Mayor & Village Board of Trustees

VILLAGE OF PELHAM BOARD OF TRUSTEES REGULAR MEETING MINUTES TUESDAY, JUNE 27, 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. Zoning Text Amendment Petition re: Outdoor Dining 9. Resolution Authorizing the Promotion of a Laborer to Motor Equipment Operator (MEO) in the Village of Pelham Department of Public Works 10. Resolution Authorizing the Appointment of a Deputy Village Clerk 11. Resolution Authorizing the Acceptance of a Donation from the Junior League of Pelham 12. Resolution Authorizing Modification to an Approved Site Plan Application at 48 First Street 13. Other Business – Resolution Pursuant to the Zoning Text Amendment re: Outdoor Dining Recurring Items 14. Authorizing Accounts Payable 15. Authorizing Minutes of: June 13, 2023 Work Session and Regular Meeting 16. Adjournment Next Regularly Scheduled BOT Meetings: Tuesday, July 11, 2023 (Summer Schedule) Tuesday, August 8, 2023 (Summer Schedule) Tuesday, September 12, 2023 Village Board of Trustees Regular Meeting Tuesday, June 27, 2023 Item # 1 - Meeting Called to Order: Mayor Mullen called the meeting to order at 8:02 PM. Item # 2 - Pledge of Allegiance: Mayor Mullen led the pledge at 8:02PM Item # 3 - Roll Call: Attendee Name Present Absent Late Mayor Mullen ☒ ☐ ☐ Deputy Mayor Carpenter ☒ ☐ ☐ Village Trustee Hill-Ries (Virtual) ☒ ☐ ☐ 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 received a grant from the County to improve our Downtown. Mayor Mullen to speak further on the details. Village Trustee Kamal Eldahry - absent Village Trustee McGreal – absent Village Trustee Otondi – Nothing to report. Village Trustee Solomon – Nothing to report. Deputy Mayor Carpenter – Nothing to report. Item # 5 - Village Administrator’s Report: Village Administrator Scelza spoke on the upcoming Veolia hydrant flushing and completion of paving operations will be completed in the various designated locations on Wednesday. Item # 6 - Mayor’s Report The Village received a Business First Downtown Improvement Grant from the Westchester County Office of Economic Development. Pelham was one of five municipalities selected for the pilot program. The Village of Pelham will form a partnership with the consulting firm JGSC Group who will create a custom strategic economic growth plan and provide some funding to support the execution of the plan. Tonight, is the final Village Board Meeting for Muneeb Zia, Assistant to the Village Administrator who has indicated he has some other opportunities he will be pursuing. Though sad to see him go, we are rooting for Muneeb and wishing him the absolute best. Village Board of Trustees Regular Meeting Tuesday, June 27, 2023 Item # 7 - Public Comments No public comment. Village Board of Trustees Regular Meeting Tuesday, June 27, 2023 Non-Recurring Items Item # 8 – Zoning Text Amendment Petition re: Outdoor Dining David Cooper, Partner of law firm Zarin and Steinmetz, is representing the restaurants The Rail House and Sergio’s in their joint petition for Zoning Text Amendment Petition to allow outdoor dining not on the sidewalk. Representatives from both restaurants were present at the meeting. David Cooper spoke on behalf of ESG Restaurant Enterprises Inc. (d/b/a Sergio’s of Pelham) & Heart & Soul Hospitality Group Inc. (d/b/a The Rail House 10803), Petitioners (collectively, the “Petitioners”) in the enclosed Verified Petition for Zoning Text Amendment Petition. Petitioners are asking your Board to amend Chapter 98 of the Village Code in order to permit by ZBA special permit seasonal outdoor dining as an accessory use for restaurants in the Business 2 and Business 3 Districts. Seasonal outdoor dining areas can be attractive amenities for restaurants in the Village. Being able to provide patrons with comfortable and safe tables outside during warm weather draws Village residents and visitors from throughout Westchester to the Village of Pelham. Seating customers outside not only enhances restaurants’ business, it also bolsters the Village’s economy by bringing people downtown to patronize local businesses. Unfortunately, not every restaurant in the Village can provide outdoor dining areas due to existing zoning requirements. Presently, the Village Code permits outdoor dining on sidewalks only, which limits or outright excludes the use for some food establishments in the Village, including both Petitioners. Specifically, Sidewalk Café Permits, regulated by Chapter 75 of the Village Code, allow restaurants in the Village’s Business Districts to utilize only the adjacent sidewalk areas for outdoor dining where certain standards are met, including that "[p]edestrian or vehicular traffic shall not be impeded or obstructed as a result of the location of a sidewalk cafe.” See Village Code § 75-3. The sidewalk in front of Sergio’s is too narrow to comply with this standard. The sidewalk in front of The Rail House only permits a few small tables outside. Both instances put Petitioners at a significant competitive disadvantage during the spring and summer where other restaurants are offering ample outside dining areas. In order to address the competitive disadvantage Petitioners face, both propose to utilize the existing parking areas on their respective properties for outdoor dining in a similar, if not identical, way the Petitioners operated during the COVID-19 pandemic in accordance with emergency permits under Chapter 62. The use of the parking area for outdoor dining will not have significant impacts, as both Petitioners’ restaurant locations have sufficient off-site parking, comprised of on-street parking, public parking lots, and valet parking services utilizing off street parking on alternate properties pursuant to written contract. Other possible impacts, such lighting and noise, will be mitigated through compliance with the provisions of the proposed Outdoor Dining permit code. The Petition proposes an Outdoor Dining permit, which would permit the use of an applicant’s own property (not a public right-of-way) for seasonal outdoor dining purposes. The proposed Outdoor Dining permit does not replace either of the above-described Outdoor Business Area or Sidewalk Café permits. Rather, it is proposed as an additional permit from the ZBA that may be obtained by restaurants in the Village’s B-2 and B-3 Districts, upon proof that the standards set forth in the proposed zoning text are met. These standards include limitations on the dates and hours of operation, lighting, location of the outdoor dining area, and noise. In addition, the proposed text Village Board of Trustees Regular Meeting Tuesday, June 27, 2023 amendment includes specific parking and screening requirements. With these safeguards in place, the proposed Outdoor Dining permit will provide a benefit to the community by permitting seasonal outdoor dining that is utilized and maintained in a manner which protects and enhances the Village character of the community, increases the viability of the Village’s restaurant business, and ensures a healthy economic environment in the Village. Mayor Mullen elaborated for the public on the fact that Sidewalk Cafes are requesting a permit to use public Village property for dining, while the request these two restaurants are making is asking for a zoning change to private property. The Mayor and Board proceeded to clarify details of the petition including setbacks and screening, fire safety standards, length of permit and cancellation rights, hours of operation, expiration of ownership and why Business -1 District was excluded; Deputy Mayor Carpenter proposed it be added. Village Trustees shared their thoughts on the petition. The Village Board of Trustees will plan to refer this petition to the Village Planning Board and County Planning Board with amendment to include Business-1 District and refer to Zoning Board. Village Board of Trustees Regular Meeting Tuesday, June 27, 2023 Item # 9 – Resolution Authorizing the Promotion of a Laborer to Motor Equipment Operator (MEO) in the Village of Pelham Department of Public Works Be it resolved, that the Board of Trustees of the Village of Pelham hereby confirms the Mayor’s promotion of Paul Torres of Pelham, NY to the position of Motor Equipment Operator in the Village of Pelham Department of Public Works at an annual starting salary of $81,034.00, effective Monday, July 3, 2023, subject to a one-year (1) probationary period and the requirements of Westchester County Civil Service; 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 # 9 – Resolution Authorizing the Promotion of a Laborer to Motor Equipment Operator (MEO) in the Village of Pelham Department of Public Works – 9:16 PM Village of Pelham Board of Trustees Regular Meeting Tuesday, June 27, 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 2nd ☒ ☐ ☐ ☐ Village Trustee Solomon Motion ☒ ☐ ☐ ☐ Village Board of Trustees Regular Meeting Tuesday, June 27, 2023 Item # 10 – Resolution Authorizing the Appointment of a Deputy Village Clerk Be it resolved, that the Board of Trustees of the Village of Pelham hereby confirms the appointment by the Mayor of Adriana Rugova of Yonkers, NY to the position of Deputy Village Clerk, effective Monday, July 10, 2023, at an annual salary of $60,000.00, 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 appointment. Vote Record - Item # 10 – Resolution Authorizing the Appointment of a Deputy Village Clerk – 9:17 PM Village of Pelham Board of Trustees Regular Meeting Tuesday, June 27, 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 2nd ☒ ☐ ☐ ☐ Village Trustee Solomon Motion ☒ ☐ ☐ ☐ Village Board of Trustees Regular Meeting Tuesday, June 27, 2023 Item # 11 – Resolution Authorizing the Acceptance of a Donation Whereas, on April 26, 2023, the Junior League of Pelham pledged a one-time monetary donation to the Village of Pelham for maintenance of Woodland Park in the amount of $1,203.00; and Whereas, the Village of Pelham shall allocate aforementioned donation amount toward the maintenance of Woodland Park. Now, therefore, be it resolved, that the Board of Trustees of the Village of Pelham herein accepts a one-time monetary donation from the Junior League of Pelham for enhanced landscaping in and around Woodland Park; in the amount of $1,203.00; and Be it further resolved, that the Village Administrator/Treasurer is authorized to take the necessary and appropriate actions to affect this resolution. Vote Record - Item # 11 – Resolution Authorizing the Acceptance of a Donation – 9:18 PM Village of Pelham Board of Trustees Regular Meeting Tuesday, June 27, 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 2nd ☒ ☐ ☐ ☐ Village Trustee Solomon Motion ☒ ☐ ☐ ☐ Village Board of Trustees Regular Meeting Tuesday, June 27, 2023 Item # 12 – Resolution Authorizing Modification to an Approved Site Plan Application for 48 First Street Whereas, in accordance with Chapter 79 of the Code of the Village of Pelham, the Board of Trustees has found and determines it to be desirable to encourage property owners to develop residential projects within the Village’s downtown core that will activate Village Street life, enhance walkability, promote the Village’s culture, enhance the real property tax base, and better utilize existing public services; and Whereas, the 48 First Street property consists of a single tax parcel that fronts on First Street and is zoned Business-2, and Whereas, on April 11, 2023, the Village Board of Trustees granted 48 Pelham Property LLC (or the “applicant”), site plan approval for an eight-unit multi-family development at 48 First Street (the “Project”) which included a rooftop amenity space accessed via an elevator that complied with Village Code § 98-106.3 and met the requirements for the Business District Floating Zone (“BDFZ”); and Whereas, 48 Pelham Property LLC, is proposing to build the previously approved development using modular construction which requires permitting from New York State and New York State has determined that a second means of egress from the rooftop is required; and Whereas, 48 Pelham Property LLC, has modified the previously approved building to include staircase access to the roof along with a new stairway bulkhead on the roof; and Whereas, to accommodate these modifications 48 Pelham Property LLC is requesting approval of a modification to the previously approved site plan; and Whereas, Village Code § 98-4 authorizes the Village Board of Trustees to permit and grant approval for a modification to an approved site plan that complies with the Village Code; and Whereas, 48 Pelham Partners LLC has submitted the following documents and plans in support of the application: • Modular plans prepared by Simplex Homes, dated March 13, 2023; • Color Front Elevation A001, prepared by Mastrogiacomo Engineering, PC, dated 09.11.2019 and last revised 02.17.2023; • Building Section A002, prepared by Mastrogiacomo Engineering, PC, dated 09.11.2019 and last revised 02.17.2023; • Door, Window & Railing Details A003, prepared by Mastrogiacomo Engineering, PC, dated 09.11.2019 and last revised 02.17.2023; • Detail Sections A004, prepared by Mastrogiacomo Engineering, PC, dated 09.11.2019 and last revised 02.17.2023; • Detail Sections A005, prepared by Mastrogiacomo Engineering, PC, dated 09.11.2019 and last revised 02.17.2023; • Window, Shutter & Stone Specifications A006, prepared by Mastrogiacomo Engineering, PC, dated 09.11.2019 and last revised 02.17.2023; • Exterior Trim Specifications A007, prepared by Mastrogiacomo Engineering, PC, dated 09.11.2019 and last revised 02.17.2023; • Exterior Trim Specifications A008, prepared by Mastrogiacomo Engineering, PC, dated 09.11.2019 and last revised 02.17.2023; • Exterior Trim Specifications A009, prepared by Mastrogiacomo Engineering, PC, dated 09.11.2019 and last revised 02.17.2023; Village Board of Trustees Regular Meeting Tuesday, June 27, 2023 • Proposed Front Elevation A100, prepared by Mastrogiacomo Engineering, PC, dated 09.11.2019 and last revised 02.17.2023; • Proposed Right Elevation A101, prepared by Mastrogiacomo Engineering, PC, dated 09.11.2019 and last revised 02.17.2023; • Proposed Rear Elevation A102, prepared by Mastrogiacomo Engineering, PC, dated 09.11.2019 and last revised 02.17.2023; • Proposed Left Elevation A103, prepared by Mastrogiacomo Engineering, PC, dated 09.11.2019 and last revised 02.17.2023; • Proposed Floor Plan – Ground Floor (Revised) A200-A, prepared by Mastrogiacomo Engineering, PC, dated 09.11.2019 and last revised 02.17.2023; • Proposed Floor Plan – Floors 2 A201, prepared by Mastrogiacomo Engineering, PC, dated 09.11.2019 and last revised 02.17.2023; • Proposed Floor Plan – Floors 3 & 4 A202, prepared by Mastrogiacomo Engineering, PC, dated 09.11.2019 and last revised 02.17.2023; • Proposed Floor Plan – Floors 5 A203, prepared by Mastrogiacomo Engineering, PC, dated 09.11.2019 and last revised 02.17.2023; • Proposed Lower Roof Plan A204, prepared by Mastrogiacomo Engineering, PC, dated 09.11.2019 and last revised 02.17.2023; • Proposed Upper Roof Plan A205, prepared by Mastrogiacomo Engineering, PC, dated 09.11.2019 and last revised 02.17.2023. Now, therefore, be it resolved, that the Board of Trustees reaffirms its declaration to be lead agency for the purposes of SEQRA, in accordance with 6 NYCRR § 617.6(b), and after considering the documents previously and currently submitted by the applicant reaffirms the previous declaration made by the Board of Trustees on October 27, 2020, that the proposed action will not have a significant effect on the environment and a Draft Environmental Impact Statement will not be required; and Be it further resolved, that in accordance with Village Code § 79-7, this modification to an approved site plan shall be null and void if the applicant fails to obtain a building permit within 120 days of this resolution unless the Board of Trustees extends, by resolution, the time within which to do so; and Be it further resolved, that this modification to an approved site pan shall 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 Board of Trustees extends, by resolution, the time within which to do so. Vote Record - Item # 12 – Resolution Authorizing Modification to an Approved Site Plan for 48th First Street- 9:14PM Village of Pelham Board of Trustees Regular Meeting Tuesday, June 27, 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 2nd ☒ ☐ ☐ ☐ Village Trustee Solomon Motion ☒ ☐ ☐ ☐ Village Board of Trustees Regular Meeting Tuesday, June 27, 2023 Item # 13 – Other Business Resolution Pursuant to the New York State Environmental Quality Review Act (SEQRA) The General Municipal Law and the Westchester County Administrative Code Regarding Amending Chapter 98 of the Code of the Village of Pelham Regarding an Amendment to Chapter 98-140 of the Code of the Village of Pelham to Create a Special Permit in the Village’s Business-1 District (“B-1 District”), Business-2 District (“B-2 District”), and Business-3 District (“B-3 District”) to permit, under limited circumstances, restaurants to provide seasonal outdoor dining areas of their property other than the public sidewalks. Be it resolved, that the Village Board of Trustees of the Village of Pelham, as follows: 1. The proposed action is to amend Chapter 98-140 of the Code of the Village of Pelham to create a special permit in the Village’s Business-1 District (“B-1 District”), Business-2 District (“B-2 District”), and Business-3 District (“B-3 District”) to permit, under limited circumstances, restaurants to provide seasonal outdoor dining areas of their property other than the public sidewalks. The Board of Trustees has reviewed and considered the Full Environmental Assessment Form. 2. The Village Board of Trustees determines that: a. The proposed action is subject to the requirements of SEQRA; b. The proposed action is an Unlisted Action; c. The action is not located in an agricultural district; and 3. The Village Board of Trustees hereby determines that General Municipal Law § 239-n and Westchester County Administrative Code § 277.61 require that the proposed action be referred to Westchester County for review and directs the Village Clerk to make that referral. 4. The Village Board of Trustees determines that the proposed modification to the Code of the Village of Pelham be referred to the Village of Pelham Planning Board and directs the Village Clerk to make that referral. 5. The Village Board of Trustees is declaring its intent to be the lead agency for the purposes of SEQRA review, in accordance with 6 NYCRR § 617.6(b). Vote Record - Item # 13 – Resolution Pursuant to the Zoning Text Amendment regarding Outdoor Dining – 9:24 PM Village of Pelham Board of Trustees Regular Meeting Tuesday, June 27, 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 2nd ☒ ☐ ☐ ☐ Village Trustee Solomon Motion ☒ ☐ ☐ ☐ Village Board of Trustees Regular Meeting Tuesday, June 27, 2023 Recurring Items Item # 14 - Authorizing Accounts Payable Trustee Solomon 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) $ 91,516.35 Capital Projects Fund (H) $ 16,650.00 Trust & Agency (T) $ 0.00 Grand Total $ 108,166.35 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 # 14 - Resolution Authorizing the Accounts Payable – 9:20 PM Village of Pelham Board of Trustees Regular Meeting Tuesday, June 27, 2023 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Mullen ☒ ☐ ☐ ☐ ☐Approved as Deputy Mayor Carpenter Motion ☒ ☐ ☐ ☐ Amended Village Trustee Hill-Ries ☒ ☐ ☐ ☐ ☐Tabled Village Trustee Eldahry ☐ ☐ ☐ ☒ ☐Withdrawn Village Trustee McGreal ☐ ☐ ☐ ☒ ☐Discussed Village Trustee Otondi 2nd ☒ ☐ ☐ ☐ Village Trustee Solomon ☒ ☐ ☐ ☐ Village Board of Trustees Regular Meeting Tuesday, June 27, 2023 Item # 15 - Authorizing Minutes of: June 13, 2023 Work Session and Regular Meeting Vote Record - Item # 15 – June 13, 2023 Work Session and Regular Meeting – 9:21PM Village of Pelham Board of Trustees Regular Meeting Tuesday, June 27, 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 2nd ☒ ☐ ☐ ☐ Village Trustee Solomon Motion ☒ ☐ ☐ ☐ Item # 16 - Adjournment A motion was made by Village Trustee Solomon and seconded by Deputy Mayor Carpenter and voted unanimously by all to adjourn the regular meeting at 9:25 PM.