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Mayor & Village Board of Trustees

Regular Meeting

Pelham, NY · February 25, 2025

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Minutes

VILLAGE OF PELHAM BOARD OF TRUSTEES REGULAR MEETING MINUTES TUESDAY, FEBRUARY 25, 2025, 8:01 PM MUNICIPAL CENTER - 200 FIFTH 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 Authorizing the Appointment of a Firefighter in the Village of Pelham Fire Department 9. Public Hearing on Local Law No. 1 of 2025 to Amend the Zoning Ordinance and Zoning Map of the Village of Pelham Entitled “Zoning Map” the Business – 1 Commercial Zoning District 10. Resolution Adopting Local Law No. 1 of 2025 to Amend the Zoning Ordinance and Zoning Map of the Village of Pelham Entitled “Zoning Map” the Business – 1 Commercial Zoning District 11. Resolution Approving Proposed Zoning Map, Zoning Text, Lot Line Adjustment and Site Plan Approval for 64 Lincoln Avenue and 216 Third Avenue 12. Resolution Authorizing the Execution of an Agreement with the Pelham Chamber of Commerce for the Administration of the Westchester County Downtown Improvement Grant 13. Resolution Approving an Amendment to an Approved Site Plan for 139 Fifth Avenue 14. Discussion on Potential Parking Improvements 15. Other Business – Zoom Bombs Recurring Items 16. Authorizing Accounts Payable 17. Authorizing Minutes of: February 11, 2025 Work Session and Regular Meeting 18. Adjournment Next Regularly Scheduled BOT Meetings: Tuesday, March 11, 2025 Tuesday, March 25, 2025 Village Board of Trustees Regular Meeting Tuesday, February 25, 2025 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 Eldahry (Virtual) ☒ ☐ ☐ Village Trustee Howell ☒ ☐ ☐ Village Trustee Mohan ☒ ☐ ☐ Village Trustee Otondi ☒ ☐ ☐ Village Trustee Solomon ☒ ☐ ☐ Village Administrator Scelza ☐ ☒ ☐ Item # 4 - Village Trustees’ Report: Village Trustee Eldahry – Nothing to report. Village Trustee Howell – An Arts Council update; Congressman Latimer joined yesterday’s meeting and gave an interesting perspective of what he is doing in DC. In regards to funding, he suggested identifying specific organizations where we have received Federal Funding under the DEI umbrella. Also, the next meeting is on June 14th and will include conversations regarding funding and whether or not we will need to fill a budget gap. Finally, other discussions included setting up artwork in the Municipal Center and zoom bombs when it comes to public comment. Village Trustee Mohan – nothing to report. Village Trustee Otondi – The DPW is going around and filling all the potholes that were a result from the storm. They are also cleaning the parks and most of the avenue. They will be sending out the sweeper to clean all the streets in a week or two, and then will begin Spring Leaf pick up on March 15th. Village Trustee Solomon – Congratulations to Firefighter Reynolds! Deputy Mayor Carpenter – Nothing to report. Item # 5 - Village Administrator’s Report: Absent. Village Board of Trustees Regular Meeting Tuesday, February 25, 2025 Item # 6 - Mayor’s Report Tomorrow there will be a press release about some work that the Mayor and Board are doing later in the evening. The Village had received $250,000 for the Downtown Improvement Grant from Westchester County. We are also about to enter into an agreement with the Chamber of Commerce to help us administer a $100,000 grant program for our local businesses. Folks can apply and potentially receive up to $5,000 intended to help upgrade facades and exteriors, and it can even go up to $10,000 for extraordinary projects. Item # 7 - Public Comments Steve Bartoli: Steve Bartoli is the son-in-law of a resident that lives at 88 Lincoln and voices his concerns over the demolition at the old firehouse. While there is already a mice problem in that building, he worries that once the prior firehouse is knocked down, things will get loose. Another issue is the cracking in the walls of the apartment and possible asbestos. Steve also made a suggestion about the type of establishments he would like to see in the Downtown area, and a ticket he was issued while parked outside for 2 minutes. Mayor Mullen states that the asbestos has been removed from the building and that the way the building will be removed by hand for the top floor, and by machine for the bottom floor. In terms of the mice, one thing that is required is rodent control and Mayor Mullen will make sure that gets done. Village Board of Trustees Regular Meeting Tuesday, February 25, 2025 Non-Recurring Items Item # 8 – Resolution Authorizing the Appointment of a Firefighter in the Village of Pelham Fire Department Whereas, the Westchester County Department of Human Resources has certified to the Village of Pelham a list of eligible candidates for the contingent permanent position of Firefighter; and Whereas, Aiden Reynolds is ranked on the foresaid list of eligilble candidates. Now, therefore, be it resolved, that the Board of Trustees of the Village of Pelham hereby confirms the Mayor’s appointment of Aiden Reynolds of Pelham, New York, to the position of Firefighter (Recruit without EMT) Job Class Code 0106-01 from Westchester County Civil Service Eligible List # 64-991, effective February 25, 2025, at an annual salary of $38,033.00, subject to the requirements of Westchester County Civil Service, the current Village of Pelham Professional Firefighters Association Collective Bargaining Agreement, Village of Pelham Employee Handbook and any other applicable regulations in place and for a probationary period of one (1) year; and Be it further resolved, that the Village Administrator is authorized to take the necessary actions to effect this appointment. Vote Record - Item # 8 – Resolution Authorizing the Appointment of a Firefighter in the Village of Pelham Fire Department – 8:11 PM Village of Pelham Board of Trustees Regular Meeting Tuesday, February 25, 2025 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Mullen ☒ ☐ ☐ ☐ ☐Approved as Deputy Mayor Carpenter ☒ ☐ ☐ ☐ Amended Village Trustee Eldahry ☒ ☐ ☐ ☐ ☐Tabled Village Trustee Howell ☒ ☐ ☐ ☐ ☐Withdrawn Village Trustee Mohan 2nd ☒ ☐ ☐ ☐ ☐Discussed Village Trustee Otondi ☒ ☐ ☐ ☐ Village Trustee Solomon Motion ☒ ☐ ☐ ☐ Village Board of Trustees Regular Meeting Tuesday, February 25, 2025 Item # 9 – Public Hearing on Local Law No. 1 of 2025 to Amend the Zoning Ordinance and Zoning Map of the Village of Pelham Entitled “Zoning Map” the Business – 1 Commercial Zoning District VILLAGE OF PELHAM NOTICE OF PUBLIC HEARING Scheduling a Public Hearing for Local Law No. 1 of 2025 to Amend Chapter 98 of the Pelham Village Code Entitled “Zoning” Re: Zoning Map and Text Amendment The Board of Trustees of the Village of Pelham hereby schedules a public hearing to be held at 8:00 p.m. on Tuesday, February 25, 2025, on a proposed Local Law that would amend Chapter 98-8 (D) of the Code of the Village of Pelham to extend the Business -1 District to the southwest to include 25’ by 100’. This meeting will be held in-person at 200 Fifth Avenue and 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: *** Join by Video: https://zoom.us/j/98917409392?pwd=U09KN2MxTnJHWEU2Nm9ndWxQSEgwZz09 Join by Telephone: (929) 205-6099 Meeting ID: 989 1740 9392 Passcode: 030699 *** A copy of the proposed Local Law is on file in the offices of the Village Clerk and may be viewed during normal business hours of 9:00 a.m. to 4:30 p.m., or an electronic copy may be obtained from the Village’s website www.pelhamgov.com. By Order of the Mayor and Village Board of Trustees Adriana Rugova, Village Clerk Vote Record - Item # 9 – Opening the Public Hearing for Local Law No. 1 of 2025 to Amend the Zoning Ordinance and Zoning Map of the Village of Pelham Entitled “Zoning Map” the Business – 1 Commercial Zoning District – 8:30 PM Village of Pelham Board of Trustees Regular Meeting Tuesday, February 25, 2025 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Mullen ☒ ☐ ☐ ☐ ☐Approved as Deputy Mayor Carpenter ☒ ☐ ☐ ☐ Amended Village Trustee Eldahry ☒ ☐ ☐ ☐ ☐Tabled Village Trustee Howell ☒ ☐ ☐ ☐ ☐Withdrawn Village Trustee Mohan 2nd ☒ ☐ ☐ ☐ ☐Discussed Village Trustee Otondi ☒ ☐ ☐ ☐ Village Trustee Solomon Motion ☒ ☐ ☐ ☐ Village Board of Trustees Regular Meeting Tuesday, February 25, 2025 Vote Record - Item # 9 – Closing the Public Hearing for Local Law No. 1 of 2025 to Amend the Zoning Ordinance and Zoning Map of the Village of Pelham Entitled “Zoning Map” the Business – 1 Commercial Zoning District – 8:31 PM Village of Pelham Board of Trustees Regular Meeting Tuesday, February 25, 2025 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Mullen ☒ ☐ ☐ ☐ ☐Approved as Deputy Mayor Carpenter ☒ ☐ ☐ ☐ Amended Village Trustee Eldahry ☒ ☐ ☐ ☐ ☐Tabled Village Trustee Howell ☒ ☐ ☐ ☐ ☐Withdrawn Village Trustee Mohan 2nd ☒ ☐ ☐ ☐ ☐Discussed Village Trustee Otondi ☒ ☐ ☐ ☐ Village Trustee Solomon Motion ☒ ☐ ☐ ☐ Village Board of Trustees Regular Meeting Tuesday, February 25, 2025 Item # 10 – Resolution Adopting Local Law No. 1 of 2025 to Amend the Zoning Ordinance and Zoning Map of the Village of Pelham Entitled “Zoning Map” the Business – 1 Commercial Zoning District Whereas, the Board of Trustees of the Village of Pelham has proposed a local law to amend the Zoning Ordinance and Zoning Map of the Village of Pelham Entitled “Zoning Map’ the Business – 1 Commercial Zoning District; and Whereas, pursuant to the New York State Environmental Quality Review Act (SEQRA), on June 25, 2024, the Village Board of Trustees received a Short Environmental Assessment Form (EAF), declared itself to be lead agency and identified the proposed action as an Unlisted Action; and Whereas, notice was duly provided to the County of Westchester 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 Board of Trustees of the Village of Pelham determined the Code of the Village of Pelham § 98-141 requires the proposed action be referred to the Planning Board and such referral was made on 2-11-2025; and Whereas, a notice of public hearing was duly advertised in the Journal News, the official newspaper of the Village of Pelham; and Whereas, said public hearing was held on February 25, 2025, at or about 8:00 p.m. online via Zoom and at the Municipal Center and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said to proposed local law or any part thereof. Now, therefore, be it resolved, as follows: 1. The Board of Trustees hereby adopts Local Law No. 1 of 2025 of the Village of Pelham which amends the Zoning Ordinance and Zoning Map of the Village of Pelham; 2. The Board of Trustees directs the Village Clerk to prepare said Law for filing with the Secretary of State. Vote Record - Item # 10 – Resolution Adopting Local Law No. 1 of 2025 to Amend the Zoning Ordinance and Zoning Map of the Village of Pelham Entitled “Zoning Map” the Business – 1 Commercial Zoning District – 8:37 PM Village of Pelham Board of Trustees Regular Meeting Tuesday, February 25, 2025 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Mullen ☒ ☐ ☐ ☐ ☐Approved as Deputy Mayor Carpenter ☒ ☐ ☐ ☐ Amended Village Trustee Eldahry ☒ ☐ ☐ ☐ ☐Tabled Village Trustee Howell ☒ ☐ ☐ ☐ ☐Withdrawn Village Trustee Mohan ☒ ☐ ☐ ☐ ☐Discussed Village Trustee Otondi 2nd ☒ ☐ ☐ ☐ Village Trustee Solomon Motion ☒ ☐ ☐ ☐ Village Board of Trustees Regular Meeting Tuesday, February 25, 2025 Item # 11 – Resolution Approving Proposed Lot Line Adjustment and Site Plan Approval for 64 Lincoln Avenue and 216 Third Avenue Pelham Funeral Home, c/o Clive J. Anderson Realty LLC. 64 Lincoln Avenue and 216 Third Avenue Town of Pelham Tax Map: Block 1, Lots 5 & 6, Section 163.28 Whereas, the Village Board of Trustees has found and determined that encouraging property owners to use property more efficiently to reinvigorate the Village's downtown area 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 developing within the Village's downtown core will preserve, complement and be compatible with the character, massing, and scale of adjacent residential land uses; and Whereas, Pelham Funeral Home c/o Clive J. Anderson Realty LLC (the “Applicant”) has applied to develop the property known as 64 Lincoln Avenue and 216 Third Avenue in accordance with those requirements and standards; and Whereas, the Applicant has represented to the Village Board of Trustees that it is the lawful owner or contract vendee of 64 Lincoln Avenue and 216 Third Avenue; and Whereas, the application comprises two tax parcels, Parcel 163.28. Lots 5 & 6 which are located in the Business-1 and Residence A-3 Zoning District, respectively; and Whereas, the Applicant has petitioned for a Zoning Map and Zoning Text Change, a Lot Line Adjustment, and Site Plan Approval for a new parking lot and two new garages; and Whereas, Village Code § 98 authorizes the Village Board of Trustees to modify, a Zoning Map, Zoning Ordinance, and adjust a lot line in the manner provided by Article 7 of the New York State Village Law; and Whereas, in furtherance of its application, the Applicant has submitted to the Building Inspector a Declaration of Intent to Develop accompanied by the requisite documents, information and fees; and Whereas, the Applicant has further submitted a proposed site plan prepared by Mastrogiacomo Engineering, P.C., dated 10-01-2023 and last revised 01-20-2025 satisfying the requirements of Village Code Chapter 79, showing a proposed development and use of the 64 Lincoln Avenue and 216 Third Avenue property; and Whereas, the Applicant petitioned the Village Board of Trustees to amend the Zoning Map to extend the Business-1 (Bus-1) Commercial Zoning District 25’ to the south; and Whereas, the Applicant petitioned the Village Board of Trustees to amend Section 98-8 of the Village of Pelham Zoning Ordinance and adopt: “Section 98-8 D. The Business-1 District as shown on the Zoning Map of the Village of Pelham, dated June 2, 1987 is hereby extended to include 25’ of the property to the south (formerly zoned as Residence A-3) and as further identified as Section 163.28-1-5 & 6 on the Town of Pelham Tax Map.“; and Whereas, Mastrogiacomo Engineering, P.C. submitted the following documents and plans in support of the application: Village Board of Trustees Regular Meeting Tuesday, February 25, 2025 • Site Plan Application and Intent to Develop Form, undated; • Short Environmental Assessment Form dated 12-11-2023 and last revised 01-24- 2025; • T100 – Title Sheet, Vicinity Map and WEB Soil Survey prepared by Mastrogiacomo Engineering for Clive J Anderson LLC – dated 10-01-2023; • Proposed site plan and zoning analysis table, prepared by Mastrogiacomo Engineering for Clive J. Anderson LLC – undated; • C100 – Proposed Site Plan, prepared by Mastrogiacomo Engineering for Clive J. Anderson LLC – 10-01-2023; Whereas, Clive J. Anderson Realty LLC provided notice of its application to all property owners contiguous to the applicant’s property as required; and Whereas, a notice was duly provided to the County of Westchester 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 Westchester County Planning Board responded to the referral on 02-03-2025 stating that any disturbance to Lincoln Avenue, a County Road (CR 84), may require a permit from Westchester County Department of Public Works and Transportation, and recommended the applicant explore at-grade stormwater management solutions, such as using pervious paving for parking areas; and Whereas, the Village Board of Trustees determined the proposed actions be referred to the Planning Board and such referral was made on 06-11-2024 and then again on 01-28-2025; and Whereas, the Applicant subsequently submitted the application to the Planning Board for the purpose of obtaining their recommendations with respect to the application in accordance with Village Code § 79-6A; and Whereas, the Planning Board reviewed the application at their 07-16-2024 meeting, and then on 02- 18-2025 submitted to the Village Board of Trustees a Resolution recommending approval with conditions presented below; and Whereas, pursuant to the New York State Environmental Quality Review Act (SEQRA), the Board of Trustees received a Short Environmental Assessment Form (EAF) on 12-11-2023 and revised 01-24- 2025, 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 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 and Subdivision review established by Village Code § 98-136.1. Now, therefore, be it resolved, that after considering the documents submitted by the applicant, as recited above, and the recommendation from the Planning Board the Village Board of Trustees of the Village of Pelham finds and determines as follows: Village Board of Trustees Regular Meeting Tuesday, February 25, 2025 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 the Village Code; and C. The Site Plan approval is based on the following drawings that have been submitted by Applicant (collectively, the “Drawings”): • Site Plan Application and Intent to Develop Form, undated; • Short Environmental Assessment Form dated 12-11-2023 and last revised 01-24- 2025; • T100 – Title Sheet, Vicinity Map and WEB Soil Survey prepared by Mastrogiacomo Engineering for Clive J Anderson LLC – dated 10-01-2023; • Proposed site plan and zoning analysis table, prepared by Mastrogiacomo Engineering for Clive J. Anderson LLC – undated; • C100 – Proposed Site Plan, prepared by Mastrogiacomo Engineering for Clive J. Anderson LLC – 10-01- 2023. D. In addition to the drawings identified in C. above, the application of Pelham Funeral Home c/o Clive J. Anderson Realty is approved 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 submit to the Building Inspector a comprehensive stormwater drainage plan covering the lots located at 64 Lincoln Avenue (SBL.163.28-1-5) and 216 Third Avenue (SBL. 163.28-1-6) that incorporates to the maximum extent possible stormwater solutions that treat runoff on-site such as pervious paving for parking areas or installing vegetative rain gardens. 2. Obtain from Westchester County Department of Public works and Transportation (Section 239 F of the General Municipal Law) the approvals and/or permits for any proposed disturbance or improvements to Lincoln Avenue. E. Prior to the issuance of a Building Permit a complete and final plan set shall be provided to the Building Inspector consistent with all of the above conditions; and F. This 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 Board of Trustees extends, by Resolution, the time within which to do so; and Be it further resolved, that in accordance with Village Code §34-9, a Building Permit shall become invalid unless the authorized work commences within six months following the date of issuance and shall expire 12 months after the date of issuance, unless an application is made to the Building Inspector to renew per § 34-9. Village Board of Trustees Regular Meeting Tuesday, February 25, 2025 Vote Record - Item # 11 – Resolution Approving Proposed Zoning Map, Zoning Text, Lot Line Adjustment and Site Plan Approval for 64 Lincoln Avenue and 216 Third Avenue – 8:38 PM Village of Pelham Board of Trustees Regular Meeting Tuesday, February 25, 2025 Yes/Aye No/Nay Abstain Absent ☐Approved Mayor Mullen ☒ ☐ ☐ ☐ ☒Approved as Deputy Mayor Carpenter 2nd ☒ ☐ ☐ ☐ Amended Village Trustee Eldahry ☒ ☐ ☐ ☐ ☐Tabled Village Trustee Howell ☒ ☐ ☐ ☐ ☐Withdrawn Village Trustee Mohan ☒ ☐ ☐ ☐ ☐Discussed Village Trustee Otondi ☒ ☐ ☐ ☐ Village Trustee Solomon Motion ☒ ☐ ☐ ☐ Village Board of Trustees Regular Meeting Tuesday, February 25, 2025 Item # 12 – Resolution Authorizing the Execution of an Agreement with the Pelham Chamber of Commerce for the Administration of the Westchester County Downtown Improvement Grant Whereas, the Village of Pelham (“Village”) is a recipient of a Westchester County Downtown Improvement Grant (“DIG”); and Whereas, the Village received DIG funds for the work described in the Downtown Beautification of Private Property Project Application; and Whereas, the Village and the Pelham Chamber of Commerce desire to enter into an Agreement where the Pelham Chamber of Commerce will administer a program for private property owners and local businesses to perform the work; and Whereas, the Agreement sets out the basis on which the Pelham Chamber of Commerce will do that work and the Village will make such disbursements to approved Storefront Grant Application recipients. Now, therefore, be it resolved, that the Board of Trustees of the Village of Pelham herein authorizes the Village Administrator to execute the attached Agreement Regarding Chamber of Commerce Funding between the Village of Pelham and the Pelham Chamber of Commerce. Vote Record - Item # 12 – Resolution Authorizing the Execution of an Agreement with the Pelham Chamber of Commerce for the Administration of the Westchester County Downtown Improvement Grant – 8:40 PM Village of Pelham Board of Trustees Regular Meeting Tuesday, February 25, 2025 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Mullen ☒ ☐ ☐ ☐ ☐Approved as Deputy Mayor Carpenter ☒ ☐ ☐ ☐ Amended Village Trustee Eldahry ☒ ☐ ☐ ☐ ☐Tabled Village Trustee Howell 2nd ☒ ☐ ☐ ☐ ☐Withdrawn Village Trustee Mohan ☒ ☐ ☐ ☐ ☐Discussed Village Trustee Otondi ☒ ☐ ☐ ☐ Village Trustee Solomon Motion ☒ ☐ ☐ ☐ Village Board of Trustees Regular Meeting Tuesday, February 25, 2025 Item # 13 - Resolution Approving an Amendment to an Approved Site Plan for 139 Fifth Avenue Whereas, in accordance with Chapter 79 of the Code of the Village of Pelham, the Village Board of Trustees has found and determines it to be desirable to encourage property owners to improve property with environmentally sustainable uses and green infrastructure; and Whereas, the 139 Fifth Avenue property consists of two tax parcels. One fronts on Fifth Avenue and is zoned Business-2, and the second parcel fronts on Fourth Avenue and is zoned Residence M; and Whereas, on February 11, 2020, the Village Board of Trustees granted Pelham RE Partners, LLC (the “applicant”), site plan approval for a mixed-use development at 139 Fifth Avenue (the “Project”) that complied with Village Code § 98-106.3 and met the requirements for the Business District Floating Zone (“BDFZ”); and Whereas, on February 13, 2024, the Village Board of Trustees granted approval to amend the approved Site Plan to include solar canopy (see “Site Plan A07, prepared by Gallin Beeler Design Studio”), and Whereas, the originally approved Site Plan included 1,400 square feet of ground floor commercial space and non-rentable ground floor space for a community use; and Whereas, the applicant requests that approximately 920 square feet out of the 1,400 square feet of ground floor space be modified to permit a counter food restaurant; and Whereas, the Site Plan is allocating five (5) parking spaces (existing) as required in 98-114 for a restaurant use (five parking spaces plus one space for each 100 square feet of space available to patrons over the first 1,000 square feet; and for each 200 sf of floor area available to patrons); and Whereas, the applicant is requesting that 363 square feet of the ground floor space be permitted to be used for back-of-house office space – a use that will not increase a demand for parking; and Whereas, the approximate allocation of space is requested to be as follows: Occupancy Kitchen 328 sf 200sf/person 2 persons Seating 465 sf 15sf/person 31 persons Waiting 185sf 5sf/person 37 persons Office 363sf 100sf/person 3 persons Total 73 persons Whereas, the applicant has represented to the Village Board of Trustees that it is the lawful owner or contract vendee of the 139 Fifth Avenue property; and Village Board of Trustees Regular Meeting Tuesday, February 25, 2025 Whereas, Pelham RE Partners LLC has submitted the following documents and plans in support of the subject application: • Existing Reference Plan – Main Level, prepared by Gallin Beeler Design Studio, dated January 28, 2025. • Proposed Schematic Layout - Main Level Plan for a counter food restaurant prepared by Gallin Beeler Design Studio, dated January 28, 2025; • Precedent Images for 139 5th Avenue, prepared by Gallin Beeler Design Studio and dated October 28, 2024. Whereas, Pelham RE Partners LLC submitted the fees required in accordance with the schedule of fees for the Village of Pelham; and Whereas, the Village Board of Trustees considered the action as defined in 6 NYCRR §§617.2(b) and 617.3(g) with respect to the NYS Environmentally Quality Review Act (SEQRA) and found the proposed site plan modification to be consistent with the environmental determination made on 2-11- 2020 of no significant impact. Now, therefore be it resolved, that after considering the documents submitted by the applicant, as recited above, the Board of Trustees of the Village of Pelham finds and determines as follows: A. The modification to the approved Site Plan is granted pursuant to this resolution and shall be conditioned on the proposed project being installed/constructed in accordance with the drawings listed above. B. The approval is limited to the proposed reallocation of the 1,400 square foot ground floor space at 139 Fifth Avenue only; C. This modification to an approved site plan 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 of the terms 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 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 Village 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 plan 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 Village Board of Trustees extends, by resolution, the time within which to do so. Vote Record - Item # 13 – Resolution Approving an Amendment to an Approved Site Plan for 139 Fifth Avenue – 8:41 PM Village of Pelham Board of Trustees Regular Meeting Tuesday, February 25, 2025 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Mullen ☒ ☐ ☐ ☐ ☐Approved as Deputy Mayor Carpenter ☒ ☐ ☐ ☐ Amended Village Trustee Eldahry ☒ ☐ ☐ ☐ ☐Tabled Village Trustee Howell ☒ ☐ ☐ ☐ ☐Withdrawn Village Trustee Mohan 2nd ☒ ☐ ☐ ☐ ☐Discussed Village Trustee Otondi ☒ ☐ ☐ ☐ Village Trustee Solomon Motion ☒ ☐ ☐ ☐ Village Board of Trustees Regular Meeting Tuesday, February 25, 2025 Item # 14 – Discussion on Potential Parking Improvements The Village of Pelham regulates parking for a host of different priorities such as overnight parking for residents and visitors, day time parking for merchants, and meters for shoppers, diners and commuters. While new zoning laws require new homes and buildings to provide sufficient onsite parking, over 400 homes and apartments are pre-existing and non-conforming. In 2019, the Village came to a fork in the road. The State passed a law requiring all owners of parking decks to assess the condition of their facilities. There were two lots in the Village, lots 2 and 3, that were not in good shape. Lot 2 needed approximately 3 million dollars to stay standing. In 2020, $100,000 was put into lot 2 just to keep it standing another year. In 2019, a parking deck would cost $30,000 per spot and we can assume that numbers have only increased since then, therefore making it an expensive project. The Village was facing a serious issue, so we assessed our Firehouse at the time which was on the verge of condemnation. Between lot 2, the Firehouse, Village Hall and the Police Station, the minimum cost to keep those standing would have been 17.4 million (if we replaced lot 2, it would have been 20.4 million). This would have then come with a 12% tax hike for all taxpayers just to keep the status quo. This is when the Pelham House Project originated from. The Village sold both lot 2 and the old Firehouse that were valued at 6.8 million dollars, and we negotiated with the owner to build us new facilities as well as 60 public parking spaces on their property. However, this deal did not include lot 3, but because we decided that this is where our Municipal Center should go, it triggered a separate project to rehabilitate this lot so it didn’t end up where lot 2 was, and then convert it to Municipal Center parking. Some challenges the Village knew we were going to face was avoiding revoking resident overnight permits, the expansion of on street parking which required state approval, and the constrained capacity during construction. But with these challenges came some opportunities such as the need to prioritize land use and de-prioritize revenue, dispersing parking around the Village, and possibly incentivizing private solutions that better match demand. When we began the transition in the Fall of 2022, priority status was given to lot 2 and lot 3 permit holders and the Village reduced prices for all permit holders. Along with this, we also delayed the full closure of the top half of lot 3, added temporary spots on Sixth Ave and Lincoln in response to the feedback from 305 Sixth Ave, added ADA spaces directly outside some buildings, added commuter, shopper and diner meters along Pehamwood Ave, and pursued the potential purchase of an open lot on Sixth Ave, but the owner was not interested. With this transition, we have learned many things. Demand is highly dependent on proximity and cost, and the reduced price came with unintended consequences. Overselling temporary spaces must also be avoided, and private solutions are ideal. Finally, a focus should be on the waitlist and not capacity. Some potential improvements that we have began to implement are installing signage that clearly prioritizes permit parking vs meter and street parking, and removing the meters along Fourth Ave. Some other options being explored include a new parking lot at Carol Ave and Boulevard West which will be tied with the flood mitigation project, and private solutions requiring zoning adjustments. A large improvement will also have to be made through our waitlist. As of now, no one will be able to obtain a second permit until everyone gets a first (this does not apply to current permits). There will be a periodic confirmation of interest, and non-responses will be removed off of all waitlists. Possible Village Board of Trustees Regular Meeting Tuesday, February 25, 2025 adjustments include reducing the number of waitlists by using zones instead of lots, creating a separate list of location change requests, and possible automation through a private vendor along with price increases. Tied to this will be minor changes such as better integrating valet parking services (which is being implemented now), adjusting Passport to allow 15-minute purchases and the addition of 15-minute parking zones and spaces to support pickups and takeout, and utilizing DIG funds to replace meters throughout the Village. Village Trustee Mohan states that 15 minutes may not be practical as it is difficult to go into any business and come out within 15 minutes. 30 minutes will achieve what we are looking for and we can keep track of it. Village Trustee Solomon suggests trying both options and seeing the outcome data for both. Village Trustee Howell states that 30 minutes would make more sense for revenue purposes, and Village Trustee Otondi agrees that 15 minutes isn’t enough time. Village Trustee Eldahry explains that 15 minutes is the most convenient, and if more time is needed than there is the option of 30 minutes. Deputy Mayor Carpenter also agrees that a 15-minute option would make the most sense as it matches the meters. The Mayor and Board come to the conclusion of 30 minutes. Village Board of Trustees Regular Meeting Tuesday, February 25, 2025 Item # 15 – Other Business Zoom Bombs: Mayor Mullen and the Board of Trustees discuss the best options for preventing zoom bombs. A possible solution would be for the public to be able to engage in person and stream the meeting, and zoom only be used for business. Village Board of Trustees Regular Meeting Tuesday, February 25, 2025 Recurring Items Item # 16 - Authorizing Accounts Payable Village Trustee Mohan 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/Treasurer and Deputy Village Treasurer: Fund Name: Amount General Fund (A) $ 328,770.18 Capital Projects Fund (H) $ 685,096.98 Trust & Agency (T) $ 0.00 Private Purpose Trust Fund (TE) $ 0.00 Grand Total $1,013,867.17 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 # 16 – Resolution Authorizing Accounts Payable – 9:42 PM Village of Pelham Board of Trustees Regular Meeting Tuesday, February 25, 2025 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Mullen ☒ ☐ ☐ ☐ ☐Approved as Deputy Mayor Carpenter ☒ ☐ ☐ ☐ Amended Village Trustee Eldahry ☒ ☐ ☐ ☐ ☐Tabled Village Trustee Howell ☒ ☐ ☐ ☐ ☐Withdrawn Village Trustee Mohan 2nd ☒ ☐ ☐ ☐ ☐Discussed Village Trustee Otondi ☒ ☐ ☐ ☐ Village Trustee Solomon Motion ☒ ☐ ☐ ☐ Village Board of Trustees Regular Meeting Tuesday, February 25, 2025 Item # 17 - Authorizing Minutes of: February 11, 2025 Work Session and Regular Meeting Vote Record - Item # 17 – Resolution Authorizing the Minutes of February 11, 2025 Work Session and Regular Meeting – 9:43 PM Village of Pelham Board of Trustees Regular Meeting Tuesday, February 25, 2025 Yes/Aye No/Nay Abstain Absent ☒Approved Mayor Mullen ☒ ☐ ☐ ☐ ☐Approved as Deputy Mayor Carpenter ☒ ☐ ☐ ☐ Amended Village Trustee Eldahry ☒ ☐ ☐ ☐ ☐Tabled Village Trustee Howell 2nd ☒ ☐ ☐ ☐ ☐Withdrawn Village Trustee Mohan ☒ ☐ ☐ ☐ ☐Discussed Village Trustee Otondi ☐ ☐ ☒ ☐ Village Trustee Solomon Motion ☒ ☐ ☐ ☐ Item # 18 - Adjournment A motion was made by Village Trustee Solomon, seconded by Village Trustee Howell, voted unanimously at 9:43 PM to adjourn for the evening. Respectfully submitted, Adriana Rugova, Village Clerk

Agenda

VILLAGE OF PELHAM BOARD OF TRUSTEES REGULAR MEETING TUESDAY, FEBRUARY 25, 2025, 8:00 PM MUNICIPAL CENTER - 200 FIFTH 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 Authorizing the Appointment of a Firefighter in the Village of Pelham Fire Department 9. Public Hearing on Local Law No. 1 of 2025 to Amend the Zoning Ordinance and Zoning Map of the Village of Pelham Entitled “Zoning Map” the Business – 1 Commercial Zoning District 10. Resolution Adopting Local Law No. 1 of 2025 to Amend the Zoning Ordinance and Zoning Map of the Village of Pelham Entitled “Zoning Map” the Business – 1 Commercial Zoning District 11. Resolution Approving Proposed Zoning Map, Zoning Text, Lot Line Adjustment and Site Plan Approval for 64 Lincoln Avenue and 216 Third Avenue 12. Resolution Authorizing the Execution of an Agreement with the Pelham Chamber of Commerce for the Administration of the Westchester County Downtown Improvement Grant 13. Resolution Approving an Amendment to an Approved Site Plan for 139 Fifth Avenue 14. Discussion on Potential Parking Improvements 15. Other Business Recurring Items 16. Authorizing Accounts Payable 17. Authorizing Minutes of: February 11, 2025 Work Session and Regular Meeting 18. Adjournment Next Regularly Scheduled BOT Meetings: Tuesday, March 11, 2025 Tuesday, March 25, 2025 Village Board of Trustees Regular Meeting Tuesday, February 25, 2025 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 Eldahry ☐ ☐ ☐ Village Trustee Howell ☐ ☐ ☐ Village Trustee Mohan ☐ ☐ ☐ Village Trustee Otondi ☐ ☐ ☐ Village Trustee Solomon ☐ ☐ ☐ Village Administrator Scelza ☐ ☐ ☐ Item # 4 - Village Trustees’ Report: Village Trustee Eldahry Village Trustee Howell Village Trustee Mohan 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, February 25, 2025 Item # 7 - Public Comments Village Board of Trustees Regular Meeting Tuesday, February 25, 2025 Non-Recurring Items Item # 8 – Resolution Authorizing the Appointment of a Firefighter in the Village of Pelham Fire Department Whereas, the Westchester County Department of Human Resources has certified to the Village of Pelham a list of eligible candidates for the contingent permanent position of Firefighter; and Whereas, Aiden Reynolds is ranked on the foresaid list of eligilble candidates. Now, therefore, be it resolved, that the Board of Trustees of the Village of Pelham hereby confirms the Mayor’s appointment of Aiden Reynolds of Pelham, New York, to the position of Firefighter (Recruit without EMT) Job Class Code 0106-01 from Westchester County Civil Service Eligible List # 64-991, effective February 25, 2025, at an annual salary of $38,033.00, subject to the requirements of Westchester County Civil Service, the current Village of Pelham Professional Firefighters Association Collective Bargaining Agreement, Village of Pelham Employee Handbook and any other applicable regulations in place and for a probationary period of one (1) year; and Be it further resolved, that the Village Administrator is authorized to take the necessary actions to effect this appointment. Vote Record - Item # 8 – Resolution Authorizing the Appointment of a Firefighter in the Village of Pelham Fire Department Village of Pelham Board of Trustees Regular Meeting Tuesday, February 25, 2025 Yes/Aye No/Nay Abstain Absent ☐Approved Mayor Mullen ☐ ☐ ☐ ☐ ☐Approved as Deputy Mayor Carpenter ☐ ☐ ☐ ☐ Amended Village Trustee Eldahry ☐ ☐ ☐ ☐ ☐Tabled Village Trustee Howell ☐ ☐ ☐ ☐ ☐Withdrawn Village Trustee Mohan ☐ ☐ ☐ ☐ ☐Discussed Village Trustee Otondi ☐ ☐ ☐ ☐ Village Trustee Solomon ☐ ☐ ☐ ☐ Village Board of Trustees Regular Meeting Tuesday, February 25, 2025 Item # 9 – Public Hearing on Local Law No. 1 of 2025 to Amend the Zoning Ordinance and Zoning Map of the Village of Pelham Entitled “Zoning Map” the Business – 1 Commercial Zoning District VILLAGE OF PELHAM NOTICE OF PUBLIC HEARING Scheduling a Public Hearing for Local Law No. 1 of 2025 to Amend Chapter 98 of the Pelham Village Code Entitled “Zoning” Re: Zoning Map and Text Amendment The Board of Trustees of the Village of Pelham hereby schedules a public hearing to be held at 8:00 p.m. on Tuesday, February 25, 2025, on a proposed Local Law that would amend Chapter 98-8 (D) of the Code of the Village of Pelham to extend the Business -1 District to the southwest to include 25’ by 100’. This meeting will be held in-person at 200 Fifth Avenue and 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: *** Join by Video: https://zoom.us/j/98917409392?pwd=U09KN2MxTnJHWEU2Nm9ndWxQSEgwZz09 Join by Telephone: (929) 205-6099 Meeting ID: 989 1740 9392 Passcode: 030699 *** A copy of the proposed Local Law is on file in the offices of the Village Clerk and may be viewed during normal business hours of 9:00 a.m. to 4:30 p.m., or an electronic copy may be obtained from the Village’s website www.pelhamgov.com. By Order of the Mayor and Village Board of Trustees Adriana Rugova, Village Clerk Village Board of Trustees Regular Meeting Tuesday, February 25, 2025 Item # 10 – Resolution Adopting Local Law No. 1 of 2025 to Amend the Zoning Ordinance and Zoning Map of the Village of Pelham Entitled “Zoning Map” the Business – 1 Commercial Zoning District Whereas, the Board of Trustees of the Village of Pelham has proposed a local law to amend the Zoning Ordinance and Zoning Map of the Village of Pelham Entitled “Zoning Map’ the Business – 1 Commercial Zoning District; and Whereas, pursuant to the New York State Environmental Quality Review Act (SEQRA), on June 25, 2024, the Village Board of Trustees received a Short Environmental Assessment Form (EAF), declared itself to be lead agency and identified the proposed action as an Unlisted Action; and Whereas, notice was duly provided to the County of Westchester 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 Board of Trustees of the Village of Pelham determined the Code of the Village of Pelham § 98-141 requires the proposed action be referred to the Planning Board and such referral was made on 2-11-2025; and Whereas, a notice of public hearing was duly advertised in the Journal News, the official newspaper of the Village of Pelham; and Whereas, said public hearing was held on February 25, 2025, at or about 8:00 p.m. online via Zoom and at the Municipal Center and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said to proposed local law or any part thereof. Now, therefore, be it resolved, as follows: 1. The Board of Trustees hereby adopts Local Law No. 1 of 2025 of the Village of Pelham which amends the Zoning Ordinance and Zoning Map of the Village of Pelham; 2. The Board of Trustees directs the Village Clerk to prepare said Law for filing with the Secretary of State. Vote Record - Item # 10 – Resolution Adopting Local Law No. 1 of 2025 to Amend the Zoning Ordinance and Zoning Map of the Village of Pelham Entitled “Zoning Map” the Business – 1 Commercial Zoning District Village of Pelham Board of Trustees Regular Meeting Tuesday, February 25, 2025 Yes/Aye No/Nay Abstain Absent ☐Approved Mayor Mullen ☐ ☐ ☐ ☐ ☐Approved as Deputy Mayor Carpenter ☐ ☐ ☐ ☐ Amended Village Trustee Eldahry ☐ ☐ ☐ ☐ ☐Tabled Village Trustee Howell ☐ ☐ ☐ ☐ ☐Withdrawn Village Trustee Mohan ☐ ☐ ☐ ☐ ☐Discussed Village Trustee Otondi ☐ ☐ ☐ ☐ Village Trustee Solomon ☐ ☐ ☐ ☐ Village Board of Trustees Regular Meeting Tuesday, February 25, 2025 Item # 11 – Resolution Approving Proposed Zoning Map, Zoning Text, Lot Line Adjustment and Site Plan Approval for 64 Lincoln Avenue and 216 Third Avenue Pelham Funeral Home, c/o Clive J. Anderson Realty LLC. 64 Lincoln Avenue and 216 Third Avenue Town of Pelham Tax Map: Block 1, Lots 5 & 6, Section 163.28 Whereas, the Village Board of Trustees has found and determined that encouraging property owners to use property more efficiently to reinvigorate the Village's downtown area 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 developing within the Village's downtown core will preserve, complement and be compatible with the character, massing, and scale of adjacent residential land uses; and Whereas, Pelham Funeral Home c/o Clive J. Anderson Realty LLC (the “Applicant”) has applied to develop the property known as 64 Lincoln Avenue and 216 Third Avenue in accordance with those requirements and standards; and Whereas, the Applicant has represented to the Village Board of Trustees that it is the lawful owner or contract vendee of 64 Lincoln Avenue and 216 Third Avenue; and Whereas, the application comprises two tax parcels, Parcel 163.28. Lots 5 & 6 which are located in the Business-1 and Residence A-3 Zoning District, respectively; and Whereas, the Applicant has petitioned for a Zoning Map and Zoning Text Change, a Lot Line Adjustment, and Site Plan Approval for a new parking lot and two new garages; and Whereas, Village Code § 98 authorizes the Village Board of Trustees to modify, a Zoning Map, Zoning Ordinance, and adjust a lot line in the manner provided by Article 7 of the New York State Village Law; and Whereas, in furtherance of its application, the Applicant has submitted to the Building Inspector a Declaration of Intent to Develop accompanied by the requisite documents, information and fees; and Whereas, the Applicant has further submitted a proposed site plan prepared by Mastrogiacomo Engineering, P.C., dated 10-01-2023 and last revised 01-20-2025 satisfying the requirements of Village Code Chapter 79, showing a proposed development and use of the 64 Lincoln Avenue and 216 Third Avenue property; and Whereas, the Applicant petitioned the Village Board of Trustees to amend the Zoning Map to extend the Business-1 (Bus-1) Commercial Zoning District 25’ to the south; and Whereas, the Applicant petitioned the Village Board of Trustees to amend Section 98-8 of the Village of Pelham Zoning Ordinance and adopt: “Section 98-8 D. The Business-1 District as shown on the Zoning Map of the Village of Pelham, dated June 2, 1987 is hereby extended to include 25’ of the property to the south (formerly zoned as Residence A-3) and as further identified as Section 163.28-1-5 & 6 on the Town of Pelham Tax Map.“; and Whereas, Mastrogiacomo Engineering, P.C. submitted the following documents and plans in support of the application: Village Board of Trustees Regular Meeting Tuesday, February 25, 2025 • Site Plan Application and Intent to Develop Form, undated; • Short Environmental Assessment Form dated 12-11-2023 and last revised 01-24- 2025; • T100 – Title Sheet, Vicinity Map and WEB Soil Survey prepared by Mastrogiacomo Engineering for Clive J Anderson LLC – dated 10-01-2023; • Proposed site plan and zoning analysis table, prepared by Mastrogiacomo Engineering for Clive J. Anderson LLC – undated; • C100 – Proposed Site Plan, prepared by Mastrogiacomo Engineering for Clive J. Anderson LLC – 10-01-2023; Whereas, Clive J. Anderson Realty LLC provided notice of its application to all property owners contiguous to the applicant’s property as required; and Whereas, a notice was duly provided to the County of Westchester 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 Westchester County Planning Board responded to the referral on 02-03-2025 stating that any disturbance to Lincoln Avenue, a County Road (CR 84), may require a permit from Westchester County Department of Public Works and Transportation, and recommended the applicant explore at-grade stormwater management solutions, such as using pervious paving for parking areas; 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 such referral was made on 06-11- 2024 and then again on 01-28-2025; and Whereas, the Applicant subsequently submitted the application to the Planning Board for the purpose of obtaining their recommendations with respect to the application in accordance with Village Code § 79-6A; and Whereas, the Planning Board reviewed the application at their 07-16-2024 meeting, and then on 02- 18-2025 submitted to the Village Board of Trustees a Resolution recommending approval with conditions presented below; and Whereas, on February 25, 2025, the Village Board of Trustees held a Public Hearing with respect to the application; and Whereas, pursuant to the New York State Environmental Quality Review Act (SEQRA), the Board of Trustees received a Short Environmental Assessment Form (EAF) on 12-11-2023 and revised 01-24- 2025, 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 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 and Subdivision review established by Village Code § 98-135.1. Village Board of Trustees Regular Meeting Tuesday, February 25, 2025 Now, therefore, be it resolved, that after considering the documents submitted by the applicant, as recited above, the recommendation from the Planning Board and the comments heard at the Public Hearing, the Village 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 the Village Code; and C. The Site Plan approval is based on the following drawings that have been submitted by Applicant (collectively, the “Drawings”): • Site Plan Application and Intent to Develop Form, undated; • Short Environmental Assessment Form dated 12-11-2023 and last revised 01-24- 2025; • T100 – Title Sheet, Vicinity Map and WEB Soil Survey prepared by Mastrogiacomo Engineering for Clive J Anderson LLC – dated 10-01-2023; • Proposed site plan and zoning analysis table, prepared by Mastrogiacomo Engineering for Clive J. Anderson LLC – undated; • C100 – Proposed Site Plan, prepared by Mastrogiacomo Engineering for Clive J. Anderson LLC – 10-01- 2023. D. In addition to the drawings identified in C. above, the application of Pelham Funeral Home c/o Clive J. Anderson Realty is approved 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 submit to the Building Inspector a comprehensive stormwater drainage plan covering the lots located at 64 Lincoln Avenue (SBL.163.28-1-5) and 216 Third Avenue (SBL. 163.28-1-6) that incorporates to the maximum extent possible stormwater solutions that treat runoff on-site such as pervious paving for parking areas or installing vegetative rain gardens. 2. Obtain from Westchester County Department of Public works and Transportation (Section 239 F of the General Municipal Law) the approvals and/or permits for any proposed disturbance or improvements to Lincoln Avenue. E. Prior to the issuance of a Building Permit a complete and final plan set shall be provided to the Building Inspector consistent with all of the above conditions; and F. This 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 Zoning Amendment, Lot Line Adjustment and 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 Board of Trustees extends, by Resolution, the time within which to do so; and Be it further resolved, that in accordance with Village Code §34-9, a Building Permit shall become invalid unless the authorized work commences within six months following the date of issuance and shall Village Board of Trustees Regular Meeting Tuesday, February 25, 2025 expire 12 months after the date of issuance, unless an application is made to the Building Inspector to renew per § 34-9. Vote Record - Item # 11 – Resolution Approving Proposed Zoning Map, Zoning Text, Lot Line Adjustment and Site Plan Approval for 64 Lincoln Avenue and 216 Third Avenue Village of Pelham Board of Trustees Regular Meeting Tuesday, February 25, 2025 Yes/Aye No/Nay Abstain Absent ☐Approved Mayor Mullen ☐ ☐ ☐ ☐ ☐Approved as Deputy Mayor Carpenter ☐ ☐ ☐ ☐ Amended Village Trustee Eldahry ☐ ☐ ☐ ☐ ☐Tabled Village Trustee Howell ☐ ☐ ☐ ☐ ☐Withdrawn Village Trustee Mohan ☐ ☐ ☐ ☐ ☐Discussed Village Trustee Otondi ☐ ☐ ☐ ☐ Village Trustee Solomon ☐ ☐ ☐ ☐ Village Board of Trustees Regular Meeting Tuesday, February 25, 2025 Item # 12 – Resolution Authorizing the Execution of an Agreement with the Pelham Chamber of Commerce for the Administration of the Westchester County Downtown Improvement Grant Whereas, the Village of Pelham (“Village”) is a recipient of a Westchester County Downtown Improvement Grant (“DIG”); and Whereas, the Village received DIG funds for the work described in the Downtown Beautification of Private Property Project Application; and Whereas, the Village and the Pelham Chamber of Commerce desire to enter into an Agreement where the Pelham Chamber of Commerce will administer a program for private property owners and local businesses to perform the work; and Whereas, the Agreement sets out the basis on which the Pelham Chamber of Commerce will do that work and the Village will make such disbursements to approved Storefront Grant Application recipients. Now, therefore, be it resolved, that the Board of Trustees of the Village of Pelham herein authorizes the Village Administrator to execute the attached Agreement Regarding Chamber of Commerce Funding between the Village of Pelham and the Pelham Chamber of Commerce. Vote Record - Item # 12 – Resolution Authorizing the Execution of an Agreement with the Pelham Chamber of Commerce for the Administration of the Westchester County Downtown Improvement Grant Village of Pelham Board of Trustees Regular Meeting Tuesday, February 25, 2025 Yes/Aye No/Nay Abstain Absent ☐Approved Mayor Mullen ☐ ☐ ☐ ☐ ☐Approved as Deputy Mayor Carpenter ☐ ☐ ☐ ☐ Amended Village Trustee Eldahry ☐ ☐ ☐ ☐ ☐Tabled Village Trustee Howell ☐ ☐ ☐ ☐ ☐Withdrawn Village Trustee Mohan ☐ ☐ ☐ ☐ ☐Discussed Village Trustee Otondi ☐ ☐ ☐ ☐ Village Trustee Solomon ☐ ☐ ☐ ☐ Village Board of Trustees Regular Meeting Tuesday, February 25, 2025 Item # 13 - Resolution Approving an Amendment to an Approved Site Plan for 139 Fifth Avenue Whereas, in accordance with Chapter 79 of the Code of the Village of Pelham, the Village Board of Trustees has found and determines it to be desirable to encourage property owners to improve property with environmentally sustainable uses and green infrastructure; and Whereas, the 139 Fifth Avenue property consists of two tax parcels. One fronts on Fifth Avenue and is zoned Business-2, and the second parcel fronts on Fourth Avenue and is zoned Residence M; and Whereas, on February 11, 2020, the Village Board of Trustees granted Pelham RE Partners, LLC (the “applicant”), site plan approval for a mixed-use development at 139 Fifth Avenue (the “Project”) that complied with Village Code § 98-106.3 and met the requirements for the Business District Floating Zone (“BDFZ”); and Whereas, on February 13, 2024, the Village Board of Trustees granted approval to amend the approved Site Plan to include solar canopy (see “Site Plan A07, prepared by Gallin Beeler Design Studio”), and Whereas, the originally approved Site Plan included 1,400 square feet of ground floor commercial space and non-rentable ground floor space for a community use; and Whereas, the applicant requests that approximately 920 square feet out of the 1,400 square feet of ground floor space be modified to permit a counter food restaurant; and Whereas, the Site Plan is allocating five (5) parking spaces (existing) as required in 98-114 for a restaurant use (five parking spaces plus one space for each 100 square feet of space available to patrons over the first 1,000 square feet; and for each 200 sf of floor area available to patrons); and Whereas, the applicant is requesting that 363 square feet of the ground floor space be permitted to be used for back-of-house office space – a use that will not increase a demand for parking; and Whereas, the approximate allocation of space is requested to be as follows: Occupancy Kitchen 328 sf 200sf/person 2 persons Seating 465 sf 15sf/person 31 persons Waiting 185sf 5sf/person 37 persons Office 363sf 100sf/person 3 persons Total 73 persons Whereas, the applicant has represented to the Village Board of Trustees that it is the lawful owner or contract vendee of the 139 Fifth Avenue property; and Village Board of Trustees Regular Meeting Tuesday, February 25, 2025 Whereas, Pelham RE Partners LLC has submitted the following documents and plans in support of the subject application: • Existing Reference Plan – Main Level, prepared by Gallin Beeler Design Studio, dated January 28, 2025. • Proposed Schematic Layout - Main Level Plan for a counter food restaurant prepared by Gallin Beeler Design Studio, dated January 28, 2025; • Precedent Images for 139 5th Avenue, prepared by Gallin Beeler Design Studio and dated October 28, 2024. Whereas, Pelham RE Partners LLC submitted the fees required in accordance with the schedule of fees for the Village of Pelham; and Whereas, the Village Board of Trustees considered the action as defined in 6 NYCRR §§617.2(b) and 617.3(g) with respect to the NYS Environmentally Quality Review Act (SEQRA) and found the proposed site plan modification to be consistent with the environmental determination made on 2-11- 2020 of no significant impact. Now, therefore be it resolved, that after considering the documents submitted by the applicant, as recited above, the Board of Trustees of the Village of Pelham finds and determines as follows: A. The modification to the approved Site Plan is granted pursuant to this resolution and shall be conditioned on the proposed project being installed/constructed in accordance with the drawings listed above. B. The approval is limited to the proposed reallocation of the 1,400 square foot ground floor space at 139 Fifth Avenue only; C. This modification to an approved site plan 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 of the terms 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 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 Village 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 plan 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 Village Board of Trustees extends, by resolution, the time within which to do so. Vote Record - Item # 13 – Resolution Approving an Amendment to an Approved Site Plan for 139 Fifth Avenue Village of Pelham Board of Trustees Regular Meeting Tuesday, February 25, 2025 Yes/Aye No/Nay Abstain Absent ☐Approved Mayor Mullen ☐ ☐ ☐ ☐ ☐Approved as Deputy Mayor Carpenter ☐ ☐ ☐ ☐ Amended Village Trustee Eldahry ☐ ☐ ☐ ☐ ☐Tabled Village Trustee Howell ☐ ☐ ☐ ☐ ☐Withdrawn Village Trustee Mohan ☐ ☐ ☐ ☐ ☐Discussed Village Trustee Otondi ☐ ☐ ☐ ☐ Village Trustee Solomon ☐ ☐ ☐ ☐ Village Board of Trustees Regular Meeting Tuesday, February 25, 2025 Item # 14 – Discussion on Potential Parking Improvements Village Board of Trustees Regular Meeting Tuesday, February 25, 2025 Item # 15 – Other Business Village Board of Trustees Regular Meeting Tuesday, February 25, 2025 Recurring Items Item # 16 - Authorizing Accounts Payable Village Trustee Mohan 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/Treasurer and Deputy Village Treasurer: Fund Name: Amount General Fund (A) $ 328,770.18 Capital Projects Fund (H) $ 685,096.98 Trust & Agency (T) $ 0.00 Private Purpose Trust Fund (TE) $ 0.00 Grand Total $1,013,867.17 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 # 16 – Resolution Authorizing Accounts Payable Village of Pelham Board of Trustees Regular Meeting Tuesday, February 25, 2025 Yes/Aye No/Nay Abstain Absent ☐Approved Mayor Mullen ☐ ☐ ☐ ☐ ☐Approved as Deputy Mayor Carpenter ☐ ☐ ☐ ☐ Amended Village Trustee Eldahry ☐ ☐ ☐ ☐ ☐Tabled Village Trustee Howell ☐ ☐ ☐ ☐ ☐Withdrawn Village Trustee Mohan ☐ ☐ ☐ ☐ ☐Discussed Village Trustee Otondi ☐ ☐ ☐ ☐ Village Trustee Solomon ☐ ☐ ☐ ☐ Village Board of Trustees Regular Meeting Tuesday, February 25, 2025 Item # 17 - Authorizing Minutes of: February 11, 2025 Work Session and Regular Meeting Vote Record - Item # 17 – Resolution Authorizing the Minutes of February 11, 2025 Work Session and Regular Meeting Village of Pelham Board of Trustees Regular Meeting Tuesday, February 25, 2025 Yes/Aye No/Nay Abstain Absent ☐Approved Mayor Mullen ☐ ☐ ☐ ☐ ☐Approved as Deputy Mayor Carpenter ☐ ☐ ☐ ☐ Amended Village Trustee Eldahry ☐ ☐ ☐ ☐ ☐Tabled Village Trustee Howell ☐ ☐ ☐ ☐ ☐Withdrawn Village Trustee Mohan ☐ ☐ ☐ ☐ ☐Discussed Village Trustee Otondi ☐ ☐ ☐ ☐ Village Trustee Solomon ☐ ☐ ☐ ☐ Item # 18 - Adjournment

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