLAGE OF PELHAM NOTICE OF PUBLIC HEARING Scheduling a Public Hearing for Site Plan Application of Applicant: 48 Pelham Property LLC for 48 First Street The Board of Trustees of the Village of Pelham hereby schedules a public hearing to be held on Tuesday, April 11, 2023 at 8:00 pm or soon thereafter for Site Plan Application of Applicant: 48 Pelham Property LLC for 48 First Street. This meeting will be held virtually on Zoom and members of the public wishing to present comments may do so online during the public comment phase of the public hearing by accessing the meeting at: Join by Video: https://zoom.us/j/98917409392?pwd=U09KN2MxTnJHWEU2Nm9ndWxQSEgwZz09 Join by Telephone: (929) 205-6099 Meeting ID: 989 1740 9392 Passcode: 030699 48 Pelham Property LLC, as applicant, has applied for Site Plan Approval under the Business District Floating Zone for a proposed eight (8) residential units, for a property located at 48 First Street. The property is known on the Village of Pelham Tax Map as Sheet 163.43, Block 1, Lot 7, and is located in the Business-1 district. All information pertaining to this matter is available at the Building Department in Village Hall. For more information contact Jim Morris, Assistant Building Inspector, (738-2258). Any person interested or affected will be given an opportunity to be heard. By Order of the Mayor and Village Board of Trustees Sarah LoPuzzo, Village Clerk Publication Date: March 23, 2023 Vote Record - Item # 18 – Opening of Public Hearing on the Site Plan Approval for 48 1st Street – 8:17 PM Village of Pelham Board of Trustees Regular Meeting Tuesday, April 11, 2023 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, April 11, 2023 Vote Record - Item # 18 – Closing of Public Hearing on the Site Plan Approval for 48 1st Street – 8:21 PM Village of Pelham Board of Trustees Regular Meeting Tuesday, April 11, 2023 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, April 11, 2023 Item # 9 – Resolution Authorizing Site Plan Approval for 48 Pelham Property LLC Whereas, the Village Board of Trustees has found and determined that encouraging property owners to develop housing projects within the Village's downtown core will activate Village street life, 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 Village Board of Trustees created the Business District Floating Zone by adopting Village Code § 106.3; and Whereas, Village Code § 106.3 authorizes the Village Board of Trustees to permit and grant site plan approval for proposed developments that comply with Village Code § 98-106.3 and meet the requirements it establishes for the Business District Floating Zone; and Whereas, 48 Pelham Property LLC (the “applicant”) has applied to develop the property known as 48 First Street (the “48 First Street Property”) in accordance with those requirements and standards; and Whereas, 48 Pelham Property LLC has represented to the Village Board of Trustees that it is the lawful owner or contract vendee of the 48 First Street Property; and Whereas, in furtherance of its application, 48 Pelham Property LLC has submitted to the Building Inspector a Declaration of Intent to develop accompanied by the requisite documents, information and fees; and Whereas, 48 Pelham Property LLC has further submitted a formal and complete proposed site plan prepared by Mastrogiacomo Engineering, P.C., dated 7-12-2019 and last revised 2-17-2023, satisfying the requirements of Village Code Chapter 79, showing a proposed development and or use of the 48 First Street Property; and Whereas, 48 Pelham Property LLC proposes to create a multi-family development with eight 2- bedroom units, a lower rooftop recreational amenity, 16 solar panels on the upper rooftop, and 8 indoor parking spaces; and Whereas, 48 Pelham Property LLC is providing one parking space for each unit; and Whereas, 48 Pelham Property LLC consists of one tax parcel, Parcel 163.43.1.7, which is located in the Business-2 Zoning District; and Whereas, 48 Pelham Property LLC requests site development approval pursuant to Village Code § 98-106.3 also known as the Business District Floating Zone; and Whereas, Mastrogiacomo Engineering, P.C. has submitted the following documents and plans in support of the application: • Letter from Steve Wrabel, Esq, of McCullough, Goldberger & Staudt, LLP, dated 2-23-2023; Village Board of Trustees Regular Meeting Tuesday, April 11, 2023 • Site Plan Application and Intent to Develop Form, dated 5-02-2022; • EAF Short Form, dated 5-02-2022; • BDFZ Consistency Planning Narrative, prepared by Cleary Consulting, dated 9-13-2019 • Google Aerial View, CS, dated 7-12-19; • Tax Map, C001, prepared by Mastrogiacomo Engineering– dated 7-12-2019, and last revised 2-17- 2023; • Site Demolition & Erosion Control Plan, C100, prepared by Mastrogiacomo Engineering – dated 7-12- 2019, and last revised 2-17-2023; • Proposed Site Layout and Landscaping Plan, C101, prepared by Mastrogiacomo Engineering, dated 7- 12-19, and last revised 2-17-2023; • Proposed Grading Plan, C102, prepared by Mastrogiacomo Engineering, dated 7-12-19, and last revised 2-17-2023; • Proposed Utility & Stormwater Management Plan, C103, prepared by Mastrogiacomo Engineering, dated 7-12-19, and last revised 2-17-2023; • Construction Details, C200, prepared by Mastrogiacomo Engineering – dated 7-12-2019, and last revised 2-17-2023; • Construction Details, C201, prepared by Mastrogiacomo Engineering – dated 7-12-2019, and last revised 2-17-2023; • Proposed Front Elevation, A100, prepared by Mastrogiacomo Engineering, – dated 7-12-2019, and last revised 2-17-2023; • Proposed Floor Plan – Ground Floor, A200-A, prepared by Mastrogiacomo Engineering – dated 7-12- 2019, and last revised 2-17-2023; • Proposed Floor Plan- Floor 2, A201, prepared by Mastrogiacomo Engineering – dated 7-12-2019, and last revised 2-17-2023; • Proposed Floor Plan- Floors 3 & 4, A202, prepared by Mastrogiacomo Engineering – dated 7-12-2019, and last revised 2-17-2023; • Proposed Floor Plan- Floor 5, A203, prepared by Mastrogiacomo Engineering – dated 7-12-2019, and last revised 2-17-2023; • Proposed Floor Plan – Lower Roof, A204, prepared by Mastrogiacomo Engineering– dated 7-12-2019, and last revised 2-17-2023; • Proposed Floor Plan – Upper Roof, A205, prepared by Mastrogiacomo Engineering – dated 7-12-2019, and last revised 2-17-2023; • List of Owner, Address, City, Zip and Block/Lot/Section of surrounding properties • Topographic Survey – dated 1-17-2018 Whereas, 48 Pelham Property LLC provided notice of its application to all property owners contiguous to the applicant’s property as required; and Whereas, notice was duly provided to the County of Westchester and the City of New Rochelle as required by General Municipal Law §§ 239-m, 239-n and 239-nn and Westchester County Administrative Code §§ 277.61 and 277.71; and Whereas, the Village Board of Trustees determined the Code of the Village of Pelham § 98-106.3(C) requires the proposed action be referred to the Planning Board and Architectural Review Board and such referral was made on 5-10-2022; and Whereas, the applicant subsequently submitted the application to the Planning Board and Architectural Review Board for the purpose of obtaining their recommendations with respect to the application in accordance with Village Code § 79-6A; and Village Board of Trustees Regular Meeting Tuesday, April 11, 2023 Whereas, 48 Pelham Property LLC submitted the fees required in accordance with the schedule of fees for the Village of Pelham; and Whereas, the Architectural Review Board conducted a detailed review of the application on 6-15- 2022, 8-17-2022, and 11-11-2022, and on 2-22-2023 submitted to the Village Board of Trustees a recommendation to approve; and Whereas, the Planning Board conducted a detailed review of the application on 6-21-2022, and submitted to the Village Board of Trustees on 6-27-2022 a recommendation to approve as follows: • Documentation of the condition and capacity of the sanitary sewer line in First Street to accommodate the additional flow from the project; • Documentation shall be provided to the Building Inspector prior to site disturbance that necessary permits, licenses and/or approvals from Metro North Railroad to disturb property and foundations shared with Metro North; • Documentation shall be provided to the Building Inspector prior to site disturbance that the Village Fire Department finds the proposed project adequate for fire safety, access, and design. • The Village Board of Trustees should receive confirmation that underpinning of the neighbors’ foundation would not be required. • The applicant is proposing to contribute funds to improve a park at the Western end of First Street at the curve (near the Post Office). The details of this contribution should be provided along with input from Village officials whether such improvements are planned and desired. • The Planning Board encourages the applicant to install landscaping similar to that of Marbury Corners. • The Planning Board encourages the applicant to provide electric car charging capabilities. • The Planning Board requested that adequate and safe bicycle parking be provided within the parking area. Whereas, after due notice, the Village Board of Trustees opened and closed the public hearing with respect to the application on 4-11-2023; and Whereas, the Village Board of Trustees finds that the monetary contribution towards improving the green space in the Village shall be $3,495.00; and Whereas, the Village Board of Trustees has considered the design guidelines established by Village Code § 98-106.3(E)(9); and Whereas, pursuant to the New York State Environmental Quality Review Act (SEQRA), on October 22, 2019, the Village Board of Trustees received a full environmental assessment form (EAF), declared itself to be lead agency and identified the proposed action as an unlisted action; and Whereas, the Village Board of Trustees (1) considered the action as defined in 6 NYCRR §§617.2(b) and 617.3(g); (2) reviewed the EAF, the criteria for determining significance set forth in 6 NYCRR §617.7(c) and any 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 (4) set forth its determination of significance in this resolution; and Whereas, the Village Board of Trustees considered the standards for Site Plan review established by Village Code § 79-5. Village Board of Trustees Regular Meeting Tuesday, April 11, 2023 Now, therefore, be it resolved, that after considering the documents submitted by the applicant, as recited above, the recommendation from the Architectural Review Board and the Planning Board and all of the public comment heard at the public hearing, the Board of Trustees of the Village of Pelham finds and determines as follows: A. The proposed action will not have a significant effect on the environment and a Draft Environmental Impact Statement will not be required; and B. The property satisfies the requirements for consideration under Village Code §98-106.3 Business District Floating Zone and the proposed building complies with the requirements of the Business District Floating Zone; and C. The final site plan approval is based on the following drawings prepared by Mastrogiacomo Engineering P.C., dated 7-12-2019 and last revised on 2-17-2023 that have been submitted by the applicant (collectively, the “Drawings”): • CS Cover Sheet • C001 Tax Map • C100 Site Demolition & Erosion Control Plan • C102 Proposed Site Layout & Landscaping Plan & Zoning Analysis • C103 Proposed Utility &* Stormwater Management Plan & Computations • C200 Site Construction Details • C201 Site Construction Details • A001 Color Front Elevation • A002 Building Section • A003 Egress Door Details • A004 Details • A005 Details • A006 Window, Shutter & Stone Specification • A007 Exterior Trim Specification • A008 Exterior Trim Specification • A009 Exterior Trim Specification • A100 Proposed Front Elevation • A102 Proposed Rear Elevation, • A103 Proposed Left Elevation; • A200-A Proposed Floor Plan – Ground Floor (Revised) • A201 Proposed Floor Plan – Floor 2 • A202 Proposed Floor Plan – Floors 3 & 4 • A203 Proposed Floor Plan – Floor 5 • A204 Proposed Lower Roof Plan • A205 Proposed Upper Roof Plan D. Site plan approval granted pursuant to this resolution shall be conditioned on Project construction being completed in accordance with the Drawings in C. above. E. Site plan approval is granted subject to the following conditions: 1. The applicant shall, as a condition of site plan approval and prior to the issuance of a building permit, have the project reviewed by the Village Fire Department to ensure adequate fire safety, access, and design. Village Board of Trustees Regular Meeting Tuesday, April 11, 2023 2. Upon demolition of the existing building on the 48 First Street Property, the applicant shall perform a test probe location to identify the depth of the neighboring foundation. If it is determined that underpinning is required, drawings for such shall be submitted to the Building Inspector for review and approval. 3. Details, including documentation, schedule, etc. shall be provided to the Building Inspector concerning the presence and location of the crane, and street closures prior to the issuance of a building permit; 4. Documentation of the condition and capacity of the sanitary sewer line in First Street to accommodate the additional flow from the project shall be provided to the Building Inspector prior to the issuance of a building permit; 5. Documentation shall be provided to the Building Inspector prior to site disturbance that necessary permits, licenses and/or approvals from Metro North Railroad to disturb property and foundations shared with Metro North; 6. Trees shall be planted where possible along the sidewalk to match the species in front of Marbury Corners. This condition shall include the applicant provide either a survey or a site meeting with the Village’s Department of Public Works demonstrating that the tree locations will not interfere with below grade utilities. 7. The applicant shall, as a condition of site plan approval and prior to the issuance of a building permit submit to the Building Inspector a complete and final set of plans and documents, consistent with the conditions articulated above and as required by Chapter 34 of the Village Code. Substantive deviations from the plans approved by the Board of Trustees will require a resubmission to the Board of Trustees for a modification to an approved site plan. 8. The applicant shall, as a condition of site plan approval and prior to the issuance of any building permit, provide the Village a fair share contribution for traffic and pedestrian safety, paving, and sanitary sewer improvements based on the provisions of Village Code § 79-6K, and as adjusted for traffic and pedestrian safety improvements being provided by the applicant at the subject site. The fair share contribution shall be paid prior to the issuance of a building permit and is calculated as follows: a. Traffic/Pedestrian Improvements (5 dwelling units x 3,191/trip) = $15,955 b. Paving – 137 linear feet frontage x 40 feet width on First Street x $2.00/lf = $10,960 c. Sanitary Sewer – 137 linear foot frontage x $70/lf = $9,590 Total = $36,505.00 This Site Plan approval is binding upon the applicant, the property owner and any subsequent owner of the property and may not be changed without the approval of the Board of Trustees of the Village of Pelham. If any term of this site plan approval is violated, the Building Inspector may stop work, revoke a building permit or deny a certificate of occupancy. Be it further resolved, that in accordance with Village Code § 79-7, this Site Plan approval shall be null and void if the applicant fails to obtain a building permit within 120 days of this resolution unless the Village Board of Trustees extends, by resolution, extends the time within which to do so; and Be it further resolved, that this site pan approval will be null and void if the applicant does not commence construction within six months of the date of the issuance of a building permit, unless the Village Board of Trustees extends, by resolution, the time within which to do so. Village Board of Trustees Regular Meeting Tuesday, April 11, 2023 Vote Record - Item # 9 – Resolution Authorizing Site Plan Approval for 48 Pelham Property LLC Village of Pelham Board of Trustees Regular Meeting Tuesday, April 11, 2023 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 ☒ ☐ ☐ ☐ Dropbox Link for Supporting Documentation: https://www.dropbox.com/scl/fo/65atfzo51e2zuwqqql8cg/h?dl=0&rlkey=aobm2hlr6c p7980gdj9284qeu Village Board of Trustees Regular Meeting Tuesday, April 11, 2023 Item # 10 – Public Hearing on the Fiscal Year 2023-24 Tentative Budget VILLAGE OF PELHAM NOTICE OF PUBLIC HEARING Tentative Budget of the Village of Pelham for Fiscal Year 2023-24. The Board of Trustees of the Village of Pelham hereby schedules a public hearing to be held at 8:00 p.m. on Tuesday, April 11, 2023. This meeting will be held virtually on Zoom and members of the public wishing to present comments may do so online during the public comment phase of the hearing by accessing the meeting at: *** https://zoom.us/j/98917409392?pwd=U09KN2MxTnJHWEU2Nm9ndWxQSEgwZz09 Join by Telephone: (929) 205-6099 Meeting ID: 989 1740 9392 Passcode: 030699 *** A copy of the budget is available at the office of the Village Clerk and on the Villages’ website at www.pelhamgov.com in compliance with New York State Law. Any interested person may inspect the Tentative Budget or request a copy during normal office hours of 9:00 a.m. to 4:30 p.m. As required by New York State Law, notice is hereby made that the compensation of the Mayor and Village Board of Trustees is as follows: Title Positions Annual Compensation Mayor (1) $5,000 Trustees (6) $2,000 * Note: The Budget Hearing may be continued for more than one meeting, but must be adjourned on or before April 25, 2023. By New York State Village Law, the Budget must be adopted on or before May 1, 2023. By order of Mayor Chance Mullen and Village Board of Trustees Sarah LoPuzzo, Village Clerk Publication Date: April 5, 2023 Village Board of Trustees Regular Meeting Tuesday, April 11, 2023 Vote Record - Item # 19 – Opening of Public Hearing for the Fiscal Year 2023-2024 Tentative Budget – 8:32 PM Village of Pelham Board of Trustees Regular Meeting Tuesday, April 11, 2023 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 ☒ ☐ ☐ ☐ Vote Record - Item # 19 – Closing of Public Hearing for the Fiscal Year 2023-2024 Tentative Budget – 8:33 PM Village of Pelham Board of Trustees Regular Meeting Tuesday, April 11, 2023 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, April 11, 2023 Item # 11 – Resolution Authorizing the Appointment of a Building Inspector Be it resolved, that the Board of Trustees of the Village of Pelham hereby confirms the Mayor’s appointment of William Rogel of Huntington, NY to the position of Building Inspector pursuant to the provisions of Village Code § 34-3, from Westchester County Civil Service Eligible List # 68-098, effective Monday, April 17, 2023, at an annual salary of $140,000.00 subject to a one-year (1) probationary period and the requirements of Westchester County Civil Service and the Village of Pelham Employee Handbook; and Be it further resolved, that the Village Administrator is authorized to take the necessary and appropriate actions to affect this promotional appointment. Vote Record - Item # 11 – Resolution Authorizing the Appointment of a Building Inspector – 8:35 PM Village of Pelham Board of Trustees Regular Meeting Tuesday, April 11, 2023 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, April 11, 2023 Item # 12 – Resolution Authorizing Attendance at NYCOM Annual Meeting (5/17/23 – 5/19/23) Whereas, the New York State Conference of Mayors and Municipal Officials (“NYCOM”) is an association of, and for, cities and villages in New York. Since 1910, NYCOM has united local government officials in an active statewide network focused on the singular purpose of finding the most effective means of providing essential municipal services; and Whereas, NYCOM hosts its annual meeting at Sagamore Hotel Bolton Landing each year; and Whereas, Attendance at this training event is permitted by § 77-b of the General Municipal Law. Now, therefore, be it resolved, that the Board of Trustees of the Village of Pelham herein authorizes Mayor Mullen, Deputy Mayor Carpenter, and Village Trustee Eldahry to attend the 2023 Annual Meeting at the Sagamore Hotel on behalf of the Village of Pelham from Wednesday, May 17, 2023 to Friday, May 19, 2023, with cost of said meeting including travel, hotel and registration fees not to exceed $1200.00 per person to be covered by the Village. Vote Record - Item # 12 – Resolution Authorizing Attendance at NYCOM Annual Meeting (5/17/23 – 5/19/23) – 8:37 PM Village of Pelham Board of Trustees Regular Meeting Tuesday, April 11, 2023 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 2nd ☒ ☐ ☐ ☐ ☐Discussed Village Trustee Otondi ☒ ☐ ☐ ☐ Village Trustee Solomon ☒ ☐ ☐ ☐ Village Board of Trustees Regular Meeting Tuesday, April 11, 2023 Item # 13 – Other Business – Sustainability Advisory Board Earth Day Celebration Request Whereas, members of the Village of Pelham Sustainability Advisory Board (SAB), addressed the Village Board regarding a request for an Earth Day Celebration on April 22, 2023 at the Gazebo. The Earth Day Celebration proposal consists of a request for printing of various flyers for education purposes and plant seedlings for a giveaway; and Whereas, the Village of Pelham Sustainability Advisory Board (SAB) is requesting funding to participate in an Earth Day Celebration on April 22, 2023 totaling $300.00; and Whereas, the Village Board had previously allocated $500.00 for the compost give back day that is no longer being held; and Whereas, funds may be re-allocated for the 2023 Earth Day Celebration. Now, therefore, be it resolved, that the Board of Trustees of the Village of Pelham herein authorizes The Village Administrator to appropriate funding for 2023 Earth Day Celebrations for an amount not to exceed $500.00. Vote Record - Item # 13 – Sustainability Advisory Board Earth Day Celebration Request – 9:40 PM Village of Pelham Board of Trustees Regular Meeting Tuesday, April 11, 2023 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 2nd ☒ ☐ ☐ ☐ ☐Discussed Village Trustee Otondi ☒ ☐ ☐ ☐ Village Trustee Solomon ☐ ☒ ☐ ☐ Village Board of Trustees Regular Meeting Tuesday, April 11, 2023 Recurring Items Item # 14 - 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 (items attached hereto and made part hereof). Vote Record - Item # 14 – Authorizing Budget Amendments and Transfers for Fiscal Year 2022-23 – 9:42 PM Village of Pelham Board of Trustees Regular Meeting Tuesday, April 11, 2023 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 2nd ☒ ☐ ☐ ☐ ☐Discussed Village Trustee Otondi ☒ ☐ ☐ ☐ Village Trustee Solomon ☒ ☐ ☐ ☐ Village Board of Trustees Regular Meeting Tuesday, April 11, 2023 Item # 15 - Authorizing Accounts Payable Trustee Carpenter 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) $ 48,104.93 Capital Projects Fund (H) $ 20,763.21 Trust & Agency (T) $ 51,300.00 Grand Total $ 120,168.14 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 # 15 - Resolution Authorizing the Accounts Payable – 9:42 PM Village of Pelham Board of Trustees Regular Meeting Tuesday, April 11, 2023 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, April 11, 2023 Item # 16 - Authorizing Minutes of: March 14, 2023 Work Session and Regular Meeting Vote Record - Item # 16 – March 14, 2023 Work Session and Regular Meeting Village of Pelham Board of Trustees Regular Meeting Tuesday, April 11, 2023 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 ☐ ☐ ☐ ☐ Village Trustee Solomon ☐ ☐ ☐ ☐ Item # 17 - Adjournment A motion was made by Village Trustee Solomon at 9:44pm, and seconded by Village Trustee McGreal, voted unanimously by all to adjourn to Executive Session to discuss a collective bargaining matter with the police department, a personnel matter related to the promotion of an employee to General Foreman and a personnel matter regarding non-union employee compensation. Respectfully Submitted, Sarah LoPuzzo Village Clerk

Agenda

VILLAGE OF PELHAM BOARD OF TRUSTEES REGULAR MEETING TUESDAY, APRIL 11, 2023, 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. Public Hearing on the Site Plan Approval of the Applicant: 48 Pelham Property LLC 9. Resolution Authorizing Site Plan Approval for 48 First Street in Accordance with § 98-106.3 of the Code of the Village of Pelham 10. Public Hearing on the Fiscal Year 2023-24 Tentative Budget 11. Resolution Authorizing the Appointment of a Building Inspector 12. Resolution Authorizing Attendance at NYCOM Annual Meeting (5/17/23 – 5/19/23) 13. Other Business Recurring Items 14. Authorizing Budget Amendments and Transfers for Fiscal Year 2022-23 15. Authorizing Accounts Payable 16. Authorizing Minutes of: March 14, 2023 Work Session and Regular Meeting 17. Adjournment Next Regularly Scheduled BOT Meetings: Tuesday, April 25, 2023 (Note: Fiscal Year 2023-24 Budget Adoption) Tuesday, May 9, 2023 Village Board of Trustees Regular Meeting Tuesday, April 11, 2023 Item # 1 - Meeting Called to Order: Item # 2 - Pledge of Allegiance: 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 Village Trustee Kamal Eldahry Village Trustee McGreal Village Trustee Otondi Village Trustee Solomon Deputy Mayor Carpenter Item # 5 - Village Administrator’s Report: Item # 6 - Mayor’s Report Village Board of Trustees Regular Meeting Tuesday, April 11, 2023 Item # 7 - Public Comments Village Board of Trustees Regular Meeting Tuesday, April 11, 2023 Non-Recurring Items Item # 8 – Public Hearing on the Site Plan Approval of the Applicant: 48 Pelham Property LLC VILLAGE OF PELHAM NOTICE OF PUBLIC HEARING Scheduling a Public Hearing for Site Plan Application of Applicant: 48 Pelham Property LLC for 48 First Street The Board of Trustees of the Village of Pelham hereby schedules a public hearing to be held on Tuesday, April 11, 2023 at 8:00 pm or soon thereafter for Site Plan Application of Applicant: 48 Pelham Property LLC for 48 First Street. This meeting will be held virtually on Zoom and members of the public wishing to present comments may do so online during the public comment phase of the public hearing by accessing the meeting at: Join by Video: https://zoom.us/j/98917409392?pwd=U09KN2MxTnJHWEU2Nm9ndWxQSEgwZz09 Join by Telephone: (929) 205-6099 Meeting ID: 989 1740 9392 Passcode: 030699 48 Pelham Property LLC, as applicant, has applied for Site Plan Approval under the Business District Floating Zone for a proposed eight (8) residential units, for a property located at 48 First Street. The property is known on the Village of Pelham Tax Map as Sheet 163.43, Block 1, Lot 7, and is located in the Business-1 district. All information pertaining to this matter is available at the Building Department in Village Hall. For more information contact Jim Morris, Assistant Building Inspector, (738-2258). Any person interested or affected will be given an opportunity to be heard. By Order of the Mayor and Village Board of Trustees Sarah LoPuzzo, Village Clerk Publication Date: March 23, 2023 Village Board of Trustees Regular Meeting Tuesday, April 11, 2023 Item # 9 – Resolution Authorizing Site Plan Approval for 48 Pelham Property LLC Whereas, the Village Board of Trustees has found and determined that encouraging property owners to develop housing projects within the Village's downtown core will activate Village street life, 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 Village Board of Trustees created the Business District Floating Zone by adopting Village Code § 106.3; and Whereas, Village Code § 106.3 authorizes the Village Board of Trustees to permit and grant site plan approval for proposed developments that comply with Village Code § 98-106.3 and meet the requirements it establishes for the Business District Floating Zone; and Whereas, 48 P elham P roperty LLC (the “applicant”) has applied to develop the property known as 48 First Street (the “48 First Street Property”) in accordance with those requirements and standards; and Whereas, 48 P elham P roperty LLC has represented to the Village Board of Trustees that it is the lawful owner or contract vendee of the 48 First Street Property; and Whereas, in furtherance of its application, 48 P elham P roperty LLC has submitted to the Building Inspector a Declaration of Intent to develop accompanied by the requisite documents, information and fees; and Whereas, 48 P elham P roperty LLC has further submitted a formal and complete proposed site plan prepared by Mastrogiacomo Engineering, P.C., dated 7-12-2019 and last revised 2-17-2023, satisfying the requirements of Village Code Chapter 79, showing a proposed development and or use of the 48 First Street Property; and Whereas, 48 P elham P roperty LLC proposes to create a multi-family development with eight 2- bedroom units, a lower rooftop recreational amenity, 16 solar panels on the upper rooftop, and 8 indoor parking spaces; and Whereas, 48 P elham P roperty LLC is providing one parking space for each unit; and Whereas, 48 P elham P roperty LLC consists of one tax parcel, Parcel 163.43.1.7, which is located in the Business-2 Zoning District; and Whereas, 48 P elham P roperty LLC requests site development approval pursuant to Village Code § 98-106.3 also known as the Business District Floating Zone; and Whereas, Mastrogiacomo Engineering, P.C. has submitted the following documents and plans in support of the application: • Letter from Steve Wrabel, Esq, of McCullough, Goldberger & Staudt, LLP, dated 2-23-2023; Village Board of Trustees Regular Meeting Tuesday, April 11, 2023 • Site Plan Application and Intent to Develop Form, dated 5-02-2022; • EAF Short Form, dated 5-02-2022; • BDFZ Consistency Planning Narrative, prepared by Cleary Consulting, dated 9-13-2019 • Google Aerial View, CS, dated 7-12-19; • Tax Map, C001, prepared by Mastrogiacomo Engineering– dated 7-12-2019, and last revised 2-17- 2023; • Site Demolition & Erosion Control Plan, C100, prepared by Mastrogiacomo Engineering – dated 7-12- 2019, and last revised 2-17-2023; • Proposed Site Layout and Landscaping Plan, C101, prepared by Mastrogiacomo Engineering, dated 7- 12-19, and last revised 2-17-2023; • Proposed Grading Plan, C102, prepared by Mastrogiacomo Engineering, dated 7-12-19, and last revised 2-17-2023; • Proposed Utility & Stormwater Management Plan, C103, prepared by Mastrogiacomo Engineering, dated 7-12-19, and last revised 2-17-2023; • Construction Details, C200, prepared by Mastrogiacomo Engineering – dated 7-12-2019, and last revised 2-17-2023; • Construction Details, C201, prepared by Mastrogiacomo Engineering – dated 7-12-2019, and last revised 2-17-2023; • Proposed Front Elevation, A100, prepared by Mastrogiacomo Engineering, – dated 7-12-2019, and last revised 2-17-2023; • Proposed Floor Plan – Ground Floor, A200-A, prepared by Mastrogiacomo Engineering – dated 7-12- 2019, and last revised 2-17-2023; • Proposed Floor Plan- Floor 2, A201, prepared by Mastrogiacomo Engineering – dated 7-12-2019, and last revised 2-17-2023; • Proposed Floor Plan- Floors 3 & 4, A202, prepared by Mastrogiacomo Engineering – dated 7-12-2019, and last revised 2-17-2023; • Proposed Floor Plan- Floor 5, A203, prepared by Mastrogiacomo Engineering – dated 7-12-2019, and last revised 2-17-2023; • Proposed Floor Plan – Lower Roof, A204, prepared by Mastrogiacomo Engineering– dated 7-12-2019, and last revised 2-17-2023; • Proposed Floor Plan – Upper Roof, A205, prepared by Mastrogiacomo Engineering – dated 7-12-2019, and last revised 2-17-2023; • List of Owner, Address, City, Zip and Block/Lot/Section of surrounding properties • Topographic Survey – dated 1-17-2018 Whereas, 48 P elham P roperty LLC provided notice of its application to all property owners contiguous to the applicant’s property as required; and Whereas, notice was duly provided to the County of Westchester and the City of New Rochelle as required by General Municipal Law §§ 239-m, 239-n and 239-nn and Westchester County Administrative Code §§ 277.61 and 277.71; and Whereas, the Village Board of Trustees determined the Code of the Village of Pelham § 98-106.3(C) requires the proposed action be referred to the Planning Board and Architectural Review Board and such referral was made on 5-10-2022; and Whereas, the applicant subsequently submitted the application to the Planning Board and Architectural Review Board for the purpose of obtaining their recommendations with respect to the application in accordance with Village Code § 79-6A; and Village Board of Trustees Regular Meeting Tuesday, April 11, 2023 Whereas, 48 P elham P roperty LLC submitted the fees required in accordance with the schedule of fees for the Village of Pelham; and Whereas, the Architectural Review Board conducted a detailed review of the application on 6-15- 2022, 8-17-2022, and 11-11-2022, and on 2-22-2023 submitted to the Village Board of Trustees a recommendation to approve; and Whereas, the Planning Board conducted a detailed review of the application on 6-21-2022, and submitted to the Village Board of Trustees on 6-27-2022 a recommendation to approve as follows: • Documentation of the condition and capacity of the sanitary sewer line in First Street to accommodate the additional flow from the project; • Documentation shall be provided to the Building Inspector prior to site disturbance that necessary permits, licenses and/or approvals from Metro North Railroad to disturb property and foundations shared with Metro North; • Documentation shall be provided to the Building Inspector prior to site disturbance that the Village Fire Department finds the proposed project adequate for fire safety, access, and design. • The Village Board of Trustees should receive confirmation that underpinning of the neighbors’ foundation would not be required. • The applicant is proposing to contribute funds to improve a park at the Western end of First Street at the curve (near the Post Office). The details of this contribution should be provided along with input from Village officials whether such improvements are planned and desired. • The Planning Board encourages the applicant to install landscaping similar to that of Marbury Corners. • The Planning Board encourages the applicant to provide electric car charging capabilities. • The Planning Board requested that adequate and safe bicycle parking be provided within the parking area. Whereas, after due notice, the Village Board of Trustees opened and closed the public hearing with respect to the application on 4-11-2023; and Whereas, the Village Board of Trustees finds that the monetary contribution towards improving the green space in the Village shall be $3,495.00; and Whereas, the Village Board of Trustees has considered the design guidelines established by Village Code § 98-106.3(E)(9); and Whereas, pursuant to the New York State Environmental Quality Review Act (SEQRA), on October 22, 2019, the Village Board of Trustees received a full environmental assessment form (EAF), declared itself to be lead agency and identified the proposed action as an unlisted action; and Whereas, the Village Board of Trustees (1) considered the action as defined in 6 NYCRR §§617.2(b) and 617.3(g); (2) reviewed the EAF, the criteria for determining significance set forth in 6 NYCRR §617.7(c) and any 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 (4) set forth its determination of significance in this resolution; and Whereas, the Village Board of Trustees considered the standards for Site Plan review established by Village Code § 79-5. Village Board of Trustees Regular Meeting Tuesday, April 11, 2023 Now, therefore, be it resolved, that after considering the documents submitted by the applicant, as recited above, the recommendation from the Architectural Review Board and the Planning Board and all of the public comment heard at the public hearing, the Board of Trustees of the Village of Pelham finds and determines as follows: A. The proposed action will not have a significant effect on the environment and a Draft Environmental Impact Statement will not be required; and B. The property satisfies the requirements for consideration under Village Code §98-106.3 Business District Floating Zone and the proposed building complies with the requirements of the Business District Floating Zone; and C. The final site plan approval is based on the following drawings prepared by Mastrogiacomo Engineering P.C., dated 7-12-2019 and last revised on 2-17-2023 that have been submitted by the applicant (collectively, the “Drawings”): • CS Cover Sheet • C001 Tax Map • C100 Site Demolition & Erosion Control Plan • C102 Proposed Site Layout & Landscaping Plan & Zoning Analysis • C103 Proposed Utility &* Stormwater Management Plan & Computations • C200 Site Construction Details • C201 Site Construction Details • A001 Color Front Elevation • A002 Building Section • A003 Egress Door Details • A004 Details • A005 Details • A006 Window, Shutter & Stone Specification • A007 Exterior Trim Specification • A008 Exterior Trim Specification • A009 Exterior Trim Specification • A100 Proposed Front Elevation • A102 Proposed Rear Elevation, • A103 Proposed Left Elevation; • A200-A Proposed Floor Plan – Ground Floor (Revised) • A201 Proposed Floor Plan – Floor 2 • A202 Proposed Floor Plan – Floors 3 & 4 • A203 Proposed Floor Plan – Floor 5 • A204 Proposed Lower Roof Plan • A205 Proposed Upper Roof Plan D. Site plan approval granted pursuant to this resolution shall be conditioned on Project construction being completed in accordance with the Drawings in C. above. E. Site plan approval is granted subject to the following conditions: 1. The applicant shall, as a condition of site plan approval and prior to the issuance of a building permit, have the project reviewed by the Village Fire Department to ensure adequate fire safety, access, and design. Village Board of Trustees Regular Meeting Tuesday, April 11, 2023 2. Upon demolition of the existing building on the 48 First Street Property, the applicant shall perform a test probe location to identify the depth of the neighboring foundation. If it is determined that underpinning is required, drawings for such shall be submitted to the Building Inspector for review and approval. 3. Details, including documentation, schedule, etc. shall be provided to the Building Inspector concerning the presence and location of the crane, and street closures prior to the issuance of a building permit; 4. Documentation of the condition and capacity of the sanitary sewer line in First Street to accommodate the additional flow from the project shall be provided to the Building Inspector prior to the issuance of a building permit; 5. Documentation shall be provided to the Building Inspector prior to site disturbance that necessary permits, licenses and/or approvals from Metro North Railroad to disturb property and foundations shared with Metro North; 6. Trees shall be planted where possible along the sidewalk to match the species in front of Marbury Corners. This condition shall include the applicant provide either a survey or a site meeting with the Village’s Department of Public Works demonstrating that the tree locations will not interfere with below grade utilities. 7. The applicant shall meet with members from the Architectural Review Board prior to the issuance of a certificate of occupancy to review the manufacturers stock color selections for the shutters - called out on the plans as black – to confirm the shutters are black in accordance with the Drawings. 8. The applicant shall, as a condition of site plan approval and prior to the issuance of a building permit submit to the Building Inspector a complete and final set of plans and documents, consistent with the conditions articulated above and as required by Chapter 34 of the Village Code. Substantive deviations from the plans approved by the Board of Trustees will require a resubmission to the Board of Trustees for a modification to an approved site plan. 9. The applicant shall, as a condition of site plan approval and prior to the issuance of any building permit, provide the Village a fair share contribution for traffic and pedestrian safety, paving, and sanitary sewer improvements based on the provisions of Village Code § 79-6K, and as adjusted for traffic and pedestrian safety improvements being provided by the applicant at the subject site. The fair share contribution shall be paid prior to the issuance of a building permit and is calculated as follows: a. Traffic/Pedestrian Improvements (5 dwelling units x 3,191/trip) = $15,955 b. Paving – 137 linear feet frontage x 40 feet width on First Street x $2.00/lf = $10,960 c. Sanitary Sewer – 137 linear foot frontage x $70/lf = $9,590 Total = $36,505.00 This Site Plan approval is binding upon the applicant, the property owner and any subsequent owner of the property and may not be changed without the approval of the Board of Trustees of the Village of Pelham. If any term of this site plan approval is violated, the Building Inspector may stop work, revoke a building permit or deny a certificate of occupancy. Village Board of Trustees Regular Meeting Tuesday, April 11, 2023 Be it further resolved, that in accordance with Village Code § 79-7, this Site Plan approval shall be null and void if the applicant fails to obtain a building permit within 120 days of this resolution unless the Village Board of Trustees extends, by resolution, extends the time within which to do so; and Be it further resolved, that this site pan approval will be null and void if the applicant does not commence construction within six months of the date of the issuance of a building permit, unless the Village Board of Trustees extends, by resolution, the time within which to do so. Vote Record - Item # 9 – Resolution Authorizing Site Plan Approval for 48 Pelham Property LLC Village of Pelham Board of Trustees Regular Meeting Tuesday, April 11, 2023 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 ☐ ☐ ☐ ☐ Village Trustee Solomon ☐ ☐ ☐ ☐ Dropbox Link for Supporting Documentation: https://www.dropbox.com/scl/fo/65atfzo51e2zuwqqql8cg/h?dl=0&rlkey=aobm2hlr6c p7980gdj9284qeu Village Board of Trustees Regular Meeting Tuesday, April 11, 2023 Item # 10 – Public Hearing on the Fiscal Year 2023-24 Tentative Budget VILLAGE OF PELHAM NOTICE OF PUBLIC HEARING Tentative Budget of the Village of Pelham for Fiscal Year 2023-24. The Board of Trustees of the Village of Pelham hereby schedules a public hearing to be held at 8:00 p.m. on Tuesday, April 11, 2023. This meeting will be held virtually on Zoom and members of the public wishing to present comments may do so online during the public comment phase of the hearing by accessing the meeting at: *** https://zoom.us/j/98917409392?pwd=U09KN2MxTnJHWEU2Nm9ndWxQSEgwZz09 Join by Telephone: (929) 205-6099 Meeting ID: 989 1740 9392 Passcode: 030699 *** A copy of the budget is available at the office of the Village Clerk and on the Villages’ website at www.pelhamgov.com in compliance with New York State Law. Any interested person may inspect the Tentative Budget or request a copy during normal office hours of 9:00 a.m. to 4:30 p.m. As required by New York State Law, notice is hereby made that the compensation of the Mayor and Village Board of Trustees is as follows: Title Positions Annual Compensation Mayor (1) $5,000 Trustees (6) $2,000 * Note: The Budget Hearing may be continued for more than one meeting, but must be adjourned on or before April 25, 2023. By New York State Village Law, the Budget must be adopted on or before May 1, 2023. By order of Mayor Chance Mullen and Village Board of Trustees Sarah LoPuzzo, Village Clerk Publication Date: April 5, 2023 Village Board of Trustees Regular Meeting Tuesday, April 11, 2023 Item # 11 – Resolution Authorizing the Appointment of a Building Inspector Be it resolved, that the Board of Trustees of the Village of Pelham hereby confirms the Mayor’s appointment of William Rogel of Huntington, NY to the position of Building Inspector pursuant to the provisions of Village Code § 34-3, from Westchester County Civil Service Eligible List # 68-098, effective Monday, April 17, 2023, at an annual salary of $140,000.00 subject to a one-year (1) probationary period and the requirements of Westchester County Civil Service and the Village of Pelham Employee Handbook; and Be it further resolved, that the Village Administrator is authorized to take the necessary and appropriate actions to affect this promotional appointment. Vote Record - Item # 11 – Resolution Authorizing the Appointment of a Building Inspector Village of Pelham Board of Trustees Regular Meeting Tuesday, April 11, 2023 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 ☐ ☐ ☐ ☐ Village Trustee Solomon ☐ ☐ ☐ ☐ Village Board of Trustees Regular Meeting Tuesday, April 11, 2023 Item # 12 – Resolution Authorizing Attendance at NYCOM Annual Meeting (5/17/23 – 5/19/23) Whereas, the New York State Conference of Mayors and Municipal Officials (“NYCOM”) is an association of, and for, cities and villages in New York. Since 1910, NYCOM has united local government officials in an active statewide network focused on the singular purpose of finding the most effective means of providing essential municipal services; and Whereas, NYCOM hosts its annual meeting at Sagamore Hotel Bolton Landing each year; and Whereas, Attendance at this training event is permitted by § 77-b of the General Municipal Law. Now, therefore, be it resolved, that the Board of Trustees of the Village of Pelham herein authorizes Mayor Mullen, Deputy Mayor Carpenter, and Village Trustee Eldahry to attend the 2023 Annual Meeting at the Sagamore Hotel on behalf of the Village of Pelham from Wednesday, May 17, 2023 to Friday, May 19, 2023, with cost of said meeting including travel, hotel and registration fees not to exceed $1200.00 per person to be covered by the Village. Vote Record - Item # 12 – Resolution Authorizing Attendance at NYCOM Annual Meeting (5/17/23 – 5/19/23) Village of Pelham Board of Trustees Regular Meeting Tuesday, April 11, 2023 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 ☐ ☐ ☐ ☐ Village Trustee Solomon ☐ ☐ ☐ ☐ Village Board of Trustees Regular Meeting Tuesday, April 11, 2023 Item # 13 – Other Business Village Board of Trustees Regular Meeting Tuesday, April 11, 2023 Recurring Items Item # 14 - 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 (items attached hereto and made part hereof). Vote Record - Item # 14 – Authorizing Budget Amendments and Transfers for Fiscal Year 2022-23 Village of Pelham Board of Trustees Regular Meeting Tuesday, April 11, 2023 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 ☐ ☐ ☐ ☐ Village Trustee Solomon ☐ ☐ ☐ ☐ Village Board of Trustees Regular Meeting Tuesday, April 11, 2023 Item # 15 - Authorizing Accounts Payable Trustee Carpenter 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) $ 48,104.93 Capital Projects Fund (H) $ 20,763.21 Trust & Agency (T) $ 51,300.00 Grand Total $ 120,168.14 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 # 15 - Resolution Authorizing the Accounts Payable Village of Pelham Board of Trustees Regular Meeting Tuesday, April 11, 2023 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 ☐ ☐ ☐ ☐ Village Trustee Solomon ☐ ☐ ☐ ☐ Village Board of Trustees Regular Meeting Tuesday, April 11, 2023 Item # 16 - Authorizing Minutes of: March 14, 2023 Work Session and Regular Meeting Vote Record - Item # 16 – March 14, 2023 Work Session and Regular Meeting Village of Pelham Board of Trustees Regular Meeting Tuesday, April 11, 2023 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 ☐ ☐ ☐ ☐ Village Trustee Solomon ☐ ☐ ☐ ☐ Item # 17 - Adjournment

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