Board of Trustees

INCORPORATED VILLAGE OF PIERMONT BOARD OF TRUSTEES MEETING March 08, 2023 Present: Mayor Bruce Tucker, Trustee Rob Burns, Trustee Nate Mitchell, Trustee Michael Wright, Lino Sciarretta, Esq. -Village Attorney and Jennifer DeYorgi Maher Village Clerk- Treasurer. Deputy Mayor Mark Blomquist was not present. Mayor Bruce Tucker called the meeting to order and lead everyone in the Pledge of Allegiance. Item #1. Approval of Meeting Minutes Trustee Mitchell made a motion to approve the minutes for February 21, 2023. The motion was seconded by Trustee Wright and so carried with a vote of 4 ayes, 0 nays. Item #2. Approval of Warrant Mayor Tucker made a motion to approve Warrant #030823 in the amount of $161,274.02. The motion was seconded by Trustee Burns and so carried with a vote of 4 ayes and 0 nays. Item #3. Department Reports Department of Public Works - Highway Superintendent Tom Temple was not present. Police Department – Chief Hurley informed the Board for the month of February there were 136 summonses issued, 323 calls for service, 46 were in Grand View the remaining 277 were in Piermont. The Piermont Police did a DOT inspection on 9W, ten tickets were issued, four trucks were placed out of service. Chief Hurley stated he had a meeting with the DOT and Town of Orangetown officials regarding trucks on 9W. The DOT stated they will schedule a sign study and will revisit once the study is completed. Building Department - Building Inspector Charles Schaub was not present. Parks Department – Dan Sherman was not present. Fire Department – Chief Sam Kropp was not present. Item #4. - Old Business Village Clerk-Treasurer had no old business to discuss. Mayor Tucker had no old business to discuss. Trustee Burns had no old business to discuss. Trustee Mitchell had no old business to discuss. Trustee Wright had no old business to discuss. Item# 5. New Business Village Clerk-Treasurer stated the board needs to approve a resolution for the intermunicipal Agreement from Rockland County with the Village of Piermont for the Piermont Police Department to receive reimbursement from the Criminal Justice Grant. Village of Piermont Board of Trustee Minutes March 08, 2023 Page 2 of 6 Trustee Burns made a motion to approve a resolution for the intermunicipal Agreement from Rockland County with the Village of Piermont for the Piermont Police Department to receive reimbursement from the Criminal Justice Grant. The motion was seconded by Trustee Mitchell and so carried with a vote of 4 ayes and 0 nays. Village Clerk Treasurer-Treasurer Katie Stoeckeler from Peace in Piermont requested to use Parelli Park for outdoor yoga classes beginning the week of May 15, 2023. Tentative schedule below: Saturdays 9am – 12pm (3 classes) Wednesday 4:30pm – 7:30pm (2 classes) Thursday 4:30pm- 7:30pm (2 classes) Trustee Mitchell stated there was an issue using a public park and the Village of Piermont receiving a fee for profit, he suggested the yoga classes be held at the Community Center. Village Attorney Sciarretta stated he will research legally if the classes can be held at the Community Center / Parelli Park for profit. Item moved to next Village Board Meeting on Wednesday March 22, 2023 Mayor Tucker stated for DASNY to accept the Negative Declaration for the Erie Path the Village of Piermont will need to put the request on Village letterhead. Mayor Tucker informed the board he received an email from Laurie Seeman stating Legislator Harriot Cornell is presenting a resolution against the dumping of one million gallons of radioactive wastewater into the Hudson River by Holtec Decommissioning Company who are the new owners of the old Indian Point. Trustee Burns made a motion to accept a Resolution for the DASNY negative Declaration for the Erie path request from the Village of Piermont to be put on the Village of Piermont letterhead. The motion was seconded by Trustee Mitchell and so carried with a vote of 4 ayes and 0 nays. Mayor Tucker made a motion to accept a Resolution opposing the dumping of one million gallons of radioactive wastewater into the Hudson River by Holtec Decommissioning Company. the old Indian Point. The motion was seconded by Trustee Burns and so carried with a vote of 4 ayes and 0 nays. Trustee Burns had no new business to discuss. Trustee Mitchell had no new business to discuss. Trustee Wright had no new business to discuss. Item #6. 7:00pm Public Hearing – Amend Chapter 210 (Zoning) to create a new zoning district, the central business multi-use (CBM) District, in the Village of Piermont Village Attorney Sciarretta stated the new Downtown Zoning District started around two years ago because of a petition by an applicant. After reviewing the Zoning for the downtown district, it was noted the code did not take into account the existing downtown. After review of the downtown zoning district by Planner Mr. Max Stach associate of Nelson Pope Voorhis it was discovered, the Village had districts that had two different zone districts. Mr. Max Stach presented maps of the potential new zoning district to the Board. He stated the zoning petition originated by a private party who wanted to build a multifamily. When the petition was reviewed it was clear there wasn’t an established quality in the downtown (Zoned Business B) that allows for apartments over stores/restaurants including multifamily residential buildings. He stated the zoning that was regulating the area did not match. Mr. Max Stach stated when reviewing the area he looked at the downtown zone lines to make sure it worked with the D Village of Piermont Board of Trustee Minutes March 08, 2023 Page 3 of 6 Downtown quality. On the east side of Piermont Avenue and south of Tate Avenue he was instructed to remove 3 homes and remove the lots north of the intersection of Kinney Street which is now the northern boundary of the Zone. Currently Business B ends two thirds the way between Ash Street and Kinney Street, the recommendation is to go all the way to Kinney Street. Mr. Max Stach stated that Trustee Mitchell questioned the lots south of Gair Street. He stated those lots were included in the new CDM District because they were built to the sidewalk. Trustee Burns asked about the triangular area on the map, Mr. Max Stach stated his recommendation is to rezone that area (it was a mapping area). Mayor Tucker asked if the section highlighted in red would be included in the CDM, Mr. Max Stach confirmed yes. The Map was put on the projector, Mr. Max Stach reviewed the Map with the Board and all who attended the meeting. Trustee Mitchell stated certain properties that are still included in the district when viewing the map, are misleading because it doesn’t show the depth of the information at the 100-year flood. The properties east of Piermont Avenue and South of Gair Street first floor are an entire level down from street level, they flood with the same intensity as the properties highlighted in blue or purple, they are at the same base elevation. Mr. Max Stach reviewed the map he presented with the Village Board, adding there is no distinction in the building code between ceilers and basements. Trustee Burns made a motion to open the Public Hearing Amend Chapter 210 (Zoning) to create a new zoning district, the central business multi-use (CBM) District, in the Village of Piermont 7:30pm. The motion was seconded by Trustee Mitchell and so carried with a vote of 4 ayes and 0 nays. Public Comment Valentina Tarasenko-Nyack: Stated she would like the Board to consider changing the boundary line in Business B District to include the vacant land she owns (R-10) at 17 Tate Avenue. Valentina Tarasenko stated she has been trying to sell the property but has had no success because the home is not a multi-family home. Building Inspector Charles Schaub stated there are many factors to consider. Mayor Tucker stated the property should be looked at before any decision could be made. Mr. Max Stack stated he is willing to visit the property to do a yield analysis, but Valentia Tarasenko would incur the cost. Mr. Max Stack stated if she would like to explore further Valentia could petition the board to add the parcel at a later time. Trustee Mitchell stated Valentia could send a petition for a Zone Change which would be sent to planning and reviewed. Village Attorney Sciarretta stated Valentina would need to file the Petition with the Clerk’s office to move the Zone Lines of her property. Valentina will meet with Building inspector Charles Schaub to review all necessary details of her property and the proper steps to petition the Village Board. Mr. Lee Lefkowitz of Zarin & Steinmetz: Representing 447-477 Piermont Avenue stated he supports the rezoning in the Business District, he would like to make sure the property he’s representing is included in the zone change. Mr. Max Stach stated the property was omitted by mistake and should be as in previous maps. Mr. Lee Lefkowitz stated Mr. Max Stach proposed the unit range to be 14-18-units, Mr. Lee Lefkowitz proposes 18 units. He asked the Village Board to allow Mr. Max Stach to attach a negative declaration to his proposal and for the Board to adopt and prepare a resolution to adopt the rezoning. Mayor Tucker asked if the Village adopts the property with a yield of 14 units could they go to a variance? Village Attorney Sciarretta stated it would be difficult, when you have a zoning text amendment it’s hard for an applicant to get a variance that was just enacted. Mr. Max Stach Stated the difference between 14-18 units is not a big difference. Village Attorney Sciarretta stated whatever density the Board chooses should be in the context of the legislation. Trustee Burns stated if we raise the density, it’s not only for one property it will be for all properties in that area. Dan Spitzer – Planning Board Chair stated the Planning Board spent considerable time talking to the planner to discuss the process. If the board of Trustees changes the density number it’s not for one property it’s for the entire downtown area. He feels that it is critical for the Board to understand over time it could the character of the downtown area. Mr. Lee Lefkowitz stated the Village of Piermont Board of Trustee Minutes March 08, 2023 Page 4 of 6 if his client’s request is approved it will help to make more affordable housing in Piermont. Village Attorney Sciarretta stated whatever density the Board chooses should be in the context of the legislation. Trustee Burns stated if we raise the density, it’s not only for one property it will be for all properties in that area. Trustee Burns made a motion to close Public Hearing Amend Chapter 210 (Zoning) to create a new zoning district, the central business multi-use (CBM) District, in the Village of Piermont at 7:07pm. The motion was seconded by Trustee Wright and so carried with a vote of 4 ayes and 0 nays. Trustee Burns made a motion to accept the Negative Declaration SEQRA to Amend Chapter 210 (Zoning) to create a new zoning district, the central business multi-use (CBM) District, in the Village of Piermont. The motion was seconded by Trustee Mitchell and so carried with a vote of 4 ayes and 0 nays. Trustee Mitchell asked if the Village could stipulate adjusting the map to not include the four parcels south of Piermont Avenue. Mayor Tucker stated they have not flooded since Tropical Storm Sandy. Trustee Mitchell stated the first floor in the backside of the buildings (Reillys Public House) is a similar elevation to Ohio Street. Trustee Mitchell stated south of Reillys Public House is a residence that is above ground but below ground the level of Piermont Avenue, they don’t have a basement but there is water in the yard. Mayor Tucker stated if someone wants to build in a flood zone it is their risk. Trustee Mitchell stated when the LWRP was revised it was to include language that would discourage development in areas that were at risk of flooding, increasing the density in his opinion would encourage development in those areas. Mayor Tucker suggested leaving Reilly’s Public House and Cappadocia Restaurant on the map. Mr. Max Stach stated any parties who want to build on the east side of the larger dotted line must build first floor elevation including property 447-477. Mr. Max Stach confirmed the two Southern buildings, the ones that don’t have existing businesses will be moving to 7.5 on the map the two in business B and have the business will be in CDM. Trustee Mitchell made the motion to accept the draft legislation with the stipulation that the map remove the two residential properties. The motion was seconded by Trustee Burns and so carried with a vote of 4 ayes and 0 nays. Item #7. Review Special Event applications from the Piermont Chamber of Commerce and the Piermont Civic Association Village Clerk Treasure reviewed the Special Event dates the Piermont Chamber of Commerce requested and the Civic Association. Chamber of Commerce June 10, 2023 – Piermont Celebrates Hudson Valley Arts July 15, 2023 – Bastille Day October 21, 2023 – Oktoberfest Piermont Civic Association Bob Samuels Summer Concert Series – June 15th, June 29th, July 13th, July 27th, August 10th, 2023. (Rain dates June 22nd, July 6th, July 20th, August 3rd, August 17th, 2023). Square Dance TBD Scarecrow Contest – October 19th or October 26th, 2023 (Rain dates October 20th or October 27th, 2023) Holiday Festival/Tree Lighting / PCA Smores / Firepit Party – December 2023 TBD Easter Bunny Egg Hunt-March 16, 2023 (Rain date March 17, 2023) Village of Piermont Board of Trustee Minutes March 08, 2023 Page 5 of 6 Mayor Tucker made a motion to approve the Special Event requests from the Chamber of Commerce. The motion was seconded by Trustee Burns and so carried with a vote of 4 ayes and 0 nays. Trustee Burns made a motion to approve the Special Event requests from the Piermont Civic Association. The motion was seconded by Trustee Mitchell and so carried with a vote of 4 ayes and 0 nays. Item #8. Request from Piermont Volunteer Firefighters and EMT personnel to send a letter to the Town of Orangetown on their behalf so they may be included in the Tax Exemption for the Town of Orangetown Mayor Tucker read the names of the Firefighters who are eligible for the Tax Exemption for the Town of Orangetown: James Alise Sam Kropp Mark Blomquist Santina Stevenson Frank Bockowski Scott Silva Bill Cavanaugh Christopher Sanders Phil Esnard Tom Temple Kevin Fagan Kyle Weiss Daniel Goswick Sr. Lawrence Temple Hope Goswick Joan Chadwick Donald Hardy Jane Nicoll William Hickey Trustee Burns made a motion to approve request from Piermont Volunteer Firefighters and EMT personnel to send a letter to the Town of Orangetown on their behalf so they may be included in the Tax Exemption for the Town of Orangetown The motion was seconded by Trustee Mitchell and so carried with a vote of 4 ayes and 0 nays. Item #9. Public comment Thomas Hughes – 369 Ferdon Avenue: Asked if the Village could use the electronic sign to notify residents not to put yard debris into the creek and river. He stated some residents, and some landscapers blow debris into the river. Mayor Tucker Stated he will talk to the Superintendent of the DPW Tom Temple about possible using the electronic sign. Margaret Grace – 22 Stevenson Street: Thanked the board for maintaining the density of the Downtown. Item #10. Executive Session to discuss personnel matter Trustee Burns made a motion to enter Executive Session at 8:23pm. The motion was seconded by Trustee Mitchell and so carried with a vote of 4 ayes and 0 nays. Trustee Burns made a motion to close Executive Session at 8:45pm. The motion was seconded by Trustee Mitchell and so carried with a vote of 4 ayes and 0 nays. No action taken. Village of Piermont Board of Trustee Minutes March 08, 2023 Page 6 of 6 Item #11 Adjournment Trustee Burns made a motion at 8:45pm to adjourn. The motion was seconded by Trustee Wright and so carried with a vote of 4 ayes and 0 nays. Respectfully submitted, Jennifer DeYorgi Maher Clerk-Treasurer