Archive for the ‘Meeting Minutes’ Category

September 23, 2014

INCORPORATED VILLAGE OF PIERMONT

BOARD OF TRUSTEES MEETING

September 23, 2014

 

Present:  Mayor Christopher Sanders, Deputy Mayor Mark Blomquist, Trustee Lisa DeFeciani, Trustee John Gallucci  Jr.,  Trustee Steven Silverberg, Walter Sevastian, Esq.-Village Attorney, Stephanie Tassello- Clerk- Treasurer

 

Mayor Sanders called the meeting to order, and led the Pledge of Allegiance.

 

Public Comment

 

Carol Cameron advised the board of several parking medians in the North parking lot needing pruning, she asked the board who is responsible for maintaining the medians.  She suggested engaging volunteers to maintain the medians.

 

Trustee DeFeciani explained she previously discussed the median clean-up with Dan Sherman; it is hard to maintain those medians while cars are parked right next to it.

 

Carol Cameron suggested placing fabric weed barrier and putting down river rock, to keep the weeds from growing.

 

DPW Superintendant Tom Temple felt putting river rock would be the most efficient and inexpensive to maintain those areas.

 

Mayor Sanders directed DPW Superintendent Tom Temple to meet with Dan Sherman to discuss possible options.

 

Approval of Minutes

 

Trustee Gallucci Jr. moved to approve the minutes from the September 2, 2014 meeting of the Board of Trustees.  Trustee DeFeciani seconded the motion, which carried by a vote 5 ayes -0 nays.

 

Department Reports

 

DPW

DPW Superintendent Tom Temple turned in his monthly report and reported the last bulk pick up will be on October 7, 2014; however, a resident can contact the DPW Department to schedule another pickup.  He also reported they have started minor repairs to the façade of the Village Hall, and have begun restoration on the Greenway Trail.

 

Mayor Sanders asked Tom Temple the condition of the tree lights along Piermont Ave  and the status of the Town of Orangetown project at Eleanor Stroud Pond. .  Tom Temple replied he has not checked all of the tree lights but the ones he has checked are in good condition, and reported he will follow up on the progress of the Eleanor Stroud Pond project.

 

POLICE

Chief O’Shea submitted his monthly report. He notified the board that the Piermont Police Department was approved to receive a grant. He also advised the board of a telephone scam occurring in the Village.  He explained the phone calls are coming from the Dominican Republic and urged residents to contact the Police Department if they receive any of these calls.  Chief O’Shea also advised the Board that the Pier will be closed to vehicular traffic this Saturday for the Fire Department “Wet-Down”.

 

 

Fire Dept.

Chief Cavanaugh – absent

 

Building Dept.

Building Inspector Charles Schaub- absent

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Amend date of Public Hearing for Scott Morrissey of Piermont Pizza to allow expansion of the restaurant use and add music

 

The Village Clerk advised the board that the applicant was scheduled to appear before the Planning Board, but missed the meeting date.  The next possible date he can appear before the Planning Board is October 6th and the Village Board Meeting is scheduled for October 7th,which would not allow sufficient time for the Planning Board to render an opinion.

 

Trustee Silverberg moved to amend the scheduled public hearing to October 21, 2014 at 7:45pm.  Trustee Gallucci Jr. seconded the motion which carried by vote 5 ayes -0 nays.

 

Discussion was held regarding the agenda item for Hugh Artrip to have amplified music.   Mayor Sanders questioned Village Attorney Walter Sevastian as to why the board would hear this application.  The Village Attorney said that is a very good question because you can have amplified music at your home until 11 o’clock p.m.

 

Continuation on Resolution to amend Special Permit for Pier 701 for an extension to allow additional seating.

 

Mayor Sanders recalled that, at the last meeting, the Board had not received correct, complete drawings.  Village Attorney Walter Sevastian said that the Building Inspector must verify the numbers that were inserted into the resolution and after reviewing the current drawings he feels that more detailed drawings still need to be submitted. Mr. Sevastian also stated that the Board needs the owners to sign off on the plans.

 

Trustee Silverberg remarked there is an entrance off Piermont Avenue on the plans but it did not indicate access to be back row of parking spaces.   Trustee Silverberg reviewed the parking plan and questioned the details of the plan and remarked that it is not shown to scale. The plan shows a bunch of parking spots that cannot be accessed without driving over other parking spots.  Trustee Silverberg said that the Board needs plans that show how this is going to work and the plans need to be submitted well before the night of the meeting so they can be reviewed by the appropriate people.

 

Trustee DeFeciani asked if the Building Inspector had reviewed the parking plan.

 

Trustee Silverberg directed Mr. Whitton to submit another parking plan true to scale., further, Trustee Silverberg would like a memo from the Building Inspector indicating if the plan meets the requirements.  Mr. Whitton must submit these documents on October 2 and tabled this application to the Village Board Meeting October 7th, 2014.

 

Mayor moved up agenda item 10

Schedule a public hearing amending Section 143-6 of Village Code of Piermont entitled “Traffic” Local Law #5 of 2014

 

Trustee Blomquist moved to schedule a public hearing for the proposed Local Law #5 of 2014 to amend section 143-6 of the Code of the Village of Piermont entitled “Traffic” on October 7, 2014 at 8:00pm.  Trustee DeFeciani seconded the motion which carried by vote of 5 ayes and 0 nays.

 

Public Hearing (8:00) pm Special Permit for Kathleen Puder to convert single family dwelling to two family dwelling

 

Village Attorney Walter Sevastian gave the Board a brief background on the right of a resident to apply to the Village Board to convert a single family dwelling to a two family dwelling.

Village Attorney Sevastian stated that this was an application seeking approval under Chapter 149 of the Village Code for conversion of a Single Family Dwelling to a Two Family Dwelling. Chapter 149 requires a Public Hearing for considering this special permit application. The Village Attorney prepared a resolution for the Board. The Planning Board, Zoning Board, and Building and Fire Inspectors all recommended the approval of this application. The Planning

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and Zoning board’s recommendation included a condition that if there is a change in ownership, the allowed conversion would be void, and it would also need to be renewed annually.

 

Trustee Silverberg made a motion to open the Public Hearing for converting a one family dwelling to a two family dwelling.  Trustee DeFeciani seconded the motion and was carried with a vote of 5 ayes- 0 nays.  The Public Hearing was opened.

 

Mayor Sanders explained at the previous board meeting several questions were raised regarding this request.  The applicant was referred to the other boards for an advisory opinion and for clarification of the previously issued certificates of occupancy as a single family and a two family.  He questioned is this an extent use of an accessory structure.  Village Attorney Walter Sevastian explained the building inspector sent this application to the Village Board as a special permit.  It was referred to the other boards as an advisory opinion on a special permit application to convert a single family dwelling to a two family dwelling.

 

Daniel Spitzer, Chair of the planning board, also a resident of Piermont explained when the applicant came before the planning board they had approved a Special Permit for One Certificate of Occupancy that states the house is a single-family residence and the accessory structure shall be used as a residence by issuance of  a Special Permit for the current deeded owners and shall terminate upon transfer of ownership additionally it was not deemed necessary for the applicant to have to appear before the Village Board annually to renew the special permit.

 

Village Attorney Walter Sevastian explained the special permit is renewed annually by the Building Inspector without the requirement to appear before the Village Board.

 

Anne Putko, an abutting neighbor to the applicant, commented she is concerned because the accessory structure borders her property and questioned if the special permit would allow the footprint of this structure to change.  She believes any changes to the footprint of the structure would affect the value of her property, and reduce her quality of life.  She explained she would not have any objections if the main residence changed to a two family.

 

Mayor Sanders addressed Ms. Putko explaining this application does not request expanding the footprint of structure; it is a request to convert the existing structure from a single family to a two family.

 

Anne Putko explained she is also concerned with approving this application would enable the applicant to expand at a later date, she explained she has no problems for the past 18 years it has been as a studio rental, which she does not have a problem if it stays the same as a studio rental.

Trustee Blomquist explained that would be a separate issue and the applicant would need to submit another application to change the footprint.

 

Mayor Sanders explained granting a special permit for a two family does not grant any future approvals for an expansion to its bulk it would be a separate application.

 

Village Attorney Walter Sevastian explained the property will have a two family designation the accessory structure would be used as a residence if someone wants to make modifications it would be a separate issue, and another application

 

Mayor Sanders again explained to Ms. Putko’s his previous comment

 

Ann Putko repeated her concerns and explained she is confused because the applicant pays taxes as it’s listed as a two family home, not single family.

 

Trustee Silverberg advised Anne Putko there would be one family in each structure it would continue the same way it has been for the past 18 years a family in each structure.  He asked Ms. Putko if she had a problem with that.

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Anne Putko replied she does not have a problem’s with the way it has been for the past 18 years she is concerned with the expansion of the garage/studio.

 

Trustee Silverberg explained there is no plan for the expansion, if the applicant chooses to expand at a later time they would need to submit another application.

 

Mayor Sanders explained this application does not represent any changes to the structure it is a change to the certificate of occupancy to legally allow the studio as a residential rental.

 

Mr. Puder questioned the annual renewal of the special permit

 

Village Attorney Walter Sevastian explained as long as you are within the conditions on the special permit it is an automatic renewal.

 

Trustee Gallucci Jr. commented he does not agree putting a restriction on the special permit   He reviewed the documents that were submitted and two of the documents clearly state they purchased the property as a two-family and the previous certificate of occupancy issued as a two family.  He believes from the testimony the main home has always been a single family and the accessory structure has always been a studio apartment. He can’t agree with taking something away from the applicant which the documents indicate the applicant purchased the home as a two family.  He does not agree with putting a restriction on the special permit and terminating upon transfer of ownership

 

Trustee Silverberg referred to Trustee Gallucci Jr. comment and asked when the applicant went before the zoning board was this issue discussed regarding the conflicting certificate of occupancy.

 

Village Attorney Walter Sevastian read the advisory opinion from the zoning board that it met all requirements for a special permit.

 

Kathleen Puder explained the zoning board held a discussion regarding the certificate of occupancy.

 

Walter Sevastian referred to the zoning boards vote and referenced that Margaret Holihan voted nay because she did not think the expiration upon transfer of ownership was necessary.

 

Trustee Silverberg explained the Village Board cannot interpret the zoning law, he suggested to the applicant to go back to the zoning board for an interpretation

 

The board held discussion and reviewed the conditions on the applicant’s special permit, and the documents submitted.

 

Daniel Spitzer explained how the planning and zoning board reviews documents in an applicant’s File.

 

Village Attorney William Sevastian referenced and explained Village code chapter 1.49

 

Trustee Silverberg questioned the applicant that when she purchase the home did she think it was a two family dwelling, and did she obtain the mortgage as a two family dwelling.

 

 

Trustee Gallucci Jr. referenced a document dated 2005  a letter addressed to Mrs. Puders title company stating the property is a pre-existing grandfathered two family and specifically states it has not been abandoned as of January 2005.

 

Village Attorney Walter Sevastian suggested the applicant should be referred to the zoning board of appeals for an interpretation of the documents submitted.

 

 

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Mayor Sanders explained she should go back to the zoning board for an interpretation not for an advisory opinion on a special permit.

 

Trustee Gallucci Jr. suggested the public hearing should remain open while she files an application to the zoning board of appeals requesting an interpretation of the existing records referencing the documents submitted.

 

Trustee Silverberg explained the Village Board cannot reverse the building inspector determination of last dated certificate of occupancy as a single family dwelling only the zoning board of appeals can.

 

Mr. Puder asked for clarification

 

Trustee Gallucci Jr. explained she is appealing the decision of the building inspector determination of the certificate of occupancy listing her property as a single family dwelling.

 

Trustee Silverberg moved to appeal the building inspector’s decision of Kathleen & Doug Puder’s property, SBL 35.38-2-13, 674 Piermont Ave as a single family dwelling that you cannot have two single family residences on this property furthermore the Village Board of Trustees is requesting an interpretation from the Zoning Board of Appeals.  Trustee Gallucci Jr. seconded the motion which carried by vote of 5 ayes and 0 nays.

 

Trustee Silverberg moved to adjourn and keep the public hearing open to the Village Board Meeting on November 4, 2014.  Trustee Gallucci Jr. seconded the motion which carried by vote 5 ayes and 0 nays.

 

Resolution to reduce the hours of the position of Justice Court Clerk from Full-Time

 

RESOLUTION OF THE PIERMONT VILLAGE BOARD

 

A Regular Meeting of the Piermont Village Board was convened on September 23, 2014, at 7:30 p.m.

 

The following resolution was duly offered by Trustee Gallucci Jr. and seconded by Trustee DeFeciani, to wit:

 

Resolution No. 2014-0923

RESOLUTION OF THE PIERMONT VILLAGE BOARD MODIFYING THE HOURS OF THE JUSTICE COURT CLERK POSITION

 

WHEREAS, the Village of Piermont currently employs a full time Justice Court Clerk, and

 

WHEREAS, prior to 2005, the Justice Court Clerk’s position had been a part-time position in the Village of Piermont, and

 

WHEREAS, the Justice Court Clerk position is classified as an “Exempt” Civil Service position by the Rockland County Department of Personnel, and

 

THEREFORE BE IT RESOLVED that, effective December 31, 2014, and consistent with the adopted fiscal year 2015  budget, the position of Justice Court Clerk shall be a part-time position (17 ½ hours per week) in the Village of Piermont, and
BE IT FURTHER RESOLVED that, effective December 31, 2014, the position of part-time Justice Court Clerk shall be compensated at an hourly rate of $30.96 per hour, and

 

BE IT FURTHER RESOLVED that other relevant terms and conditions of employment associated with the part-time Justice Court Clerk’s position shall be determined by the Village Board of Trustees, and

 

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BE IT FURTHER RESOLVED that effective September 23, 2014, the position of part-time justice court clerk is hereby offered to Joan Will (the current Justice Court Clerk), who will be permitted until October 7, 2014 to accept this offer by executing the previously tendered Terms and Conditions of Employment, and after which date the offer will be deemed to be withdrawn and the Village Clerk authorized to advertise to fill part-time Justice Court Clerk’s position as of December 31, 2014, and
BE IT FURTHER RESOLVED, that Joan Will is hereby placed on a preferred eligible list for the full-time court clerk position to the extent required by applicable law, and

 

BE IT FURTHER RESOLVED that the Village Board directs the Village Clerk to contact the Rockland County Department of Personnel to provide notice of the reduction of the hours associated with the Justice Court Clerk position.

 

 

The question of the adoption of the foregoing Resolution was duly put to a vote, which resulted as follows:

 

Yea                  Nay                 Abstain            Absent

 

Mayor Sanders                        [     ]                 [     ]                 [  X ]                [     ]

Deputy Mayor Bloomquist     [ X ]                 [     ]                 [      ]                [     ]

Trustee Gallucci                      [ X ]                 [     ]                 [      ]                [     ]

Trustee Silverberg                   [ X ]                 [     ]                 [      ]                [     ]

Trustee DeFeciani                   [ X ]                 [     ]                 [      ]                [     ]

 

 

Stephanie Tassello, Village Clerk

 

 

 

Request from Hugh Artrip to allow amplified Music on October 11, 2014 at his residence

Village Attorney Walter Sevastian explained to the board they did not need to approve this request and advised them this is an allowable use within Village Code

 

Continuation and Review List of Items to Ban/Bond

 

Mayor Sanders reviewed the details of the debt schedule

 

The board held discussion on available options

 

Mayor Sanders directed Village Clerk to itemize capital expenditures that will remain in bans with the items that would be rolled into bonds

 

Approval of Warrant

Trustee Blomquist moved to approve the Warrants in the amount of $ 120,281.75 as presented by the Village Clerk.  Trustee Gallucci Jr. seconded the motion, which was carried with a vote of 5ayes -0 nays.

 

Old/New Business

Trustee DeFeciani reported she was contacted by the Piermont Chamber of Commerce  regarding the Bastille Day invoice they received, they were unaware they had to pay an additional two hours for set-up and breakdown.  She suggested in the future it should be written on the application.

 

Chief O’Shea reported the Piermont Chamber of Commerce was billed for hours the Police were on duty for street closure.  The Police close the street an hour before the event for set up and remains closed after the event to give time to dismantle, this is done for safety measures.

 

Trustee Gallucci Jr. explained it should be written on the contract.

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Trustee Silverberg agreed with Trustee Gallucci Jr. it should be written in the contract

 

Mayor Sanders explained the  conflict is the additional two hours was not explained to the Chamber of Commerce they were under the assumption they were required to pay for the actual hours of the event for 10 hours not the 12 they were billed.  He asked Chief O’Shea to submit a report for the Total cost of Police fees.

 

 

Trustee Blomquist reported he will submit the Fire Department’s 20 year capital budget at the next Village Board Meeting.

 

Trustee Gallucci Jr. asked the board to consider a review of parking space fees.  Mayor Sanders directed Village Attorney to prepare a resolution for a Village Board Meeting in November.

 

Trustee Silverberg reported on the Rising Waters Task Force meeting and will submit a final report at the October 7, 2014 Village Board Meeting

 

Mayor Sanders asked Village Attorney Walter Sevastian to contact the Piermont Historical Society to follow up with the initial request to amend their caretaker agreement on the Railroad Train Station

Mayor Sanders reported the DEC will hold a public Meeting on September 30, 2014 the first of a series of fact-finding meetings on the Piermont Marsh.

Executive Session

 

Trustee Gallucci Jr.  moved to enter into Executive Session to discuss Pending Litigation and discussion on personnel compensation.  The motion was seconded by DeFeciani and the motion was carried with a vote of 5ayes-0nays.

 

Trustee DeFeciani moved to exit Executive Session, which was seconded by Trustee   Silverberg and upon vote the Board adjourned Executive Session.  Village Clerk noted no action was taken during Executive Session

 

 

Adjournment

Trustee Silverberg moved to adjourn the meeting at 10:04pm. Trustee DeFeciani seconded the motion, which was carried with a vote of 5ayes-0nays.

 

Respectfully submitted,

Stephanie Tassello

Clerk-Treasurer

September 2, 2014

 INCORPORATED VILLAGE OF PIERMONT

BOARD OF TRUSTEES MEETING

September 2, 2014

 

Present:  Mayor Christopher Sanders, Deputy Mayor Mark Blomquist, Trustee Lisa DeFeciani, Trustee John Gallucci  Jr.,  Trustee Steven Silverberg, Walter Sevastian, Esq.-Village Attorney, Stephanie Tassello- Clerk- Treasurer

 

Mayor Sanders called the meeting to order, and led the Pledge of Allegiance.

 

Public Comment

 

No Public Comment

 

 

Approval of Minutes

 

Trustee Gallucci Jr. moved to approve the minutes from the August 5, 2014 meeting of the Board of Trustees.  Trustee DeFeciani seconded the motion, which carried by a vote 5 ayes -0nays.

 

Department Reports

 

DPW

DPW Superintendent Tom Temple submitted his monthly report and informed the board that he recently met with the Village Engineer Ken DeGennaro regarding the wall remediation project that the Town of Orangetown Highway Department is looking to perform at the Eleanor Stroud Skating Pond.  Mr. Temple reported that the Village Engineer does not believe the project will have any impact on the Sparkill Creek, and Ken DeGennaro will schedule another meeting with Jim Dean, Supervisor of the Town of Orangetown Highway Department.

 

Mayor Sanders received a phone call from Richard Schneider, owner of Tappan Zee Marina, regarding water pooling on the driveway entrance to their property.

 

DPW Superintendent Tom Temple reported he and the building inspector reviewed the area and explained the problem began when Pier 701 restaurant made improvements to that area by installing Belgium block which lowered their curb, and they way they repaired the road now pitched creating an area where the water pools.  He and the building inspector both felt these private improvements created the problem.

 

Mayor Sanders also reported he received a letter from Ms. Rhodes-Ryabchic, informing the Village that the new Handicap swing that was recently installed at Kane Park is too small.

 

DPW Superintendent Tom Temple explained the swing recently installed at Kane Park is ADA compliant and meets all regulations.

 

Fire Dept.

Chief Cavanaugh reported the past 3 months they responded to a total 78 calls:  32 calls were for EMS for the month of August

 

POLICE

Chief O’Shea submitted his monthly report and explained the Labor Day PAL event was a success. He advised the board he entered into an agreement to receive a DEA grant.  He requested to purchase and install Security Cameras for Village Hall which will be reimbursed from seizure funds; he explained all municipalities have installed security cameras.  He received an estimate in the amount of $3,800 which includes equipment and installation.

 

Trustee Silverberg moved to approve the purchase of Security Cameras at a cost not to exceed $4,000 to be reimbursed from seizure funds.  Trustee Gallucci Jr. seconded the motion which carried by vote 5 ayes and 0 nays.

 

 

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Chief O’Shea reported he has recently received numerous complaints regarding large Tour Buses driving on the Pier on the weekends, creating a safety hazard to pedestrians and cyclists.  He explained he cannot address the issue as there are no restrictions for large vehicles driving on the Pier, and suggested amending Village Code by adding a weight limit to vehicles.

 

Village Attorney Walter Sevastian explained the board would need to amend the code for weight restrictions for park roads.  He will submit a draft amending the local law of Village code Chapter 143 at the next Village Board Meeting on September 23, 2014

 

Building Dept.

Building Inspector Charles Schaub reported an ongoing issue regarding a resident.

Village Attorney Walter Sevastian suggested submitting a notice to remedy, and issue an appearance ticket to the resident.

Mayor Sanders addressed the building inspector that he has the authority to make a determination on this issue.

Mayor Sanders reported he received a phone call regarding construction on the formerly known Burke property and asked the Building Inspector to follow up with the concerns he received.

Appointment of the Member to the Zoning Board of Appeals

Mayor Sanders received resignation from Roberta Ebert, member of the Zoning Board of Appeals; he thanked her for serving as an alternate member and a member on the zoning board of appeals.

Mayor hereby appoints HEIDI SPITZER member of the Zoning Board filling the unexpired term of Greg Toner for a term to expire at the Reorganization Meeting of January 2015.

 

Motion by Trustee Silverberg, second by Trustee DeFeciani.  Upon vote of 5 ayes and 0 nays the motion carried. Mayor Sanders administered the Oath of Office.

 

Request from Piermont Landing HOA to hold community outdoor party with amplified music

Trustee Gallucci Jr. moved to approve the request of the Piermont Landing HOA to have an outdoor party with amplified on September 13, 2014, from 7:00pm to 12:00am.  Trustee Blomquist seconded the motion, which was carried by a vote of 4 ayes-0 nays.

Trustee Silverberg abstained

 

Resolution to amend Special Permit for Pier 701 for an extension to allow additional seating

Dennis Whitton owner of Pier 701 submitted a drawing of parking spaces for the board to review.

 

Village Attorney Walter Sevastian explained that from last board meeting, Mr. Whitton was required to submit a to-scale plan showing parking spaces and the exact number of seats.  The seating numbers previously reported were incorrect they are actually lower than what was previously reported.

 

Building Inspector Charles Schaub reported there are a total of 377 seats in Pier 701, not the 447 previously reported.

 

Trustee Silverberg explained the plans presented to the board need to be signed and stamped by licensed professional, he explained based upon the drawing that he submitted he would not approve as it is missing information, it is not accurate and it is not signed by a licensed

 

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professional.  Trustee Silverberg advised Mr. Whitton that the plans would need to be signed off by a licensed engineer or architect.

 

Mr. Whitton explained he did not have time to have an architect draw it to scale, he used the owner of the marina’s previous set of plans.

 

Mayor Sanders explained to Mr. Whitton the board previously requested him to submit a set of plans listing which parking spaces are dedicated for the boat slips, and which ones are for the restaurant.

 

Village Attorney Walter Sevastian also advised Mr. Whitton to submit proof he has obtained access for 124 parking spaces.

 

Mayor Sanders tabled this to the next Village Board Meeting Sept. 23, 2014

 

Special Permit Application from Tom Graff for the Knights of Columbus Project

 

Mr. Glaser introduced himself representing the applicant, Tom Graff and Robert Hoene the architect on the project.  He explained he is presenting this project with the intent to receive an opinion, and direction from Board on how to proceed.  The proposed project is located in a WF-2 zone, which does not have any uses allowed by right – only by special permit.  His understanding is that his proposal would require a special permit and a zone change.

 

Robert Hoene explained he submitted plans before the planning board.  Originally the applicants proposed a total of 7 smaller units for the site, but after receiving recommended direction from the planning board, he amended the site plan and reduced the proposal to 4 larger units.

 

Trustee Silverberg asked several questions regarding the size of the lot, the building height, how many boat slips and the FAR

 

Robert Hoene answered the approximate size is 18,560 the height is 28’, 8 boat slips two for each unit and was unsure of the FAR.

 

Mr. Glaser replied that, before Hurricane Sandy, the Marina held 60 Boat Slips. This proposal would involve two boat slips – one for the unit owner plus another for a guest.  These are proposed to be upscale units, envisioned for the empty nester looking to downsize.

 

Trustee Silverberg asked if they looked at resiliency issues since that area is prone to flooding.  Mr. Gasler responded the proposed project meets FEMA regulations

 

Mayor Sanders questioned Village Attorney on the process for a special permit application in the WF-2 District

 

Village Attorney Walter Sevastian referred to Village Code 210-71 Plan required;A plan for the proposed development of a site for a permitted special use shall be submitted with an application for a special permit. Such plan shall show the proposed dimensions of the lot and all existing buildings, structures and outdoor uses; existing features such as rock outcroppings, streams and water bodies, woods, large single trees, rights-of-way and easements; adjacent roads; location of all buildings, parking areas, traffic access and circulation drives, open spaces, outdoor signs and lighting; landscaping; and any other pertinent information that may be necessary to determine if the proposed special use meets the requirements of this chapter.He explained the applicant requesting a special permit comes before the Village Board; the Village board would refer them to the planning / zoning board for a site plan review.

 

Trustee Silverberg asked if this site plan would require a variance, or a zoning amendment.

 

Village Attorney Walter Sevastian explained this proposal is looking to establish a multi-family attached dwelling in a zone that allows one or two family detached dwellings that are permitted

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by special permit only.  The requested use is not a permitted use; the board could not issue a special permit.

 

Trustee Silverberg further explained they could also apply to the Village Board to amend the zoning code.

 

Village Attorney Walter Sevastian explained to the applicant the requirements to request a zone change.

 

Trustee Silverberg informed the applicant that if they were seeking an amendment to the code, the board would need to know the impact on other sites that would also be affected by a zone change.

 

Mr. Glaser commented if the board was favorable, he would be more than happy to file an application seeking a zoning amendment.

 

Trustee Silverberg expressed concern not knowing the possible impact a zone change may have. He would like to know what properties would be impacted, and he could not support any proposal without having additional information.

 

Mayor Sanders asked the Village Attorney to explain the uses allowed by special permit in WF-2.

 

Village Attorney Walter Sevastian referred to Village Code; The following uses shall be permitted in the WF-2 District by a special permit issued by the Board of Trustees and shall be subject to the provisions of Article XIII:

A. 

Marinas, boatyards and clubs.

B. 

Art studios, art galleries and antique shops.

C. 

Restaurants, tearooms and taverns.

D. 

Boat sales, repair and service.

E. 

Boat moorings and anchorage.

F. 

Wharfs, docks, bulkheads and pilings.

G. 

Professional and business offices.

H. 

One- and two-family detached dwellings

 

Village Attorney Walter Sevastian suggested to the applicant to meet with him and the building inspector to discuss different options that are available.

 

Declare Police Department 2009 Chevy Impala Surplus

Chief Cavanaugh addressed the board asked, instead of surplusing the 2009 Chevy, if the Fire Department could use the vehicle primarily to be used by the EMT’s on call.  He explained there are issues with shift coverage on the weekends.  He thinks by providing a car it would dedicate someone to a shift it would also be used as an incentive for them to get more involved.  The primary purpose would be to respond to calls.

Trustee Silverberg questioned the Chief if they would be taking it home.

Chief Cavanaugh replied the car will be taken home by the EMT during their shift.

Trustee Silverberg raised an issue that Chief O’Shea was surplusing the vehicle due to restricting him from driving in the snow.

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Trustee DeFeciani also expressed concern with them responding to calls during snow storms and suggested considering an alternate, appropriate vehicle

Trustee Gallucci Jr. questioned Chief Cavanaugh if the Fire Department is having issues with volunteers not responding to EMT calls.

Chief Cavanaugh explained they are having some issues on the weekends. He thinks it will give the volunteers an added incentive and an obligation to respond to EMT calls.

Trustee Gallucci Jr. commented he is not inclined to have an EMT, or anyone taking a Village owned vehicle home – he believes it would create more issues.  He suggested maybe reimbursing volunteers for mileage.  He referred to a prior board meeting where the board approved to surplus this vehicle to offset the costs of the purchase of a new vehicle.

Mayor Sanders also expressed concern regarding the use of the Village owned car for home use.

Trustee Silverberg agreed with Trustee Gallucci Jr. with reimbursing for mileage and does not think the car would work as an incentive.  He also expressed the concern with an EMT taking a Village owned car home.

Chief Cavanaugh suggested using the car temporarily as a trial basis.

Trustee DeFeciani explained the recent purchase of the police department 2014 Ford SUV was approved contingent upon the sale of the 2009 Chevy to offset the costs.

Mayor Sanders explained the reason for surplusing this vehicle because as vehicles get older it becomes more expensive to maintain. He agreed to explore offering a stipend for travel or mileage reimbursement.

Mayor Sanders tabled a discussion on reimbursement to the next village board meeting on September 23, 2014 for further discussion.

Trustee Silverberg moved to declare the 2009 Chevy Impala VIN# 2G1WS57M191305138 as surplus, to be auctioned.  Trustee Gallucci Jr. seconded the motion which carried by a vote 5 ayes-0 nays

Resolution to approve Scar Settlement

Resolution N. 0902-2014

Resolution to refund Stanley Jacobs in the amount of $1,787.27 pursuant to a tax certiorari settlement.

RESOLVED, that pursuant to Court Order in a tax certiorari proceeding, the sum of $1,787.27 is hereby authorized to be refunded to Stanley Jacobs, owner of 869 Piermont Avenue, Piermont, NY

Trustee Silverberg moved the resolution   Trustee DeFeciani seconded the resolution which was carried with a vote of 5 ayes and 0 nays.

 

 

Review List of Items to Ban/Bond

 

Mayor Sanders commented at the last Village Board meeting Trustee Gallucci Jr. suggested reviewing the outstanding BAN/ Bonds due to the changing bond markets.

Village Clerk presented a list of recent Bans which are maturing in December 2014, and a list of items to BAN from recent purchases.  She further explained she has reached out to Bond Counsel, who is preparing a schedule of debt payments for the board to review.

 

Mayor Sanders tabled this for further discussion to the next board meeting September 23, 2014

 

Village of Piermont Board of Trustees Minutes September 2, 2014

Page 6 of 7

 

Resolution to schedule a public hearing to adopt Local Law #4 of 2014 to amend Chapter 210 of the Code of the Village of Piermont entitled “Zoning” to provide the General Use Requirements consistent with the New York State Alcoholic Beverage Control Law

 

Trustee Blomquist moved to schedule a public hearing for the proposed local Law #4 of 2014 to amend Chapter 210 of the Code of the Village of Piermont entitled “Zoning” to provide the General Use Requirements consistent with the New York State Alcoholic Beverage Control Law for October 7, 2014 at 7:45pm.  Trustee Gallucci Jr. seconded the motion which carried by vote of 5 ayes and 0 nays.

 

Approval of Warrant

Trustee Blomquist moved to approve the Warrants in the amount of $ 111, 561.48 as presented by the Village Clerk.  Trustee Gallucci Jr.  seconded the motion, which was carried with a vote of 5 ayes -0 nays.

 

Old/New Business

 

Trustee DeFeciani reported the board received their tablets, and would need to purchase cases and stylus pens which is still below the approved budgeted amount.  She also reported the Chamber of Commerce contacted her regarding an invoice they received from the Village for Bastille Day.  They believed the amount of the invoice was incorrect as they were charged an additional 2 hours over the total hours of the event.

 

Village Clerk explained the fees for Bastille Day were based upon actual time the Police Department closed the roads, not the actual time the event started.  She explained the Police Department were on duty an hour before the event closing roads and directing traffic which allowed the vendors to set up tables and prepare for the event, they were there an hour after the event closed which allowed the vendors time to clean-up before they re-opened the roads.

 

Trustee DeFeciani will contact the Chamber of Commerce to discuss their invoice.

 

Trustee Blomquist reported he met with Ray Lennon regarding an alternate site for the proposed Light House.  He explained they have discussed an alternate location. Mr. Lennon is willing and open to proposing an alternate location at a future Village board meeting

 

Trustee Silverberg reported the last Rising Waters Task Force meeting is on September 4th and the final, public meeting is scheduled for September 11th.  The Task Force plans to present their final report to the Village Board on September 23, 2014

 

Trustee Silverberg questioned the status of the repairs to the Northshore walkway seawall.

DPW Superintendent Tom Temple reported the contractor has ordered the materials and should begin final repairs soon.

 

Mayor Sanders reported receiving a request from the Tappan Zee Touchdown Club to waive the fee for the use the Goswick Pavilion.  He expressed concern with waiving the fee for an organization.

 

The board held a discussion and directed the Village Clerk to contact the Tappan Zee Touchdown club and advise them they could use the picnic tables, as they are open for the general use of the public, however if they wanted to use the kitchen or bathroom facilities they would have to pay the fee.

 

Trustee DeFeciani received an email a letter addressed to the Board from the Piermont Marsh Alliance regarding the Piermont Marsh.

 

Mayor Sanders reported he contacted Betsy Blair from the DEC they have scheduled a meeting at Village hall on September 30, 2014 at Village Hall.

 

 

Village of Piermont Board of Trustees Minutes September 2, 2014

Page 7 of 7

 

Executive Session

 

Trustee Silverberg moved to enter into Executive Session to discuss Pending Litigation and discussion on personnel compensation.  The motion was seconded by Trustee Blomquist and the motion was carried with a vote of 5 ayes-0 nays.

 

Trustee Gallucci Jr. moved to exit Executive Session, which was seconded by Trustee Blomquist and upon vote of 5 ayes-0 nays the Board adjourned Executive Session. Village Clerk noted no action was taken during executive session.

 

 

 

Adjournment

Trustee Gallucci Jr. moved to adjourn the meeting at 9:50 pm. Trustee DeFeciani seconded the motion, which was carried with a vote of 5ayes-0nays.

 

Respectfully submitted,

Stephanie Tassello

Clerk-Treasurer

August 5, 2014

 INCORPORATED VILLAGE OF PIERMONT

BOARD OF TRUSTEES MEETING

August 5, 2014

 

Present:  Mayor Christopher Sanders, Deputy Mayor Mark Blomquist, Trustee Lisa DeFeciani, Trustee John Gallucci Jr.,  Trustee Steven Silverberg, Stephanie Tassello- Clerk- Treasurer

 

Absent: Walter Sevastian, Esq.-Village Attorney,

 

Mayor Sanders called the meeting to order, and led the Pledge of Allegiance.

 

Public Comment

Grant Scully expressed concern regarding the influx of cyclists on the weekends.

 

Mayor Sanders explained the roads thru Piermont are public roadways and the Police Department has special details to insure that the cyclists obey the traffic laws.

 

Margaret Grace, a member of the Sparkill Watershed Alliance, requested to set up tables at the end of the Pier to provide information regarding the Watershed Alliance while the Clearwater will be docking on Saturday October 4th, 2014 from 12pm to 2pm.

 

Trustee Silverberg moved to allow the Sparkill Creek Watershed Alliance to set up tables at the end of the Pier on Saturday October 4th, 2014.  Trustee DeFeciani seconded the motion which carried by vote 5 ayes and 0 nays.

 

Anne Putko explained on May 29th she contacted the Piermont Police Department regarding hundreds of pounds of cut wood that was placed on top of her retaining wall, which could cause her retaining wall to collapse.  She also contacted the Building Department.  She is requesting the Village board to take action.   She feels this is a crime and it’s not being investigated.  She should not have to pay someone to remove it.

 

Trustee DeFeciani asked who placed the cut wood on her property. Anne Putko explained she thinks it is a neighbor but does not have cameras to prove who placed the logs on her retaining wall and the neighbors have denied putting the wood on the wall.

 

Mayor Sanders commented he would like additional information from Chief O’Shea who is not present.

 

Mayor Sanders explained the Board cannot do much as it is on private property; however, if Ms. Putko moves the material to the curb, the Highway Department can remove it from the curb.  He will also follow up with the investigation with Chief O’Shea.

 

Patricia Lukes, Piermont resident explained she has noticed overgrown shrubs on the seawall side of the fence beginning from Parelli Park along the northshore walkway path, and if there was anyone who is responsible to trim it.

 

Mayor Sanders commented it’s the Village’s responsibility to maintain the fence along the northshore walkway, it’s the responsibility of the Homeowners Association to maintain and trim the brush on the north side of the fence.

 

Approval of Minutes

 

Trustee DeFeciani moved to approve the minutes from the July 15, 2014 meeting of the Board of Trustees.  Trustee Blomquist seconded the motion, which carried by a vote 5 ayes -0 nays.

 

 

Department Reports

 

DPW

DPW Superintendent Tom Temple reported submitted his monthly report  and nothing additional to add.

 

Village of Piermont Board of Trustees Minutes August 5, 2014

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Building Dept.

Building Inspector Charles Schaub submitted his written report and nothing additional to add

 

POLICE

Chief O’Shea was absent but has submitted his monthly report.

 

Trustee Blomquist reported he received a request from Chief O’Shea to close the pier to vehicular traffic on Monday, September 1st, 2014 for the annual PAL concert.

 

Trustee Blomquist moved to close the pier to vehicular traffic on Monday, September 1, 2014.  Trustee Silverberg seconded the motion which carried by vote 5 ayes and 0 nays

 

Fire Dept.

Chief Cavanaugh – absent

Presentation of Certificates from the Rockland Municipal Planning Federation

Mayor Sanders thanked and commended the following members of the Planning Board & Zoning Board of Appeals for receiving Certificates of Completion from the Rockland Municipal Planning Federation.  He noted the following members were absent:

Nathan Mitchell an Alternate member of the Planning Board for completing the Planning/Zoning Certification Course.

Maureen O’Connell a member of the Zoning Board of Appeals for completing the Planning/Zoning Certification Course.

Daniel Spitzer a member of the Planning Board, in addition to being the Chairperson of the Planning Board for completing the Planning/Zoning Course.

 

He presented Mr. Ponisseril Somasundaran,  a member of the Zoning Board of Appeals, for completing the Planning/Zoning Certification Course.

 

Request from Piermont Pizza to amend special permit to allow outdoor seating and music

 

Building Inspector, Charles Schaub explained Piermont Pizza is under new management and is requesting to have outdoor seating and music.

 

Scott Morrissey, the new owner, is requesting to add 20 outdoor seats and add acoustic music.  He has obtained 8 parking spaces in the lot across the street from Village Hall.  Eventually he will be changing the front windows to open and he would put the music inside.  While he goes thru the approval process he requested to remove indoor seats and put them outside.  He stated his seating capacity would remain the same at 30, which would be 15 outside and 15 inside.

 

Trustee DeFeciani asked what parking lot he is referring to.

 

Scott Morrissey identified the lot across from the Turning Point, that is currently for sale.

 

Trustee Silverberg repeated Mr. Morrissey’s request that he is proposing to keep the same number of seats – just move them from inside to outside until his public hearing., He also advised Mr. Morrissey that the previous owner had issues for putting seats on the road which was a safety hazard.

 

Mayor Sanders explained, pursuant to Village Code Section 210-76, the Village Code governs the issuance of Special Permits, and provides that the Village Board can issue a Special Permit after a public hearing (210-76 (A)) and that the Village Clerk shall transmit the application to the Planning Board for an advisory opinion at least 14 days prior to the scheduling of the public hearing.

 

 

Village of Piermont Board of Trustees Minutes August 5, 2014

Page 3 of 9

 

Trustee Silverberg moved to refer this application to the Planning Board for review, and hold a public hearing on September 23, 2014 at 7:45pm for a Special Permit to allow outdoor seating and modified music. Trustee Silverberg also added to temporarily allow outdoor seating as long as the total seating capacity does not exceed 30 seats.  Trustee Gallucci Jr. seconded the motion which carried by vote 5 ayes and 0nays.

 

Request for Special Permit from Kathleen Puder to convert a single-family dwelling to a two family dwelling

 

Kathleen Puder requested to convert her single family dwelling into a two family dwelling.  She explained previously she had Certificates of Occupancy that listed her home as residential multi-family.  She has a separate studio detached from her home, which is why she had the certificate of occupancy as residential multi-family.  She thinks the certificate of occupancy as a single family was issued sometime after she renovated her main home, however she continues to pay taxes as a multi-family.

 

Building Inspector Charles Schaub reported her file contains several Certificate of Occupancies listed as a two family, however the most recent dated Certificate of Occupancy is for a single family.

Mayor Sanders questioned Mrs. Puder for clarification her multi family dwelling and on her request.

Kathleen Puder explained the Town of Orangetown has her home listed as multiple residents.  She would like to make the pre-existing studio into a residential rental.

Trustee Gallucci Jr. asked if the main building would remain single family and only the studio would convert into a rental.  Kathleen Puder responded yes.  He thinks the certificate of occupancy for the single family was for the main building renovation and does not include the studio.  There appears to be two uses for the property.  He does not see the single family C-O as encompassing the entire property.  He thinks the studio is a separate existing use and since no renovation was made to it the last C-O was issued only for the Building a Permit was issued for.

 

Charlie Schaub explained there is only one Section, Lot and Block for the main building and the studio.

Mayor Sanders referred to Village Code § 149-4 2 B – A public hearing shall be held on all applications as herein provided.  All Applications shall be referred to the Building Inspector, the Fire Inspector, Village Engineer, the Zoning Board of Appeals, the Planning Board and the Architectural Review Commission. The aforesaid persons and Boards shall review all applications and report their recommendations to the Village Board of Trustees, in writing, prior to the public hearing, except that the Building Inspector, Fire Inspector and Village Engineer may report orally to the Village Board at the public hearing.

 

Trustee Gallucci Jr. commented he does not think she needs the Public Hearing; she should bring this application before the zoning board for an interpretation clarifying the Certificate of Occupancy.

 

Trustee Silverberg explained the Village Board is not authorized to review and make a determination on the Certificate of Occupancy in question.  He suggested scheduling a Public Hearing and refer the application out to the boards.

 

Trustee Silverberg moved to refer this application to the afore-mentioned personnel and Boards for review and hold a public hearing on September 23, 2014 at 8:00pm for a Special Permit to convert a single family dwelling to a two family dwelling.  Trustee Silverberg seconded the motion, and upon vote the motion carried by vote 5 ayes 0 nays.

 

 

 

 

Village of Piermont Board of Trustees Minutes August 5, 2014

Page 4 of 9

 

Public Hearing (7:45) for amend Special Permit for Pier 701 for an extension to allow additional seating

Trustee DeFeciani made a motion to open the Public Hearing to amend special permit for an extension to allow additional seating.  Trustee Blomquist seconded the motion and was carried with a vote of 5 ayes and 0 nays.  The Public Hearing was opened.

 

Building Inspector Charles Schaub reported he met with the owners of Tappan Zee Marina who signed a lease agreement with Pier 701 giving them an additional 148 parking spaces.  The Marina also holds 100 parking spaces for boat slip owners.

 

Dennis Whitton explained he signed an agreement with Audrey Schneider, owner of Tappan Zee Marina, to rent an additional 148 parking spaces, which now exceeds his requirements.  The parking spaces for boat owners will be used during the day and his restaurant will be using the spaces in the evening.  He submitted a drawing of his proposal, and had also met with Chief O’Shea who suggested to install additional lighting, and signage. He has installed a fence, additional signs, and solar lights on top of fence posts.

 

Mayor Sanders identified the documents the Board received: a memo from Chief O’Shea, and advisory opinions form the Planning Board and Zoning Board of Appeals.

 

Mayor Sanders read the advisory opinion from the Zoning Board, which recommend approval contingent upon the applicant obtaining sufficient parking.  The Planning Board had expressed concern regarding a request to add a child play area.

 

Dennis Whitton explained he has removed the child play area, and also removed the proposed fire pit.

 

Trustee Gallucci Jr. requested clarifications regarding the available parking for the boat slips and his restaurant.

 

Charles Schaub explained there is 1 parking space per boat slip, there is a total of 100 boat slips but only 55 are occupied.  There are some parking spots being used by the boat owners during the day and the restaurant at night.

 

Trustee Gallucci Jr. commented he would like a detail of what spaces are dedicated for boat slips and which are dedicated for the restaurant. This needs to be clarified prior to the approval.

 

Charlie Schaub explained Audrey Schneider, the owner of Tappan Zee Marina, only wants valet parking which would create additional parking spaces.  He explained the additional parking spaces would allow 321 seats in the restaurant 235 outdoor, and would allow 86 indoor seats.  However the bulk of his restaurant in the summer is outdoor seating.

 

Trustee Gallucci Jr. again explained he would like the parking spaces detailed.

 

Dennis Whitton explained he is willing to close the interior seating while the tables are outside he would just keep a few inside for air conditioning.  His peak business is from 7pm to 10pm, the boats are not going out on the water.

 

Trustee DeFeciani also requested clarification on the parking spaces

 

Charlie Schaub explained if the 107 parking spaces are used for the boat slips, Pier 701 would still meet the required parking for 321 seats.

 

Trustee Silverberg agreed with Trustee Gallucci Jr.  – the parking would need to be addressed, and this use is contingent upon having the required parking.

 

Trustee Blomquist agreed with Trustee Silverberg, and Trustee Gallucci Jr.

 

Village of Piermont Board of Trustees Minutes August 5, 2014

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Mayor Sanders questioned the parking spaces – if there are 207 parking spaces, if the marina needs 100 that leave 107 parking spaces for the restaurant. If the 107 parking spaces are parked via valet service they could fit addition cars, he just doesn’t know what that number is.

 

Trustee Silverberg moved to close the public hearing.  Trustee Gallucci Jr. seconded the motion and upon vote of 5 ayes and 0 nays the Public Hearing was closed.

 

Trustee Gallucci Jr. suggested mapping out which parking spaces are for the boat slips, and which are for the restaurant, also to include where the valet parking spaces are.  Any resolution would also be contingent upon the availability of the Tappan Zee marina agreement.

 

Mayor Sanders tabled this to the Village Board meeting on September 2, 2014 for Village Attorney to Draft a resolution contingent upon Dennis Whitton submitting a parking plan. In the interim, he may utilize his outdoor seating based upon the amount a parking he has available.

 

Request from Phil Griffin to amend Site plan for the renovation/ addition/alteration of a single family residence

 

Trustee Gallucci Jr. recused himself

 

Lino Sciarretta, Attorney representing Phil Griffin explained this is an amendment to a Site Plan application. He referred to the previous board meeting in March 2014 that approved the Site Plan.  Recently,  a stop work order was issued.  The approved Site Plan was slightly modified – the bulk and layout stayed the same, the modifications were primarily aesthetic.  Mr. Griffin submitted an as-built to the Building Inspector earlier this afternoon.

 

Trustee Silverberg asked if the Board has received a copy of the as-built drawing.

 

Building Inspector Charles Schaub explained he issued a stop work order because there were discrepancies in the original drawing Mr. Griffin submitted to him and the Planning Board, and drawing he submitted to the Village Attorney.  The last set of drawings that were submitted also had discrepancies from what was actually built.

 

Lino Sciarretta explained the windows that were added on the north face of the front were not part of the original drawing.  They used the sandstone siding which matched existing siding, and he did not install the crown molding because Mr Griffin installed leaders and gutters instead.

 

Trustee Silverberg read the conditions of the approved resolution, dated March 18, 2014 and outlined the discrepancies as follows;

– The addition shall be painted or finished to match the existing exterior of the building.

– The proposed privacy fence shall be constructed.

 

Charles Schaub reiterated the two issues are: the exterior color does not match the rest of the building, and the privacy fence has not been installed.  He also explained the windows that were installed do not match the plans that were submitted.

 

Mayor Sanders questioned if there is an issue with the windows

 

Lino Sciarretta explained the resolution states the window opening shall be placed no lower than 5 feet 8 inches above floor level which was referring to the east side of the building.

 

The Board reviewed the original drawings that were approved

 

Mr. Phil Griffin explained the patio doors  they removed were 9ft. They don’t make it that size any more, which is why he changed it.

 

 

Village of Piermont Board of Trustees Minutes August 5, 2014

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Trustee Silverberg questioned Phil Griffin if he notified the Building Inspector when he made changes to approved plans.

 

Phil Griffin replied that he did not

 

Lino Sciarretta reviewed the resolution and the minutes from the previous board meetings and found there was no mention of color.

 

Charles Schaub explained that the color and the siding that on all the sets of plans prior to today that the reference to color and siding was to match existing.

 

Mayor Sanders asked about the gables

 

Charles Schaub replied the gables are dummies.

 

Trustee DeFeciani asked for clarification

 

Charles Schaub explained the discrepancies are the siding, the windows, and the privacy fence, which was not installed.

 

Lino Sciarretta explained the issues are aesthetic the integrity of the site plan footprint has not changed.

 

Trustee Silverberg explained the privacy fence should be a priority, and he should change the color of the siding to match existing as stated in the plans.  He also suggested putting a time limit on Mr. Griffin for making these changes.

 

Trustee Silverberg moved to approve the modifications contingent upon Mr. Griffin installing a privacy fence to be completed within 10 days and to change the siding to match what was on the original plans: gray cedar siding that was approved by the Board of Trustees to be completed within 30 days.  If work is not completed in the time allotted the Building Inspector is directed to issue violations and will also be issued a summons to vacate the premises due to no certificate of occupancy.  Trustee DeFeciani seconded the motion which carried by vote of 4 Ayes and 0 nays.

 

Trustee Gallucci Jr. re-entered

 

Request from the Piermont Historical Society to amend their caretaker agreement regarding the Train Station

 

Rich Esnard, Chair of the Piermont Historical Society, explained the Piermont Historical Society (PHS) is requesting a lease agreement for the railroad station.  He explained the railroad station was purchasd in 2006, restored in 2007, and received recognition in 2008 as a historic landmark.  Since October of 2013, the PHS has held events to raise money and now opens the train station on Sundays.  The PHS is looking to run a pilot program to take people on a historic walk thru Piermont, and run programs for education.  He believes this building will be a permanent source of history in Piermont.  They are interested in partnering with the Village to make the museum work.

 

Mayor Sanders referred to the previous board meeting in October 2013, explaining the board was initially discussing renovating the station and turning it into a single family rentable residential unit to help defray the maintenance costs.  The PHS opposed this plan and requested to maintain the station as a public asset and was willing to \ raise money to offset some of the maintance costs.  Under the original agreement, the PHS was responsible to maintain the upkeep on railroad station.

Trustee Silverberg commented he has attended several meetings held by the PHS, and noted that over the past several months they have re-energized and have increased attendance at the train station.  He believes it is important to recognize the railroad station as an asset for the Village of Piermont, but would need to review and discuss the costs for maintaining it.

Village of Piermont Board of Trustees Minutes August 5, 2014

Page 7 of 9

 

Trustee Gallucci Jr. agreed with Trustee Silverberg to review the information that has been provided and the station should be maintained in a matter that is historically correct, but the board should review what was being considered  in October 2013.

 

Trustee Blomquist thinks the PHS has done a great job re- energizing the public and suggested to share the burden if entered into a partnership.

 

Trustee DeFeciani explained the board would need to review the costs to maintain the building and the PHS would need to continue fundraising to share the costs.

 

Mayor Sanders thanked the PHS for all their effort; the building has galvanized the community to get more involved.  He suggested reviewing the costs to maintain the building, and to discuss possible options with the Village Attorney.

 

Mayors Sanders tabled this to review costs to maintain the building to the Village Board Meeting on October 7, 2014

 

Continue Discussion and Proposal from Stewart & Lennon families to donate a memorial lighthouse in memory of Lindsey Stewart and Mark Lennon

 

Jay Lennon explained he previous came before the Board with a proposal to erect a lighthouse at the end of the Pier, he asked Dan Sherman to talk on his behalf.

 

Dan Sherman submitted a rendering and explained he would like to express his opinion but wanted to make it clear he does not represent the Stewart/Lennon families.  He explained 18 years ago he was approached by the Piermont Civic Association to develop beautification plan/improvements to the end of the Pier, within his plans he proposed a lighthouse.  He likes the idea of the lighthouse, which the Village would not have to pay for any improvements.  There are currently 9 lighthouses along the Hudson River.  Lastly he stated the treasure is not a treasure until it becomes part of the community.

 

Mayor Sanders noted the Lighthouse presentation was submitted at the last meeting and asked the board for comments

 

Trustee DeFeciani noted that since the last meeting, she and some board members received numerous emails opposing the location of the lighthouse.  She personally likes the idea of the lighthouse but would need to take into consideration the concerns of the residents.

 

Trustee Blomquist explained he also received numerous emails from residents, opposing the location, however he also received suggestions to place it in an alternate location, which would address residents’ concerns.  He also expressed concern regarding the proposed location of the lighthouse.

 

Trustee Gallucci Jr. reported he has also received concern from residents and has not received any support for this proposal.  He explained residents are finding it difficult to speak out due to the sensitivity of the tragedy.  He also questioned the maintenance of the lighthouse in the future.  This is going to require maintenance, and is concerned how this will be funded., He remarked the state is cutting funding to its parks.

 

Trustee Silverberg commented he has been impressed by the Stewart/Lennon families for their patience; he has also received numerous concerns from residents opposing this proposal.  He explained the location is problematic – if there is another area to erect the lighthouse the board may re-consider.

 

Mayor Sanders expressed compassion for the Stewart/Lennon families, understanding their need for a touchstone, a memory of Lindsay and Mark.  He explained that while their proposal would beautify the end of the pier, it is a sacred place for those who lost their lives embarking from the end of the Pier to fight for our Country.  He has received many emails from residents opposing the project.  He cannot support their proposal but he does recognize Lindsay was a

Village of Piermont Board of Trustees Minutes August 5, 2014

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resident of Piermont, and her fiancé is still a resident.   He suggested reconsidering a different way to honor Lindsay and Mark – an endowment or setting up a scholarship fund to keep their memory alive.

 

Jay Lennon remarked they have raised $100,000 dollars. They have considered setting up a scholarship fund and organizing boating safety classes at the marina. He is open to changing the location of the lighthouse, if there is room to discuss alternate sites.  He would like direction from the board to other possible alternate areas.

 

Mrs. Stewart asked the board if they are open to an alternate location.

 

Trustee Silverberg thanked Mr. Lennon and Mrs. Stewart and he would agree to review an alternate location.

 

Trustee Gallucci Jr. agreed with Silverberg and would agree to review an alternate location.

 

Trustee Blomquist explained the opposition was for the proposed location, he volunteered to meet with the Stewart/Lennon families to discuss an alternate location.

 

Mayor Sanders reiterated his objection to the proposal, and tabled this to a Village Board Meeting in September to review possible alternate locations of the proposed lighthouse memorial.

 

Request to hold MS New York City Bike Ride on Sunday October 5, 2014

 

Trustee Gallucci Jr. moved to approve the Bike MS New York City Bike Ride on Sunday October 5, 2014.  Trustee DeFeciani seconded the motion which carried by vote 5-0

 

Request to hold Annual Rockland Road Runners 10-Mile Run

 

Trustee Gallucci Jr. DeFeciani moved to approve the annual Rockland Road Runners 10-mile run on Sunday September 7, 2014.  Trustee Silverberg seconded the motion which carried by vote 5-0

 

Request from the Piermont Fire Department to hold a Wet Down on the Pier on September 27, 2014

 

Santina Peralta explained the Fire Department would like to hold a Wet-Down at the end of the Pier on September 27, 2014 with a rain date of October 4th, 2014.  This would be scheduled from 2pm to 8pm, requiring closing the end of the Pier to vehicular traffic from 12pm to 9pm. She explained the Pier would be closed to vehicular traffic from the boat house to the end of the pier, open only to pedestrian traffic.  This event is for the new pumper and the new ambulance.  They are requesting to have amplified music from 2pm to 8pm, will be serving food and alcohol and have hired a security company.

 

Mayor Sanders expressed concern for the safety of pedestrians around moving fire trucks.

 

Trustee Silverberg moved to approve the wet down and allow amplified music on Saturday September 27, 2014, and to have Chief O’Shea review the plan and modify as necessary.  Trustee Gallucci Jr. seconded the motion which carried by vote 5 ayes 0 nays.

 

Approval of Warrant

Trustee Blomquist moved to approve the Warrants in the amount of $ 93,519.67 as presented by the Village Clerk.  Trustee Gallucci Jr.  seconded the motion, which was carried with a vote of 5ayes -0 nays.

 

Old/New Business

Trustee DeFeciani would like to begin using the tablets in September, she asked if the board if they received comments regarding the marsh resolution

Village of Piermont Board of Trustees Minutes August 5, 2014

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Mayor Sanders reported he has had communication with NYSDEC representative Betsy Blair and would like to schedule a round table discussion regarding developing the plan for the marsh.

 

Trustee Blomquist reported the Fire Department has been working on a capital budget for FYE 2015-2016 and informed the board there will not be a major capital purchase of apparatus until 2019.

 

Mayor Sanders reported the marine navigation lights on the Hudson River are installed, but not sure it they have been positioned according to the original plans.  He also informed the board that Roberta Ebert, member of the Zoning Board of Appeals has resigned and he will make a recommendation for a replacement.

 

Mayor Sanders also noted the board has received a request from Officer Marren for his retirement payout

 

Trustee Gallucci Jr.   expressed concern that interest rates are changing and the board should consider bonding  some of the outstanding debt.

 

Trustee Silverberg reported the Scenic Hudson grant is coming due on September 4th, 2014 and they have scheduled their final public meeting September 11th, 2014.  There is going to be a presentation of a series of recommendations – part of what they would like to do is continue working with the Village.

 

Executive Session

 

Trustee Blomquist moved to enter into Executive Session to discuss Pending Litigation and discussion on personnel compensation.  The motion was seconded by DeFeciani and the motion was carried with a vote of 5ayes-0nays.

 

Trustee Silverberg moved to exit Executive Session, which was seconded by Trustee Silverberg and upon vote the Board adjourned Executive Session.  Village Clerk noted no action was taken during executive session.

 

 

Adjournment

Trustee Gallucci Jr. moved to adjourn the meeting at 10:20pm. Trustee Bomquist seconded the motion, which was carried with a vote of 5 ayes-0 nays.

 

Respectfully submitted,

Stephanie Tassello

Clerk-Treasurer

July 15, 2014

 INCORPORATED VILLAGE OF PIERMONT

BOARD OF TRUSTEES MEETING

July 15, 2014

 

Present:  Mayor Christopher Sanders, Deputy Mayor Mark Blomquist, Trustee Lisa DeFeciani, Trustee John Gallucci  Jr.,  Trustee Steven Silverberg, Walter Sevastian, Esq.-Village Attorney, Stephanie Tassello- Clerk- Treasurer

 

Mayor Sanders called the meeting to order, and led the Pledge of Allegiance.

 

Public Comment

 

Matthew Smith from Paradise Avenue asked the board if they could identify the scientific data used in the recent resolution that was approved for the marsh restoration.

Village Attorney explained it was from data compiled by Klaus Jacobs.

 

Margaret Grace asked about the development on Castle Road Property.

 

Mayor Sanders commented that no official documents have been submitted.

 

Approval of Minutes

 

Trustee Gallucci, Jr. moved to approve the minutes from the June 17, 2014 meeting of the Board of Trustees.  Trustee Silverberg seconded the motion, which carried by a vote 5 ayes-0 nays.

 

Trustee Gallucci, Jr. moved to approve the minutes from the July 8, 2014 Executive Session meeting of the Board of Trustees.  Trustee Blomquist seconded the motion, which carried by a vote 4 ayes -0nays and 1 abstention by Trustee Silverberg.

 

Department Reports

 

DPW

 

DPW Superintendent Tom Temple submitted his dept. report and asked the board to consider declaring an emergency repair to a water line break at the community center.

 

Trustee Gallucci, Jr. moved to repair the water line on an emergency basis.  Trustee Defeciani seconded the motion which was carried with a vote of 5 ayes and 0 nays.

 

Superintendent Temple reported that he had received bid amounts on the trucks that were recently declared as surplus and auctioned, as follows;

 

2002 Bombardier: $2,650

2004International Compactor truck (the old garbage truck): $13,200

2003 Ford F-350: $1,675

 

Superintendent Temple also received a note from Robert Silarski, Architect representing the Weintraub residence at 573 Piermont Avenue.  It is their intention to take 2 or possibly 3 parking spaces away to have driveway access for the new building.  According to Mr. Silarski, they went before the Planning Board and the Zoning Board of Appeals.   The Village Attorney will look into the Land-use Board resolutions.

 

Mr. Temple requested to amend the previous resolution to purchase an ADA-Compliant swing for Kane Park. He explained that the original supplier would not be able to supply the correct swing until September 4, 2014, and another supplier could supply the swing for $98 more than what was approved by the Board at the last meeting.   Trustee Silverberg made a motion to purchase the swing at a cost not to exceed $450.   The motion was seconded by Trustee Defeciani and so carried with a vote of 5 ayes and 0 nays.

 

Building Dept.

Building Inspector Charles Schaub submitted his monthly report and informed the Board that there is a lot of activity and interest in purchasing empty lots along Route 9W.

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POLICE

Chief O’Shea- reported the Village had a large crowd for Bastille Day.  His officers did an excellent job and there were no incidents to report.

 

Mayor Sanders thanked the Police Departments. and the DPW for their clean up.

 

Fire Dept.

Chief Cavanaugh – absent

 

Recognition of service of Officer Kenneth Marren

 

Chief O’ Shea recognized Officer Ken Marren, he said his retirement is going to be a tremendous loss to our Police Department; he was always a voice of reason.  After Hurricane Sandy, Officer Marren organized our Holiday Program and he made sure the kids that had lost so much had something for Christmas. Chief O’Shea also wanted to mention one incident with regard to a fire in Piermont at the Bullock residence.   He said that Officer Marren courageously went in looking for individuals and received an award from the Fire Department for his service.  He is an extraordinary, top notch person.

 

Trustee Blomquist said Mr. Marren has a real talent for being proactive and is loved by the community.

 

Mayor Sanders thanked Officer Marren for his efforts with the Village of Piermont and his work during Thanksgiving and Christmas seasons directing the food and toy drives.  Mayor Sanders said that he put a “spark” in many people’s lives and he was sure that he would continue doing that after being a Police Officer.  Mayor Sanders presented the following resolution:

 

July 15th, 2014

 

In recognition of Thirty meritorious years as a Police Officer in the State of New York, and Twenty-Five years of exemplary service to the Village of Piermont, and

With grateful appreciation for commendable service to the community, especially in support of our residents in the times of their greatest need,

 

The Board of Trustees of the Village of Piermont Congratulates Police Officer Kenneth Marren on his retirement from Active Duty and thanks him for his honorable service.

 

Resolution to appoint a Full-Time Police Officer

 

Chief O’Shea explained he has reviewed a lot of applications for the upcoming open position.   Mr. Jim Hurley stood out among the applicants.  He has a master’s degree in business administration, several police certifications, law enforcement education and extensive training.  He was the best suited for the job.

 

Mayor Sanders commented he is pleased to nominate Mr. James T. Hurley as a Full-Time Police officer 5th Grade at a rate of $53,558.68. Trustee Silverberg made a motion to appoint James T. Hurley as a full time police officer pending approval by the Rockland County Personnel Department.   The motion was seconded by Trustee Blomquist and so carried with a vote of 5 ayes and 0 nays.

 

Request from Sheriff’s Associations to waive the rental fee for Goswick Pavilion on September 6, 2014.    

 

The Village Clerk informed the Board that the Sheriff’s Association also came before the Board last year with a similar request.    Chief O’Shea said that the Sheriff’s Department gives our Police Department assistance with the river unit, BCI, and the mounted unit.

 

Trustee Blomquist moved to waive the rental fee for the Sheriff’s Association.   The motion was seconded by Trustee Defeciani and so carried with a vote of 5 ayes and 0 nays.

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Public Hearing (7:45) for Special Permit for Bob Wohner of Piermont Pub & Pizza to allow outside patio tables and to purchase fee-in-lieu of parking

 

Trustee Silverberg made a motion to open the Public Hearing to allow outside patio tables and to purchase FILOP.  Trustee Gallucci Jr. seconded the motion and was carried with a vote of 5 ayes and 0 nays.  The Public Hearing was opened.

 

Village Attorney reported Mr. Wohner came before the board requesting to expand his use by adding seats.  As with any increase in seating this requires additional parking.  For every three seats, one parking space is required.  This particular building does not have off-street parking to satisfy their requirement.  The provision in Village code gives the Board authority to issue a special permit and grant fee-in-lieu of parking spaces. There are 15 parking spaces remaining out of the original inventory of 50 spaces(the rest have been dedicated to other establishments)  In order to accomplish his desire to expand his use, Mr. Wohner would be required to purchase additional parking spaces.  He was referred to the Planning & Zoning Board for an advisory opinion.    The Planning & Zoning Boards have just submitted their comments this evening in an email.   There was also an expression of concern from Chief O’Shea that some of the tables were put out in the right-of-way and it is a safety concern.

 

Mr. Wohner submitted a drawing of where he is proposing to place the tables.  He explained he is no longer putting the benches on the road – they are staying on the patio.  He wants to put planters on the edges for safety and protection.  He is requesting to place additional tables on the outside patio to help his business.  He also believes the existing parking spot in front of his business is detrimental to his business.  If the board grants him the tables outside, he requested to take away the parking space in front.

 

Village Attorney Walter Sevastian asked if the planters are placed on the curb.

Mr. Wohner replied the planters are on the existing patio and are movable.

 

Margaret Grace said she was on the committee that looked into parking.  When they discussed the parking issues the number was capped at a limit.  Her question is somewhat of the unknown, she referred to the parking lot across from the Turning Point she is not sure of what the future of those spaces are and those are established businesses that may come to us at some point for in-lieu of parking if that lot is developed.

 

Village Attorney referred to Village Code 210-68.1-(6) commercial establishment may submit an application to the VBT requesting approval of a special permit granting more than three “by right” FILOP spaces for the purpose of the commercial establishment seeking to satisfy the required minimum quantity of off-street parking spaces. If the said special permit is approved, the commercial establishment shall pay the required fees as established by the VBT. The quantity of such additional FILOP special permit spaces shall not exceed six spaces; the grand total of FILOP spaces (by right plus special permit) that may be issued to a commercial establishment is nine.  Mr. Wohner already has by special permit for (10) FILOP spaces.

 

Ms. Bubesi commented her concern is there is no direct crosswalk to the restaurant and believes it is a public safety issue.

 

Mathew Smith said when Mr. Wohner met with the Zoning Board of Appeals, one of the issues that came up was regarding the parking spot in front and whether it is a real parking space.

Mr. Belmonte asked if the parking spaces are needed now, why not give it to them and not worry about the future.

 

Mayor Sanders asked if the parking lot across from the Turning Point was no longer available and establishments were using that lot, will they  need to purchase parking to maintain a certificate of occupancy, or are they grandfathered?  Village Attorney explained that the Village has grandfather language in the code.   He said what they have is what they have and would only change if they wanted to expand.

 

 

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Trustee DeFeciani asked if the Police Chief had seen the drawings.  Mr. Wohner said that he believed the Chief had not seen them.

 

Trustee Silverberg asked Mr. Wohner how many seats is he looking to put outside.

 

Mr. Wohner explained he would like to put 19 seats outside, and there are currently 30 seats inside.

 

Trustee Defeciani requested for Chief O’Shea to review the plans to see if there are any additional safety issues.

Trustee Blomquist commented that the main issue is the seating in the right of way

 

Trustee Gallucci Jr. asked the Village Attorney how the board can justify approving additional 9 spaces.  He said he had looked at the information provided and it was his understanding that Mr. Wohner is entitled to 3 parking spaces by right, and can apply for an additional 6, for a limit total of 9 FILOP spaces.  He said that unless this was explained to him he could only support 9 spaces.

 

Village Attorney Walter Sevastian explained that the board was granting variances to accommodate downtown businesses.

 

Trustee Gallucci Jr. said he felt the board could not grant more than 9 FILOP spaces according to Village Code, and he would not support any additional FILOP parking spaces.

 

Trustee Silverberg explained he was just trying to justify the increase in seating capacity by 50%.  He said the original request was an attempt to get more visibility by putting a few tables outside, but he was struggling with approving his request, which would increase his FILOP to 16 parking spaces.

 

Mr. Wohner explained he is struggling to survive.  He said that if people are sitting outside they are not inside; if he has someone playing music inside people are inside; if he has someone playing music outside people are outside.

Trustee Defeciani said she saw this as two issues: one being the safety of placing the tables outside and the other to purchase fee-in-lieu of Parking.

 

Village Attorney referred to the advisory of the Planning Board.  He said that they approved it with the condition that the Police Chief and the Fire Inspector were ok with the safety issue.  The Zoning Board did not approve, they were concerned with the safety and the placement of the tables in the right-of-way.

 

Mayor Sanders commented that Bob Wohner came before the board to expand on his restaurant.   He said that the previous restaurant did not have seats outside.

 

Laura Lowell asked if they could have a number of seats and not tables.

 

Bob Wohner explained the space was not previously used for outside dining.

 

Trustee Gallucci Jr. moved to close the public hearing.  The motion was seconded by Trustee DeFeciani and so carried.

 

Mayor Sanders reported the Board has received a memo from the Building Department on this request for 9 additional tables, which would require additional 6 parking spaces.  Also the Board has received a letter from Chief O’Shea expressing his observations and recommendations, a copy of the local law, a brief advisory opinion from the Planning & Zoning Boards, and a landscape plan from the applicant.  Mayor Sanders explained this request does put stress on the available FILOP parking.

 

Mr. Wohner explained the outside tables are only for 3 months during the warmer season.

 

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Trustee DeFeciani would like to take Chief O’Shea‘s opinion and would like to limit the expansion to 3 outside tables, and suggested to Mr. Wohner to take 3 tables that are inside and put them in storage for 3 months.  This would offset any additional need for parking spaces, and any safety issues.

 

Trustee Blomquist asked a question regarding interior tables.  He concurred with Trustee DeFeciani’s suggestion to remove 3 tables from the inside while they are being used outside.

 

Trustee Gallucci, Jr. said that there was intent for the use and now there is a request for an expansion of this use.  He said that the way he reads the local law he cannot support this application.

 

Trustee Silverberg asked the Building Inspector Charlie Schaub about the previous establishment.  He also agreed to Trustee DeFeciani’s idea to not allow him more than 30 seats.

 

Mayor Sanders said if this application was withdrawn and Mr. Wohner went to the Building Department showing a plan for 30 seats, he would not have to come back to the board for approval.

 

Bob Wohner said he did not see why he could not grow his business.  He also asked if he can obtain parking privately within 250 feet of business district B is there any reason why he could not expand his seating.  The Board was in agreement that there was no reason why he could not expand.  The Village Attorney said that there were constraints on the number of seats because of other regulations, such as fire.  If he could obtain additional parking then he could increase the seating.

 

Village Attorney explained if he purchases parking from another entity, it would be an allowable use.

 

Mayor Sanders tabled this matter to the August 5th Village Board Meeting.

 

Public Hearing (7:45) for Special Permit for Tim Woods of 14 & Hudson LLC to purchase fee-in-lieu of parking

 

Mayor Sanders explained Mr. Woods came before the board a month ago and was referred to the Planning and Zoning Boards for advisory opinion.

 

Trustee Silverberg made a motion to open the Public Hearing to purchase FILOP.  Trustee Gallucci Jr. seconded the motion and was carried with a vote of 5 ayes and 0 nays.  The Public Hearing was opened.

 

Charles Schaub explained the previous restaurant was granted 100 seats for the 1st floor that was grandfathered for parking.  The present owner uses 75 seats on the 1st floor.  Mr. Schaub has told the owner that, since the deck is an expansion and the upstairs was an extension of the previous owner, he is required to have additional parking.

 

Mayor Sanders asked how many additional seats are being proposed.  Mr. Woods explained his expansion added a total of 48 seats, so he would need 16 parking spaces. They have 3 parking spaces by right; therefore, he is requesting 13 more parking spots.  A discussion was held by the Board regarding if the remaining 25 of the 100grandfathered seats could be used for the deck/upstairs seating.  The Village Attorney said he didn’t see a difference where the seats were.

 

Trustee Silverberg asked how many seats he currently has.

 

Mr. Woods said that he has 123 seats in total.

 

Village Attorney explained that this situation was the same as the last application, except the last application did not have the grandfather spaces.  So the applicant needs to obtain 16

Village of Piermont Board of Trustees Minutes July 15, 2014

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parking spaces for 48 seats, or if he is given credit for the 25 seats he is not using, the applicant would only need to get 8 parking spaces.

 

Trustee Silverberg explained he should apply the unused 25 seats as a credit

 

Building Inspector Charles Schaub explained Mr. Woods had purchased 3 spaces by right and is before the board for the additional 13 parking spaces for a total of 16 FILOP spaces.

Trustee Gallucci Jr. explained the applicant is either going to need 16 parking spaces or 8 parking spaces, depending on approving credit for the 25 unused seats.

 

Mr. Joey Gottlieb said that it seems reasonable that, if there are100 seats on the first floor and he is only using 75 of those seats, it seems reasonable to include the seats on the outside deck in the count.

 

Mayor Sanders explained Mr. Woods also submitted an offer to improve the plasterfold lot.    Highway Superintendent Tom Temple said that the lot was used by the previous owner, the Harbor House, for one year.   The only thing on the lot now is surplus equipment.

 

Tim woods explained his intention is to improve the plasterfold lot.  He would like to clean it up, re-pave it with stone, and still have the village own the property.  Mr. Woods said the size of the lot is 75’ x 60’, which you could fit between 14 to 16 parking spots.  Mr. Woods said that he would not maintain the lot because it would be still municipal property.

Building Inspector explained the agreement the Village had with the previous owner the Harbor House

 

Trustee Gallucci, Jr. explained he is not in favor of Mr. Wood improving the lot.

 

Trustee DeFeciani said if Mr. Woods gets a credit of the 25 seats he would fall under the local law limit of granting 9 parking spaces

 

Bill Herguth asked if he improves the lot would it be exclusively for his restaurant.

 

Mayor Sanders explained that the Board was discussing if the improved lot would provide use for all.

 

Trustee Silverberg asked if there was an estimate how much it would cost to improve the lot.

 

Tom Temple explained that the lot surface was kept as gravel, it would be minimal cost to maintain it.  However, he cautioned the Board to remember that the lot is in a low-lying area, prone to flooding.

 

Karen Macloswsky asked that because these two restaurants are side by side, would there be some compromise to work something out for the two of them.

 

Mayor Sanders explained if the Village improved the lot, it would increase parking and make some of the FILOP decisions easier.

 

Tom Temple estimated it would be $2,000 to improve the lot.

 

Mayor Sanders commented the question is how many spaces are needed, the Board is looking at  8 parking spaces, 3 by right and that leaves a total of 5 FILOP.

 

No public comment was forthcoming.

 

Trustee Silverberg moved to close the Public Hearing.  Trustee DeFeciani seconded the motion and upon vote of 5 ayes and 0 nays the Public Hearing was closed.

 

Village Attorney explained he will draft a resolution for the next Village Board Meeting on Aug 5, 2014.  Trustee Silverberg also asked for a report from Tommy Temple on estimated costs to

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improve and maintain the lot.  Mayor Sanders noted that this is a negative determination for SEQA action and the board resolved to direct the Village Attorney to draft a resolution approving the special permit for 8 parking spaces  for 14 & Hudson.

 

Trustee Gallucci, Jr. suggested looking at the prior zoning resolution that refers the grandfathered spaces.

 

Trustee Gallucci, Jr. moved to have Village Attorney draft a resolution based on the information that was provided that there were 100 seats that was grandfathered in and the applicant came before the board stating that the total number of seats will be 123 on the premises.   Based on that finding there are (8) additional parking spaces required and that the board approves an additional (5) FILOP because the applicant is entitled to three spaces by right.  Trustee DeFeciani seconded the motion, which was carried with a vote of 5 ayes and 0 nays

 

RESOLUTION OF THE VILLAGE OF PIERMONT BOARD OF TRUSTEES

 

 

 

WHEREAS, Timothy Woods (the “Applicant”), on behalf of the restaurant “14 & Hudson,” has, at the direction of the Piermont Building Inspector, filed an application for a Special Permit to accommodate all of the seating proposed in connection with a new restaurant to be opened at 457 Piermont Avenue, Piermont, NY;

 

WHEREAS, The Applicant’s new restaurant will be located at in the Business B Zoning District;

 

WHEREAS, the Building Inspector has determined that the Applicant has 100 “grandfathered parking spaces” at the premises as set in a previous decision of the Zoning Board (ZBA decision #00-03);

 

WHEREAS, the Applicant proposes to have 123 seats at the restaurant, 75 on the ground floor, and an additional 48 spaces situated in the upstairs and on the deck of the premises;

 

WHEREAS, the Building Inspector has determined that the Village Code requires the Applicant to provide 8 additional parking spaces (based on the additional 23 seats over the “grandfathered” spaces) to satisfy the parking requirements associated with establishing the new use in the Business B zoning district;

 

WHEREAS, the Applicant does not have the ability to provide the additional 8 parking spaces on his premises;

 

WHEREAS, the Applicant’s Special Permit Application seeks to utilize the Village of Piermont’s fee in lieu of parking (“FILOP”) spaces to satisfy the parking requirements under the Code;

 

WHEREAS, Piermont Village Code section 210-68.1(D) provides that an applicant may utilize FILOP parking spaces to satisfy the parking requirements associated with the establishment of a use in the Business B zoning district, subject to an overall limit of a total of 9 spaces being FILOP spaces (3 spaces provided by right, and any additional spaces up to the limit of 9 total FILOP spaces by Special Permit from the Board of Trustees);

 

WHEREAS, based on the analysis of the Building Inspector and a determination by the Board of Trustees that the 100 “grandfathered spaces may be located anywhere on the premises; the Applicant seeks to obtain 3 “by right” FILOP spaces and an additional 5 FILOP parking spaces to satisfy the Village Code parking requirement;

 

WHEREAS, the Applicant appeared a public hearing before the Village Board on July 15, 2014, and stated that he wished to avail himself of FILOP parking to satisfy the parking requirements associated with the Special Permit request;

 

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WHEREAS, the Village Board of Trustees has reviewed the record, including the positive recommendation of the Planning Board, and is desirous of granting the Applicant’s request, now

 

THEREFORE BE IT RESOLVED that the Piermont Village Board of Trustees hereby establishes itself as the Lead Agency for the purpose of review of the proposed action under the provisions of the State Environmental Quality Review Act (SEQRA);

 

BE IT FURTHER RESOLVED that the Village Board of Trustees undertakes a SEQRA review of the proposed Special Permit application and finds as follows:

 

  1.             That the Special Permit application is an “Unlisted” Action under NYCRR 617.2 .
  2.             That the Village Board determines that the grant of the Special Permit will have no adverse impact on the Environment that cannot be mitigated, and issues a Negative Declaration under SEQRA, based on the review of the application, the record at the public hearing, and the following:
  3.             The grant of the Special Permit would only serve to allow the Applicant to satisfy the parking requirements set forth under the Village Code, the FILOP spaces requested by the Applicant are available, and the grant of the Special Permit would not cause (1) a substantial adverse change in existing air quality, ground or surface water quality or quantity, traffic or noise levels; a substantial increase in potential for erosion, flooding, leaching or drainage problems, (2) the removal or destruction of large quantities of vegetation or fauna; interference with the movement of any resident or migratory fish or wildlife species; impacts on a significant habitat area; substantial adverse impacts on a threatened or endangered species of animal or plant, or the habitat of such a species; or other significant adverse impacts to natural resources, (3) the impairment of the environmental characteristics of a Critical Environmental Area, (4) the creation of a material conflict with a Piermont’s LWRP, current plans or goals as officially approved or adopted, (5) the impairment of the character or quality of important historical, archeological, architectural, or aesthetic resources or of existing community or neighborhood character, (6) a major change in the use of either the quantity or type of energy, (7) the creation of a hazard to human health, (8) a substantial change in the use, or intensity of use, of land including agricultural, open space or recreational resources, or in its capacity to support existing uses, (9) the encouraging or attracting of a large number of people to a place or places for more than a few days, compared to the number of people who would come to such place absent the action, (10) the creation of a material demand for other actions that would result in one of the above consequences, or (11) changes in two or more elements of the environment, no one of which has a significant impact on the environment, but when considered together result in a substantial adverse impact on the environment.

 

BE IT FURTHER RESOLVED, that the application for the Special Permit to satisfy the parking requirements for the restaurant to be established at 457 Piermont Avenue season is granted pursuant to the provisions of Village Code section 210-76 & 210-68.1, with the following conditions:

 

 

A.  The Applicant shall be allotted a total of 8 FILOP parking spaces, and shall pay to the Village Clerk all fees associated with the use of the same.

 

B.  The Special Permit shall be specific to Timothy Wood’s application, and shall not be tied to the property.  The Special Permit shall lapse and be void in the event of a change in ownership or occupancy of the premises.

 

C.  The Special Permit shall be renewed annually in accord with the provisions of the Village Code relating to Special Permit renewals.

 

 

Adopted at a regular Board meeting of the Village of Piermont Board of Trustees on July 15, 2014.

 

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Continued Discussion and Proposal from Stewart & Lennon families to donate a memorial lighthouse in memory of Lindsey Stewart and Mark Lennon

 

Mrs. Stewart thanked the board for the opportunity for allowing them to come before the board again and presenting their proposal.   This is their second time before the board and they plan to construct a lighthouse as a source of light and to provide navigational safety on the river and provide community involvement.

Her goal is to insure what happened to Lindsey and Mark never happens again; to provide a beacon of light to shine so this tragedy never happens again.  She has held fund raising events to enable them to support this financially.  Ms Steward has also partnered with Rockland County Foundation to help them prepare a non-profit fund.  She pointed out that this light is not just a memory for their loss but a memorial for all.  They hope they will gain support to move ahead on this issue.  They propose to build this lighthouse on the Piermont Pier and presented a representative of what the project will look like.

 

Honorable Judge Shewood was present, representing the Rockland County Foundation, custodian of the funds that have been raised for this memorial.  The use of the money for a memorial lighthouse is an appropriate use of the funds raised.   They have ongoing fund raising events, and it is anticipated that there will be adequate funding to complete this project if the Board grants them permission.  Judge Shewood thinks the proposal will be a benefit to the community, to the Village, and to Rockland County community as a whole and he believes there is broad support both here in the Village and throughout the county.

Ray Lennon came before the Board in December and submitted a preliminary rendering of his proposal.  There were several questions regarding his last proposal.  He reported he has received approval from the Coast Guard with the preliminary location of the Piermont Pier – it is referred to as a “private aid to navigation”.  The second question inquired if the Pier would be able to sustain the weight of the lighthouse.  Mr. Lennon reported that the proposed lighthouse’s weight is minimal – 1800 to 2200 pounds and 22 to 24ft in height.  The railings around the perimeter are temporary in nature, and the rope would have a quick release in the event there was an accident on the pier.    The proposal also identified adding safety equipment and an apparatus cabinet, along the walkway towards the pier, to hold equipment for First Responders and good Samaritans in the event of an unfortunate situation where someone fell into the river. The cabinet would hold a ring toss with a rope, an inflatable vest, and a bag with 75 foot of rope for use in a rescue attempt.  Mr. Lennon reported they had a successful fund raiser in May which raised $45,000 dollars, and that $100,000 dollars has been raised to date.  He thanked the board for their time.

 

Trustee Silverberg questioned he saw something in the previous proposal about memorial bricks.  Mr. Lennon explained in terms of involving the entire Village, they are proposing an asphalt paving treatment to the existing surface of the pier in order to give it a face lift and that would be stamped in a paver-like pattern and towards the surrounding of the actual lighthouse people would be able to purchase fund-raising bricks.

 

Trustee Gallucci, Jr. explained he did a nice presentation but he would like to review their proposal.

 

Trustee Blomquist thanked him for addressing the original concerns, and would need to review the proposal.

 

Trustee Defeciani thanked him and likes the idea of a lighthouse in Piermont.  Her only concern is about future flooding.

 

Lennon explained the lighthouse tower is made to withstand hurricane force winds.

 

Mayor Sanders thanked him for his presentation.  He understands this lighthouse is a memorial of Lindsey and Mark, but he asked if the Village really wants a lighthouse on the end of the Pier.  He appreciates that the families are looking to have an expression of their loss but does the Village really want a lighthouse at the end of the pier.

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Mrs. Stewart said if the Village is questioning the desire to have that kind of structure on the end of the pier, does the Village need that kind of structure at the end.  Does it need to have light on the river where there is none currently and can it eliminate any problems in the future?  The Mayor questioned if the pier needed navigational lighting at the end of it.  He remarked there is a need for lights to guide mariners to the channel that runs along the pier and would be concerned that this proposal gets in the way of being able to see the navigational marks.  The mayor repeated his question – of does the Village really want this?

 

Janine Lennon asked how we find out if the Village residents want the light house.  Mayor Sanders said that it was this Board’s responsibility to be the voice of the Village and not proceed with something everyone is going to wonder about; that, once built, it is there and a functional part of the pier.  Ms. Lennon asked what would be some of the reasons that the Village would not want it.   In terms of being a boater coming from the south going north you would be able to know where Piermont was and would also indicate the entrance to a construction zone.

 

Ray Lennon explained the marker could be as an indicator and marker to be included as the first entry point into and out of Piermont.

 

Mayor Sanders explained his position has not changed since last year.  This lighthouse changes the end of the Pier forever.  That is an important consideration for this Board.

 

Ms. Lennon said that their partnering with the Rockland County Foundation any funds that go into them from fund raising, any proceeds would need to be used on public property and not private property.

 

Margaret Grace had a couple of comments regarding that location.  She thinks the end of the pier as hallowed ground.  It was the point of debarkation for the tens of thousands of people and is an important part of our history.  And, also represents the industrial aspect of the Village and it represents a huge part of Piermont.  Secondly, she feels that the light house will obstruct the view.  The lighthouse is a lovely object and useful.  She feels that this is the wrong place for the lighthouse in the Village of Piermont.

 

Matthew Smith commented that site is hallowed ground; however, this is a safety issue and at night you can’t see it from the bridge.

 

Audrey Schneider from Tappan Zee Marina spoke to say she contacted the Tappan Zee Constructors because of this accident to get the channel marked.  She did not feel that the lighthouse would interfere with the proposed channel markers.   With regards to the construction point-of-view, she said they could drive a piling thru the Pier to support the lighthouse.  The Piermont community should have been notified of the barges being out there and the businesses would have put up warnings for anyone out on the river.   She felt that the Tappan Zee Constructors has not considered the Village of Piermont at all.  She felt a plaque

should go out there about the veterans.  She felt the lighthouse could be moved back to keep the unobstructed view and that the objections could be mitigated.  Even being an owner of the marina, she never thought much about the TZ bridge construction being in the way of boaters.   She feels the lighthouse will serve as a memorial and as a safety issue for all boaters.

 

Bill Herguth thinks a lighthouse on the pier would be an obstruction, and suggested it could be moved.

 

Mayor Sanders tabled this to the Village board meeting August 5th for further discussion.

 

Trustee Blomquist asked if residents could view the proposed plan on-line so that the Board could get comments from them.  Mr. Lennon said that nothing was on-line before the presentation to the Board.

 

Trustee Silverberg suggested that if Mr. Lennon had the presentation posted on their web site, they could give the Village a link and we could direct residents from our web site.

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Page 11 of 13

 

Request from Pier 701 to amend Special Permit for an extension to allow additional seating

 

Dennis Whitton submitted a letter requesting an expansion of his restaurant by installing a sand area and adding 16 seats 8 tables above the breakwall.

Village Attorney Walter Sevastian advised the Board that, by adding seats, additional parking would be needed.  Building Inspector Schaub said that currently they are renting space from the Knights of Columbus for overflow parking.   If that property gets sold then the parking would not exist.  Originally Pier 701 had 55 parking spaces with an additional 15 on the side.  He believes this is a seasonal requirement which would last 4 months.  He has 185 seats inside with 210 outside presently.  Mr. Whitton said that this is season and in the winter time the outside seats would not be used.

 

Mayor Sanders asked the Village Attorney if this needs to be referred to Planning & Zoning board for an advisory opinion.  He further questioned if Pier 701 would need additional parking spaces.  Mr. Whitton did go to the Planning Board but not the Zoning Board.  Village Attorney said that it was his understanding that there were 70 spaces from the Knights of Columbus property, 55 spaces in the lot and 15 on the north side of the building.  That totals 140 spaces.   Right now there are 185 seats inside and 210 seats outside which requires 131 parking spots.  There are 9 parking spots left over.   The Building Inspector said that he did not have the 70 spaces from the Knights of Columbus until last week and those spaces might be unavailable if the property is sold.

 

Charles Schaub explained it’s an expansion of an existing non-conforming establishment so he needs a special permit.

 

Trustee Silverberg would just like a report from Chief O’Shea regarding the parking for the public hearing.

 

Trustee Gallucci, Jr. would like to know what the grandfathered seating is.  If this moves forward he does not want to see that he is grandfathered in for 400 seats.  If he loses the parking with the Knights of Columbus that would become a real impact on that part of the Village.

 

Trustee Blomquist would like to see the advisory opinions.

 

Trustee Blomquist made a motion refer this application to the Planning and Zoning Boards and to hold a public hearing on August 5 at 7:45pm to amend the existing permit.  The motion was seconded by Trustee Gallucci, Jr. and so carried with a vote of 5 ayes and 0 nays.

 

Request from Vietnam Veterans to hold their annual watchfire on the Pier on August 3, 2014

Peter Marino could not attend this evening but has submitted a letter requesting the use of the pier for Vietnam Veterans of Rockland County Chapter 333 to have a watchfire on August 3rd all day till

midnight and for Saturday Aug. 2nd to use for building the fire. Mr. Marino will be talking to the Fire Chief for coverage.  The fire will be on the same area as the other Watchfires. He would also request that the pier be open – no pier passes needed. On Sunday the fire will be lit around 8:00 pm and burn till midnight.

The Board did not approve this request.

 

Continue Discussion & review placement of a Port-o-John at Kane Park

DPW Superintendent Tom Temple reported the issue regarding the placement of Port-o-John in Kane Park.  The unit can be placed against the fence in the northwest corner and will be facing the water fountain.  He felt it is the best location for this.

 

Bill Herguth explained that spot that never floods.  He met with Chief O’Shea and he said the best suitable place to place it was between the bench and the water fountain up against the chain link fence.

 

Mayor Sanders suggested placing the Port-o-John where Mr. Temple suggested.

 

Village of Piermont Board of Trustees Minutes July 15, 2014

Page 12 of 13

 

Trustee Silverberg agreed with going with Tom Temple’s recommendation.  Trustee Gallucci, Jr. asked if this would be seasonal.  Mr. Temple asked what would be considered seasonal.   Trustee DeFeciani said it was not a seasonal park.

 

Continue Discussion & review purchase of Tablets for the Village Board

Trustee Defeciani explained there are benefits to going paperless; reduces cost on the Village, better on the environment, and it eliminates common office tasks such as texting and faxing.  She thinks it would be efficient.

 

Trustee Blomquist asked what the savings would be.  The Village Clerk reported that it would save paper and toner for the copier plus the time used to produce the paperwork.

 

Trustee Silverberg said he believed it would be a good idea.

 

Mayor Sanders commented he likes having paper however; a tablet would be useful for the day to day work and response.

 

Trustee Defeciani moved to approve the purchase 6 ipad 16 GB tablets at a cost not to exceed $3300 to take out of clerk’s office supplies and Trustee’s training and travel budget lines.  Trustee Silverberg seconded the motion and it was carried by a vote of 5 ayes and 0 nays.

 

Resolution to approve Scar Settlement

Resolution N. 0726-2014___

Resolution to refund Scott Rosenberg the amount of $611.08 pursuant to a tax certiorari settlement.

RESOLVED, that pursuant to Court Order in a tax certiorari proceeding, the sum of $611.08 is hereby authorized to be refunded to Scott Rosenberg, owner of 747 Piermont Avenue, Piermont, NY (made payable to Rodgers McCarron & Habas, P.C.).

Trustee Gallucci, Jr. moved the resolution   Trustee Blomquist seconded the resolution which was carried with a vote of 5 ayes and 0 nays.

 

Continue Discussion & Review MOU regarding the New NY Bridge for Marking a channel into Piermont

 

Mayor Sanders commented he received notification the Coast Guard has approved the channel markers.  There are 6 channel markers established along the southeastern channel along Piermont Pier.  He raised an issue regarding maintenance of the markers and said that the agreement was that the Tappan Zee Constructors would have these installed and would maintain them during construction.   Once it is lifted the responsibility of the markers would be offered to the Village of Piermont.

 

Village Attorney commented he is working on reaching out to Brian Coneybear regarding an agreement covering these markers.

 

Mayor Sanders noted there would be no dredging involved in this project.

 

Trustee Blomquist commented he and Assistant Fire Chief Dan Goswick went out 2 weeks ago and surveyed the markers and some of the reported depths were off.

 

Suren Kilerician explained the channel markers submitted to the Village was based on a full moon tide.  He felt this is not correct he expressed concern regarding safety.

 

Trustee Blomquist suggested that the Board wait until Assistant Fire Chief Dan Goswick submits his findings.

 

 

Village of Piermont Board of Trustees Minutes July 15, 2014

Page 13 of 13

 

Mayor Sanders tabled this to a future Village Board Meeting contingent upon Assistant Fire Chief Dan Goswick‘s report.

 

Approval of Warrant

Trustee Blomquist moved to approve the Warrants in the amount of $ 690,173.46 as presented by the Village Clerk.  Trustee Defeciani seconded the motion, which was carried with a vote of 5 ayes -0 nays.

 

Old/New Business

Village Attorney Walter Sevastian reported he received a call to execute a release of judgment upon satisfaction of the debt.   Trustee Silverberg made a motion to release the judgment upon satisfaction of the debt.   The motion was seconded by Trustee Gallucci, Jr. and so carried.    Village Attorney requested an executive session for pending litigation and personnel matters.

 

Mayor Sanders reported he met with Tom Temple and Village Engineer Ken DeGennaro and New York State Dept. of Transportation regarding the drainage issue on Route 9W.  They have already replaced pipes.

 

Trustee Blomquist reported the FD air filling system should be installed in the next few days.

 

Executive Session

Trustee Silverberg moved to enter into Executive Session to discuss Pending Litigation and discussion on personnel matters.  The motion was seconded by Gallucci Jr.  and the motion was carried with a vote of 5 ayes-0 nays.

 

Trustee Silverberg moved to exit Executive Session, which was seconded by Trustee   DeFeciani and upon vote the Board adjourned Executive Session.

 

Trustee Silverberg moved to allow employees of the Department of Public Works to pool their accrued Sick Days to be used by Michael Bettmann.  Trustee Blomquist seconded this motion which carried by vote 5 ayes and 0 nays.

 

Trustee Silverberg moved to authorize the Mayor signing the stipulation with the PBA making modifications regarding approval.  Trustee DeFeciani seconded the motion which carried by vote of 5ayes and 0 nays

 

Adjournment

Trustee Gallucci Jr. moved to adjourn the meeting at 11:01pm. Trustee DeFeciani seconded the motion, which was carried with a vote of 5ayes-0nays.

Respectfully submitted,

Stephanie Tassello

Clerk-Treasurer

 

July 8, 2014- Executive Session

 INCORPORATED VILLAGE OF PIERMONT

BOARD OF TRUSTEES MEETING

July 8, 2014 – 6:30 pm

 

 

Present:  Mayor Christopher Sanders, Deputy Mayor Mark Blomquist, Trustee Lisa DeFeciani, Trustee John Gallucci Jr.,  Walter Sevastian, Esq.-Village Attorney, Stephanie Tassello- Clerk- Treasurer

 

Absent: Trustee Silverberg

 

 

 

Executive Session

 

Trustee Gallucci Jr. moved to enter into Executive Session to discuss Pending Litigation and discussion on personnel compensation.  The motion was seconded by DeFeciani and the motion was carried with a vote of 4 ayes and 0 nays.

 

Trustee Blomquist moved to exit Executive Session, which was seconded by Trustee Gallucci Jr. and upon vote the Board adjourned Executive Session.

 

Trustee Gallucci Jr. moved to appoint Daniel Goswick Jr. to the Temporary Position of Laborer for a period of 60 days at a rate of $10 dollars per hour.  Trustee DeFeciani seconded the motion which carried by 4 ayes and 0 nays.

 

 

Adjournment

Trustee Gallucci Jr. moved to adjourn the meeting at 8:29pm. Trustee DeFeciani seconded the motion, which was carried with a vote of 4 ayes and 0 nays.

 

Respectfully submitted,

Stephanie Tassello

Clerk-Treasurer

June 17, 2014

 INCORPORATED VILLAGE OF PIERMONT

BOARD OF TRUSTEES MEETING

June 17, 2014

 

Present:  Mayor Christopher Sanders, Deputy Mayor Mark Blomquist, Trustee Lisa DeFeciani, Trustee John Gallucci  Jr.,  Trustee Steven Silverberg, Walter Sevastian, Esq.-Village Attorney, Stephanie Tassello- Clerk- Treasurer

 

Mayor Sanders called the meeting to order and led the Pledge of Allegiance.

 

Public Comment

 

Bill Herguth thanked the board for their participation in Sandy Recovery Project.  He asked to have the Village put a port-o-john in Kane Park.  Mr. Herguth claimed there are individuals using his woods as a bathroom.

 

Tom Temple reported the port-o-john located on the end of the Pier costs roughly $150 a month.  Tom Temple said that they can be rented seasonally.

 

Trustee DeFeciani said that she thinks it’s a good idea

Trustee Blomquist, agreed and thinks it will be at minimal cost

Trustee Gallucci Jr. said that he also thinks it’s a good idea.

Trustee Silverberg agreed.

 

Trustee Silverberg moved to install a port-o-john at Kane Park from A Royal Flush, at a rate not to exceed $160 per year.  Motion was seconded by Trustee DeFeciani and was so carried with a vote of 5 ayes and 0 nays.

 

Approval of Minutes

 

Trustee DeFeciani moved to approve the minutes from the May 13, 2014 meeting of the Board of Trustees.  Trustee Blomquist seconded the motion, which carried by a vote 4 ayes, 0 nays and one abstention by Trustee Gallucci.

Trustee DeFeciani moved to approve the minutes from the May 27, 2014 meeting of the Board of Trustees.  Trustee Blomquist seconded the motion, which carried by a vote 4 ayes, 0 nays and one abstention by Trustee Silverberg.

 

Department Reports

 

POLICE

 

Chief O’Shea reported PAL would like to sponsor a program for small children.  He was contacted by Matthew Fishman who would like to hold an art and dance session with young children, ages one to five, in the community center between 4:30 and 5:30p.m.  Chief O’Shea reported that the PAL youth program would supply a small budget.   Chief O’Shea reported there are no insurance or license requirements.    People would not be charged to take part in this program.   Matthew would like to hold this art and dance for young children.  He felt it would enable a community bond.

 

Trustee Silverberg made a motion to allow PAL to operate art/ dance classes for children ages 1 to 5 accompanied by their parent.  Trustee DeFeciani seconded the motion which carried by 5 ayes and 0 nays.

 

Chief O’Shea reported that he had signed an MOU to receive an antidote in the event of a heroin overdose called NARCAN at no additional charge to the Police Department. Chief O’Shea reported a rise in Heroin abuse amongst teenagers and that the Police Department is going to be trained in the use of NARCAN by the end of July.  Chief O’Shea reported that is part of a task force with the Sheriff Department for enforcement as well as education and prevention programs.

 

Chief O’Shea submitted and discussed a revised vehicle replacement plan.

 

Village of Piermont Board of Trustees Minutes June 17, 2014

Page 2 of 9

 

DPW

 

DPW Superintendent Tom Temple submitted his monthly report.  The DPW reported that 794 tons of garbage was picked up, 136 tons of rubbish/bulk was removed, 104 tons of leaves, brush and yard waste; and 10 tons of metal.  The village recycled 181 tons.

 

He received the new municipal tractor with boom arm and sidewalk plow and is in use around the Village.  Superintendent Temple reported that they had been out painting the lines, and cleaning out the catch basin around the Village.

 

Fire Dept.

Chief Cavanaugh – absent

 

Building Dept.

Building Inspector Charles Schaub reported that he will submit his report at a later time.  He further reported that he is extremely busy with building permits.

Mayor Sanders moved up agenda item #5

 

Public Hearing (7:45) for Special Permit for Faith Artrip to Convert a Single Family Dwelling to a Two Family Dwelling

 

Village Attorney Sevastian stated that this was an application seeking approval under Chapter 1.49 of the Village Code for a temporary conversion of a Single Family Dwelling to a Two Family Dwelling. Chapter 1.49 requires a Public Hearing for considering this special permit application. The Village Attorney prepared a resolution for the Board. The Planning Board, Zoning Board, and Building and Fire Inspectors all approved this. The Planning and Zoning board approved it with a condition if there is a change in ownership, the allowed conversion would be void, and it would also need to be renewed annually

 

Trustee Gallucci Jr.  made a motion to open the Public Hearing for converting a one family dwelling to a two family dwelling.  Trustee Silverberg seconded the motion and was carried with a vote of 5 ayes and 0 nays.  The Public Hearing was opened.

 

Faith Artrip explained to the Board that she would like to temporarily convert a one family house to a two family house located on the corner of Liberty Street. There was no additional square footage added, there is no need to for variances, and there is plenty of parking.

 

No public comment was forthcoming.

There were no Board Comments

 

Trustee DeFeciani moved to close the Public Hearing.  Trustee Gallucci Jr.  seconded the motion and upon vote of 5 ayes and 0 nays the Public Hearing was closed.

 

RESOLUTION OF THE VILLAGE OF PIERMONT BOARD OF TRUSTEES

 

SPECIAL PERMIT REQUEST – 2 Michigan Avenue – 75.63-1-15 (the “premises”)

 

WHEREAS, Faith Artrip (the “Applicant”) has, at the direction of the Piermont Building Inspector, filed an application for a Special Permit under Village Code Chapter 149, seeking approval from the Village Board for the temporary conversion of the existing one-family dwelling at the premises into a two family dwelling (a copy of the Applicant’s narrative submitted in support of the application is attached hereto and made a part hereof).

 

WHEREAS, The premises are located in the R-7.5 Zoning District;

 

WHEREAS, the Special Permit Application, as required under Village Code Chapter 149, was referred for comment to the Planning Board, Zoning Board, and Building and Fire Inspectors;

 

Village of Piermont Board of Trustees Minutes June 17, 2014

Page 3 of 9

 

WHEREAS, recommendations for approval of the application submitted back from those departments are attached hereto and made a part hereof, each noting that the standards set forth under Village Code Chapter 149 have been met;

 

WHEREAS, the Board of Trustees held a public hearing on the application at its regularly scheduled meeting held on June 17, 2014;

 

WHEREAS, the Village Board took testimony and public comment regarding the application at said meeting;

 

THEREFORE BE IT RESOLVED that the Piermont Village Board of Trustees hereby establishes itself as the Lead Agency for the purpose of review of the proposed action under the provisions of the State Environmental Quality Review Act (SEQRA);

 

BE IT FURTHER RESOLVED that the Village Board of Trustees undertakes a SEQRA review of the proposed Special Permit renewal application and finds as follows:

 

  1.             That the Special Permit application for the temporary conversion to a two family dwelling meets all of the standards set forth in Chapter 149, therefore the application is a Type II Action under NYCRR 617.5 (15) & (19), requiring no further action by the Village Board.

 

BE IT FURTHER RESOLVED, that the application for a Special Permit for the temporary conversion of 2 Michigan Avenue from a one-family dwelling to a two-family dwelling is hereby approved, with the following conditions:

 

a.  The Special Permit shall be specific to Faith Artrip’s application, and shall not be tied to the property.  The Special Permit shall lapse and be void in the event of a change in ownership or occupancy of the premises.

 

b.  The Special Permit shall be renewed annually in accord with the provisions of the Village Code relating to Special Permit renewals.

 

Trustee Blomquist moved Trustee Gallucci Jr. seconded the above resolution which was carried with a vote of 5 ayes and 0 nays.

 

Mayor Sanders moved up item #6

 

Request from Tim Woods of 14 & Hudson for additional parking spaces

 

The Building Inspector Charles Schaub reported this is a new restaurant.  The previous owners had 190 internal seats and rented parking spaces from Plasterfold and Village Auto Body.  He reported the new restaurant is grandfathered for 100 seats on the first floor.  There is no requirement for parking for the original first floor restaurant.  The requirement is for the additional 48 seats on the second floor and the outside deck which requires an additional 16 parking spaces.  Building Inspector Schaub also reported Mr. Woods is interested in cleaning up the Plasterfold lot and install signage to obtain the additional required parking spaces.   He by rule was able to receive3 parking spaces; and, therefore, he would need a special permit for the additional 13 parking spaces.

 

Tim Woods requested to improve the Village property on Ohio Street known as the sand pile explaining he would use that area as parking.  He estimated that area could accommodate up to 22 parking spaces.  Mayor Sanders asked DPW Superintendent if the Village was using that lot.  Tom Temple replied that the only use for that lot is the storage of vehicles that have been surplused.  Trustee Silverberg asked what the signs would say.  The Building Inspector said that the signs would indicate there is additional parking, directing people down Ohio Street.

 

Trustee DeFeciani asked if it will increase traffic on Ohio Street.

Charlie Schwab explained people are driving down that way looking for parking anyway.

 

Village of Piermont Board of Trustees Minutes June 17, 2014

Page 4 of 9

 

Mayor Sanders remarked there are a couple of issues. Mr. Woods’ offer would increase available parking spaces and would improve the area on Ohio Street, however there is concern of maintenance once the parking area is established, especially in the winter time.

 

Walter Sevastian commented a special permit is required for the additional parking and would need to be referred to the planning board and zoning board for their input.  Trustee Gallucci said he was alright with the referral, if it is an application for the additional parking spaces.  Village Attorney Walter Sevastian explained the two requests can be dealt with at the same time.

 

Trustee Silverberg said he disagreed that the two issues (request for additional parking and the creation of more parking) are separate.   He directed the applicant should present the alternative parking plan to the Planning Board so that the Village Board could get input on the plan; and, also asked Tommy Temple to review the plan and submit a report regarding maintenance and any other issue that may arise.   If the Village Board has all the information in front of them, they can consider both issues when it comes back to public hearing.

 

Trustee Blomquist moved to schedule a public hearing for a Special Permit on July 15, 2014 at 8:00pm.   Trustee DeFeciani seconded the motion which carried by vote of 5 ayes and 0 nays.

 

Item #4 – Continue Discussion and Review of the 2014 Fiscal year end budget and actual for Police Department Budget and request for a new vehicle.

 

Mayor Sanders reported that at the last meeting the board left with some uncertainty with budget overages and collective bargaining agreement retro payouts, and the effect they had on the FYE ’14 budget.

Chief O’Shea reported he and the Village Clerk had reviewed the retro and raises and he believed the police budget was in good shape, not over budget.   He also said they had looked at the Police revenue lines which include the Police sales tax, film fees, traffic safety and the youth program.   He explained there are additional revenues expected to be received.

Discussion was held regarding the revenue portion of the budget.

 

Chief O’Shea requested to purchase a new vehicle with the remaining funds earmarked for police equipment, which will also be offset with the sale of the Chevy Impala.

 

Mayor Sanders reviewed the Vehicle replacement plan over the next 10 years.  He also explained the Village has not purchased vehicles for the Police Department over the past few years, as the latest vehicle replacements were received through grants or seizure funds.

 

Trustee Silverberg agrees that the Village should authorize the purchase of a new vehicle.

 

Trustee Gallucci, Jr. concurred with Trustee Silverberg and thinks it will be beneficial.

 

Trustee Blomquist said he thinks the most important thing is that Chief O’Shea is able to get around during storms and emergencies.

 

Trustee DeFeciani just wanted to note that the recent purchase of Police vehicles was funded thru grants or seizure funds and was not a cost to the Village of Piermont.  Chief O’Shea said he wanted to put an article in the newsletter explaining that the last three vehicles were purchased through grants or seizure funds to educate the public.

 

Trustee Gallucci moved to authorize the Chief O’Shea to purchase a 2014 Ford Explorer Interceptor at a cost not to exceed $35,000 out of 2014 fiscal year budget from county sales tax and auction of excess police vehicle.  Trustee Silverberg seconded the motion which carried by vote of 5 ayes and 0 nays.

Item #7 Discuss & Review minor renovations to the exterior of Village Hall

 

Trustee DeFeciani explained the Chamber of Commerce requested to beautify the exterior façade of Village Hall at the last Village Board Meeting.   Discussion was held to involve the

Village of Piermont Board of Trustees Minutes June 17, 2014

Page 5 of 9

 

Department of Public Works to provide minor repairs to the façade.  The Chamber of Commerce is going to donate planters and window boxes.

 

Tom Temple reported the Department of Public Works can install the new window which was already purchased.  They can paint the trim, pressure wash the building and remove the old telephone.

 

Item #8 Continue Discussion & Review Proposal from New NY Bridge for marking channel into Piermont

 

Mayor Sanders did not have any new material to review for the marking of the channel.  He reported that he requested more information from representatives from the TZ bridge group. Fire Chief Dan Goswick has received GPS positions so he can check the depths in the areas under discussion.  Mayor Sanders has also reached out to the New NY Bridge to accept liability regarding marking the channel and maintaining it while the construction continues and the Restricted Navigation Area is in place.   Mayor Sanders said that everyone is in agreement that there is a deep channel along the north edge of the pier.   What remains in question are the depths as you get towards the entrance to the marinas.   Mayor Sanders said that what they are requesting is a channel to provide access into the marinas.

 

Trustee DeFeciani pointed out there needed to establish a no-wake zone along the Pier channel.

 

Item #9 Resolution regarding the NYS DEC proposal for mitigation of invasive species in the Piermont Marsh

 

Mayor Sanders explained some board members had the opportunity to meet with the Piermont Marsh Alliance and the Piermont Marsh Conservancy. He said that, based upon the conversations from last meeting, that the Village does have an interest in the marsh for two reasons:

 

1)the marsh has significant protection to life and property from storm surge; and, 2) the marsh is a critical aesthetic resource both for residents and tourists, providing an economic benefit. He presented a resolution for the board’s consideration.  This resolution is meant ask representatives from New York State Parks and DEC to return to meet with the Village Board as well as representatives from the Village to begin to talk about what this mitigation plan will be moving forward.

 

Trustee DeFeciani asked if there is significant opposition from the residents, as well as from the board, can the DEC proceed with their plan.

 

Mayor Sanders explained even though there is significant opposition,  the marsh is State property and not property of the Village of Piermont.   As New York State Residents, individual Village residents can object.   This resolution is merely to reflect the fact that the Village has standing as a neighboring municipality and abutting property owner.

 

Trustee Blomquist thinks it’s necessary to keep this resolution general.

 

Trustee Gallucci expressed this is an ‘information gathering’ time and the proposed resolution gets the point across and represents the resident’s position.  He does not have any modifications.

 

Trustee Silverberg believes it necessary to remind the DEC that we are very interested in the project and that there are concerns with the plan and there is serious opposition to the use of herbicides.  He believes this is a good resolution needed to be drafted to oppose the use of herbicides.

 

Mayor Sanders would certainly forward this to Betsy Blair from NYS DEC and Ed McGowan NYS Parks and would look to schedule a meeting with them in September.

Trustee Silverberg suggested also sending a copy to Governor Cuomo.

Village of Piermont Board of Trustees Minutes June 17, 2014

Page 6 of 9

 

 

Regarding the Hudson River Estuary Habitat Restoration Program
in the Piermont Marsh

 

RESOLUTION
BOARD OF TRUSTEES

 

June 17th 2014

 

WHEREAS, the New York State Department of Environmental Conservation has granted the New York State Thruway Authority a permit, signed and dated March 25th 2013, “…to construct a new crossing of the Hudson River consisting of two parallel structures between Rockland County and Westchester County” and;

 

WHEREAS, the New York State Department of Environmental Conservation’s approval of this permit was contingent on compliance with the ECL Article 11, (Permit ID 3-9903-00043/00014) Effective Date, March 25, 2013; Expiration Date, March 24, 2019 and;

 

WHEREAS, upon the New York State Department of Environmental Conservation’s approval, the New York State Thruway Authority “…shall implement a Compensatory Mitigation Plan in accordance with the schedule in the approved plan” and;

 

WHEREAS, this “Compensatory Mitigation Plan” included the following:  “Wetlands Enhancement at Piermont Marsh – To implement a plan to enhance and restore Piermont Marsh that will reduce invasive species (primarily Phragmites)…” the control of Phragmites “will be implemented on approximately 200 acres through application of herbicide or other means with the goal, where practically achievable, of complete eradication from 90% of the project area while minimizing damages to native vegetation. Maintenance spraying will be performed over a five-year period as needed” and;

 

WHEREAS, in a letter dated September 17, 2013, to Thomas Rudolph, Acting Regional Director, Region 3 of the New York Stated Department of Environmental Conservation, the Village strongly requested that details of ANY plan involving the Piermont marsh be presented at a Public Meeting with the Board of Trustees of the Village of Piermont for its consideration, and subsequently hosted several meetings with representatives of the New York Stated Department of Environmental Conservation and New York State Parks Commission;

 

WHEREAS, credible scientific analysis provided to the Piermont Village Board supports the conclusion that the presence of Phragmites in the Piermont Marsh provides an important barrier to the damaging effect of storm surge and wave action that will inevitably threaten the Village in the future; so

 

THEREFORE BE IT RESOLVED, that the Piermont Village Board believes that  the Piermont Marsh, in its current condition, provides significant protection to life and property of Village residents from storm surge and wave action and;

 

The Piermont Village Board finds that the Piermont Marsh, in its current condition, is a critical aesthetic resource, providing significant economic benefit to the Village and abutting property owners, and plays a role in our tourist economy and;

 

The Piermont Village Board, as the governing body of the neighboring municipality and abutting property owner to the Piermont Marsh, strongly objects to the original “Compensatory Mitigation Plan”, and has a critical interest in the implementation of mitigation efforts in the Piermont Marsh, and demands to officially be involved with any further planning with regards to the Piermont Marsh

 

 

BE IT FURTHER RESOLVED, that the Village of Piermont notes the following findings with regards to the DEC’s original plan which effect subsequent plans for the management of Phragmites in the Piermont Marsh:

Village of Piermont Board of Trustees Minutes June 17, 2014

Page 7 of 9

 

–          There is significant opposition from Village residents with regards to the utilization of herbicides in controlling invasive species in the marsh

 

–          Although there seems to be a plan, including funding from the construction
of the new NY Bridge for the initial work in the Piermont Marsh, the Village strongly believes there needs to be a long-term management plan in the
marsh as part of any plan

 

The Village asks for representatives from the NYS DEC & NYS Parks to return to meet with the Board of Trustees, and representatives from Village stakeholder groups, to jointly develop a plan for the Piermont Marsh.

 

Moved to vote by Trustee Silverberg; Seconded by Trustee Gallucci Jr. Upon the vote this Resolution passed by unanimous assent.

 

Item 10 -Review of proposed Zoning legislation limiting the location of establishments serving alcohol on premises and buildings occupied as schools or places of worship

 

Village Attorney Walter Sevastian reported there is a provision in NY State Alcohol Beverage Control law that if someone applies for a liquor license and they are within 200 feet of a school or place of worship, they cannot obtain a liquor license.  This proposed legislation will mirror that language in our local law in the Village code.

 

In order to amend the code it would need to be referred the Planning Board and referred out to other interested agencies.

 

Trustee Silverberg would like to see it move forward.

 

Trustee DeFeciani moved to refer to the Planning Board   Trustee Blomquist seconded the motion which carried by a vote of 5 ayes and 0 nays.

 

Item #11-Request from Margie Turrin, LDEO Education Coordinator, to hold educational classes at the quad building at the end of the Pier.

 

Trustee DeFeciani moved to approve the request of Margie Turrin to hold ongoing educational classes at the Lamont Doherty Block building from June 17th, 2014 to June 16th, 2015. Trustee Gallucci Jr. seconded the motion, which was carried by a vote of 5 ayes 0 nays.

 

Item #12-Request from Carol Cameron to hold the Annual Summer Solstice Picnic at Parelli Park

Carol Cameron, co-coordinator of the Piermont Community Garden request to hold the annual Summer Solstice Picnic at Parelli Park on June 21, 2014 from 5:00pm to 10:00 pm.

 

Trustee Gallucci, Jr. moved to approve the annual Summer Solstice Picnic at Parelli Park on June 21, 2014 from 5:00pm to 10:00pm.  Trustee DeFeciani seconded the request which carried by vote 5 ayes 0 nays

 

Item #13-Authorize the Mayor to sign the MS4 Municipal Compliance Certification. 

Tom Temple reported this is an annual report which is on file and published on the Highway Department website.  This is an annual report regarding storm drain cleaning and illicit discharge.

 

Trustee Silverberg moved to authorize the Mayor to sign the MS4 Municipal Compliance Certification.  Trustee Gallucci Jr. seconded the motion which carried with by vote 5 ayes 0 nays

 

Item #14- Declare DPW 2003 Ford F-350 Surplus to be auctioned

Trustee Gallucci, Jr.  moved to declare the 2003 Ford 4-350 VIN #1FTSW31L03ED28074 as surplus and to be auctioned.  Trustee Blomquist seconded the motion which carried by a vote 5 ayes 0 nays.

Village of Piermont Board of Trustees Minutes June 17, 2014

Page 8 of 9

 

Item #15-SEQRA Resolution for the Northshore Walkway Seawall Repairs

 

Trustee Blomquist moved the following resolution.

 

RESOLUTION OF THE VILLAGE OF PIERMONT BOARD OF TRUSTEES REGARDING THE REPAIR OF THE NORTHSHORE WALKWAY

 

 

WHEREAS,  the Village Board of the Village of Piermont has applied to FEMA for 90% reimbursement of a portion of the Northshore Walkway damaged by Superstorm Sandy;

 

WHEREAS, the Village of Piermont has previously published notice of its intent to be Lead Agency for the purpose of a SEQRA review of the project;

 

WHEREAS, the NYSDEC has issued a jurisdictional determination that no permit is required from their office;

 

WHERAS, the Village Engineer has determined that the proposed repair work falls under an Army Corps of Engineers Nationwide Permit #3, which requires no preconstruction notification to the Corps of Engineers.

 

THEREFORE BE IT RESOLVED, that the Village Board of Trustees hereby establishes itself as the Lead Agency for the purpose of review of the proposed action under the provisions of the State Environmental Quality Review Act (SEQRA), and determines that a SEQRA Negative Declaration is determined with respect to the action in that the project to repair portions of the Northshore Walkway damaged by Superstorm Sandy will have no discernible adverse impact on the environment that cannot be mitigated; based upon the EAF and accompanying documentation prepared by the Village Engineer with respect to the project.

The motion was seconded by Trustee DeFeciani and so carried with a vote of 4 ayes 0 nays and 1 abstention by Trustee Gallucci.

 

Approval of Warrant

 

Trustee Blomquist moved to approve the Warrants in the amount of $ 372,176.84 as presented by the Village Clerk.  Trustee Gallucci Jr. seconded the motion, which was carried with a vote of 5-0.

 

Old/New Business

Village Attorney Walter Sevastian requested an executive session for pending litigation and personnel matters.

Village of Piermont Board of Trustees Minutes June 17, 2014

Page 9 of 9

 

Trustee DeFeciani requested to have the purchase of electronic tablets for the Village Board Trustees on the next village board meeting agenda July 15, 2014.

 

Trustee Silverberg wanted to remind the board there is a Scenic Hudson Task Force meeting open to the public this Thursday June 19th 2014, to get their input.

 

Mayor Sanders reported on the repairs to 13 marine and funding this through the 2014 budget. There were two items earmarked from a capital expenditure standpoint; the forward-looking radar for $17,000, and the motor repair which was about $15,000.  Subsequently we received reimbursement for the motor repair from our insurance in the amount of $12,000.  However there was an additional expenditure in the amount of $12,000 for installation and re-wiring for the forward-looking radar unit.  Mayor Sanders would like to fund the installation of the forward-looking radar and the re-wiring through the 2015 capital equipment budget and take the balance of the motor equipment repair for 13 marine and expense that in the FYE 2014 budge line for equipment repair.   Discussion was held by the Board.

 

Trustee Silverberg moved to approve the purchase of a Laptop using the remaining money on the Grant expenditure line at a cost not to exceed $1,000.  Trustee DeFeciani seconded and the motion was carried with a vote of 5 ayes and 0 nays.

 

Mayor Sanders reported that he had received a request to install a handicap swing in Kane Park by a resident who has a handicapped child.

 

Trustee Silverberg made a motion to purchase an ADA compliant swing at an amount not to exceed $350, to be installed in Kane Park.   The motion was seconded by Trustee Gallucci, Jr. and was so carried with a vote of 5 ayes and 0 nays.

 

Executive Session

 

Trustee Gallucci, Jr. moved to enter into Executive Session to discuss Pending Litigation and discussion on personnel compensation.  The motion was seconded by DeFeciani and the motion was carried with a vote of 5 ayes 0 nays.

 

Trustee Silverberg moved to exit Executive Session, which was seconded by Trustee Gallucci Jr. and upon vote the Board adjourned Executive Session.  The Village Clerk noted that no action was taken while in executive session.

 

Adjournment

Trustee Gallucci Jr. moved to adjourn the meeting at 10:15pm. Trustee Silverberg seconded the motion, which was carried with a vote of 5-0.

 

Respectfully submitted,

Stephanie Tassello

Clerk-Treasurer

 

May 27, 2014

INCORPORATED VILLAGE OF PIERMONT

BOARD OF TRUSTEES MEETING

May 27, 2014

 

Present:  Mayor Christopher Sanders, Deputy Mayor Mark Blomquist, Trustee Lisa DeFeciani, Trustee John Gallucci Jr.,   Stephanie Tassello- Clerk- Treasurer

 

Absent: Trustee Steven Silverberg and Village Attorney Walter Sevastian-Absent

 

 

Mayor Sanders called the meeting to order, and led the Pledge of Allegiance.

 

Public Comment

 

Margaret Grace announced the New York State Thruway Authority has installed GPS units on each barge which can be viewed on line. This adds additional security if a barge breaks loose it will sound an alarm.

 

Approval of Minutes

 

Since there was no quorum, this item was tabled to the next Village Board Meeting, July 17, 2014

 

Department Reports

 

POLICE

 

Chief O’Shea submitted his monthly report, and explained they have been successful with the inspections of Commercial Vehicles on 9W.  He also reported that recently they have had a number of domestic violence arrests.  He requested to reschedule the annual Safety Day to June 12, 2014 and asked permission to close the pier to motor vehicle traffic to ensure the safety of all the students.

 

Trustee Blomquist moved to close the pier from 9am to 2pm on June 12, 2014 for safety day.  Trustee Gallucci Jr. seconded the motion which carried by vote 4-0

 

Mayor Sanders asked Chief O’Shea to work with Sylvia Welch to check into a Police Grant for the replacement of the Message Board.

 

DPW

 

DPW Superintendent Tom Temple-absent

 

Fire Dept.

Chief Cavanaugh – absent

 

Building Dept.

Building Inspector Charles Schaub-absent

Review Fiscal 2014 YTD Police Department Budget

Chief O’Shea reviewed his Year to Date Police Budget explaining the Sales Tax Revenue for the Police Department is solely earmarked for purchases of Police Equipment.  He reports to have a balance of $27,000 and is requesting to use this balance for the purchase of an additional police SUV.  He explained his current vehicle is not sufficient or safe during any storm and he needs a vehicle with 4-wheel drive.  This request will also include the surplus of his current vehicle valued between $8,000 and $10,000, to offset the cost of a new vehicle.

 

Mayor Sanders reviewed the Police Department budget and had additional questions.

It seems there are outstanding purchases and revenues that have not hit the budget and he would need further clarification as to allowable purchases that are earmarked for the Police Equipment.

Village of Piermont Board of Trustees Minutes May 27, 2014

Page 2 of 5

 

Trustee Gallucci Jr. understood the Police Sales Tax revenue must be earmarked towards anything but Police Salaries; he suggested reviewing the purchases earmarked for Police Equipment.

 

Mayor Sanders tabled this to the next Village Board meeting on June 17th, 2014 for further discussion and review.

 

Trustee Blomquist explained the Fire Department equipment repair line went over budget primarily due to the repairs to the Pumper and the ambulance, which were both eventually surplus and replaced.  He explained the engine on 13-Marine recently failed and would need to be replaced.  He received an estimate of $14,000 on State Bid and asked for this to be included on the 2014-2015 Capital Budget.

 

Continue Discussion on proposed 2014-2015 Capital Budget

Mayor Sanders reviewed the proposed 2014-2015 Capital Budget; which also included the engine for 13-Marine.

 

Trustee Blomquist commented the proposed Fire Department Capital line needs include the replacement engine for 13-Marine, which should also be included the Fire Department Equipment Bond Resolution.

 

Mayor Sanders moved to item 8 on the agenda.

 

Bond Resolution – $99,000, Tax Certiorari

Trustee Gallucci Jr. made a motion to adopt a Bond Resolution in the amount of $99,000 for Tax Certiorari. The motion was seconded by Trustee Blomquist, which carried a Vote 4-0.

 

Bond Resolution – $135,000-Cyncon Municipal Tractor

Trustee Gallucci Jr. made a motion to adopt a Bond Resolution in the amount of $135,000 for the Cyncon Municipal Tractor. The motion was seconded by Trustee DeFeciani, which carried a Vote 4-0.

 

Bond Resolution – $65,500, Fire Department Equipment

Trustee Blomquist made a motion to adopt a Bond Resolution in the amount of $65,500 for Fire Department Equipment. The motion was seconded by Trustee Gallucci, which carried a Vote 4-0.

 

Review Proposal from the Town of Orangetown for repairs to the Containment Wall located at the Eleanor Stroud Skating Pond

Mayor Sanders reported this project is proposed by the Town of Orangetown Department of Public Works to reduce the size of the containment wall located at the skating pond.  He contacted the Village Engineer who explained the proposal has details missing and would need to be initially reviewed by the Planning Board.

 

Review Village Board Meetings balance of 2014.

Mayor Sanders confirmed the balance of 2014 Board Meetings, scheduled for the following Tuesdays;

September 2nd & 23rd

October 7th & 21st

November 4th & 18th

December 2nd & 16th, 2014

 

Authorize the Mayor to enter into Agreement with Cornell University

Trustee DeFeciani moved to authorize the Mayor to enter into agreement with Cornell cooperative Extension with reference to EPA Phase 2 Stormwater Regulations at a cost of $800.00.  Trustee Gallucci Jr. seconded the motion which carried by vote 4-0

 

Amend Date of Public Hearing for Piermont Pub/Pizza to amend Special Permit to allow outdoor seating

Village of Piermont Board of Trustees Minutes May 27, 2014

Page 3 of 5

 

Trustee Blomquist moved to change the scheduled public hearing to July 15, 2014 at 7:45pm.  Trustee DeFeciani seconded the motion which carried by vote 4-0

 

Request from Kathleen Rowedder an art teach at the Tappan Zee High School to hold a Plein Air Painting workshop for her students on the Pier

Kathleen Rowedder an art teacher at the Tappan Zee High School requested to change the previous scheduled date to May 30th, 2014

 

Trustee Gallucci Jr.  moved to approve the date change of the Tappan Zee High School Class Trip to the Pier to May 30, 2014 from 9:30am to 1:45pm.  Trustee DeFeciani seconded the request which carried by vote 4-0

 

Request from the Clearwater and Schooner Mystic Whaler to dock October 2nd thru October 5th, 2014

 

The Clearwater and Schooner Mystic Whaler requested permission to dock at the end of the Pier and to hold “Classroom of the Waves” educational program.

 

Trustee Blomquist moved to approve the Clearwater and Schooner Mystic Whaler boat to dock at the end of the Pier on September 26th thru September 29th and October 2nd thru October 5th, 2014.  Trustee Gallucci Jr. seconded the motion, which carried by a vote 4-0.

 

Proposal from the New NYBridge for marking a channel into Piermont

Mayor Sanders and Trustee Blomquist recently attended a meeting with representatives from the NY TZ Bridge, along with Brian Conybeare representing Governor Cuomo’s office, to discuss dredging a channel into Piermont.  As part of the TZ Bridge project they were asked to map the shallows along the river and discovered an existing channel, which runs eastward along the Pier to the main channel, maintaining a minimum depth of 5’.  They are proposing to install lighted markers to identify the Channel but once installed they may need to be maintained by the Village of Piermont.  This proposal will need to be reviewed by the Village Attorney, Walter Sevastian

 

Trustee Blomquist expressed concern with the Village maintain the markers. His concern is the possibility of the markers moving from their location, and not being able to put them back from where they were initially placed.

 

Trustee Gallucci Jr. commented he would not have a problem with the Village maintaining the markers, however in the event the markers move it may be the responsibility of the Village to maintain the positioning of the markers.

 

Mayor Sanders tabled this to the next Village Board meeting June 17, 2014 for further discussion and review.

 

Review proposal from Korn Rosenbaum LLP to provide accounting Services

 

Village Clerk Stephanie Tassello reported there are no changes in the annual agreement.

 

Trustee Blomquist moved to approve entering into an agreement with Korn Rosenbaum LLP to provide accounting services for FYE 2014 in the amount of $9,500.  Trustee DeFeciani seconded the motion which carried by a vote 4-0

 

Village Hall Vacation Day Carry over

 

Sylvia Carbonell requested to carry over 5 Vacation days.

 

Trustee Gallucci Jr. moved to approve Sylvia Carbonell to carry over 5 Vacation Days to be used within 90 days.  The motion was seconded by Trustee Blomquist and upon vote the motion carried.

 

Village of Piermont Board of Trustees Minutes May 27, 2014

Page 4 of 5

 

Resolution in support of a CFA application to NYS DOS to update LWRP

RESOLUTION-0527-2014

 

I, Stephanie Tassello, the duly qualified and acting Clerk of the Incorporated Village of Piermont, New York, do hereby certify that the following resolution was adopted at a regular meeting of the Board of Trustees held on May 27, 2014 and is incorporated in the original minutes of said meeting, and that said resolution has not been altered, amended or revoked and is in full force and effect.

 

RESOLVED:

 

Whereas:  In the Spring of 2012, the Village of Piermont initiated the process to update its 1992 LWRP to align its policies and programs with recent economic, social and physical changes, and develop a guide for the next 20+ years, and appointed stakeholder task forces to study sections of the village and to elicit public input on existing LWRP policies and participate in visioning for the future Piermont, but Sandy stopped this process as Village officials, staff, residents and business owners concentrated  on recovery; and

 

Whereas:  As part of recovery planning for the long-term and taking into account the potential impact of predicted sea level rise, the Village of Piermont is in partnership with Scenic Hudson to produce a reassessment of assets and resources and make recommendations for resiliency strategies in a Waterfront Adaptation Vision that reduces risks to infrastructure and property from sea level rise, enables economic revitalization and conserves coastal natural resources, and appointed a stakeholder Sea Level Rise/Waterfront Adaption Task Force to work with Scenic Hudson towards this end; and

 

 

Whereas:  The Village of Piermont intends to complete the LWRP update process with a focus on resiliency planning that will provide the flexibility to address post-Sandy issues and keep Piermont a vibrant, viable community; and

 

Whereas:  The public has supported the update of the LWRP, and has made its support known; and

 

Whereas, New York State through the Consolidated Funding Application Program has

provided funding to advance the Village of Piermont’s plans for the revitalization of the village; and

 

 Whereas,  The Village of Piermont deems it to be in the public interest and benefit under to authorize and direct Christopher Sanders, as Mayor of the Village of Piermont, New York, to file an application for funds to the New York State Department of State.

 

NOW, THEREFORE, BE IT RESOLVED BY – The Board of Trustees of the Village of Piermont:

1. That Christopher Sanders, as Mayor, is hereby authorized to file an application for funding in support of the update to the LWRP; and

 

2. That the Village of Piermont agrees that it will fund its portion of the cost of the Project and that funds will be available to initiate the Project’s work upon execution of a contract with New York State Department of State.

Trustee DeFeciani moved this resolution and Trustee Gallucci Jr. seconded the motion which carried by vote 4-0

 

Approval of Warrant

Trustee Blomquist moved to approve the Warrants in the amount of $ 186,215.81 as presented by the Village Clerk.  Trustee Gallucci Jr. seconded the motion, which was carried with a vote of 4-0.

 

Old/New Business

Trustee DeFeciani attended a meeting with the Piermont Marsh Alliance. Afterwards she came across an open bill in the NYS Assembly, sponsored by Senator Borelli, regarding the eradication of Phragmites.  Right now the proposed bill regarding eradication of the Phragmites is on hold.

 

Village of Piermont Board of Trustees Minutes May 27, 2014

Page 5 of 5

 

Trustee DeFeciani also reported the Scenic Task Force has asked if the Village has an emergency response plan in case of an emergency.  They had discussed implementing a plan, which would include small groups within neighborhoods to set up as watch dogs.  She suggested scheduling a meeting with the Fire Department/ DPW Department and the Police Department to implement a strategic plan.

 

She also discussed a meeting she had with the Chamber of Commerce to have the DPW begin minor renovations to Village Hall.

 

Mayor Sanders tabled this to the next Village Board Meeting July 17, 2014 to discuss details with DPW Superintendent Tom Temple

 

Trustee Blomquist reported the Fire Departments withdrew their request to transfer the PAL Van from the Police Department to the Fire Department

 

Mayor Sanders reported he and Deputy Mayor Blomquist had a meeting with the Piermont March Alliance, which they had expressed their opinions and concerns.

 

Mayor Sanders questioned the status of the repairs to the North Shore Walkway.  The Village Clerk reported that the Village is still waiting for final approval from FEMA, she explained the project cannot begin until it is approved by FEMA, and was advised the project would not be reimbursed by FEMA if it starts before being approved.  The Village Clerk will follow up with FEMA to check on the status.

 

Executive Session

 

Trustee Gallucci Jr. moved to enter into Executive Session to discuss Pending Litigation and discussion on personnel compensation.  The motion was seconded by DeFeciani and the motion was carried with a vote of 4-0.

 

Trustee Gallucci Jr. DeFeciani moved to exit Executive Session, which was seconded by Trustee   DeFeciani and upon vote the Board adjourned Executive Session.

 

Adjournment

Trustee Gallucci Jr. moved to adjourn the meeting at 9:27pm. Trustee DeFeciani seconded the motion, which was carried with a vote of 4-0.

 

Respectfully submitted,

Stephanie Tassello

Clerk-Treasurer

May 13, 2014

 INCORPORATED VILLAGE OF PIERMONT

BOARD OF TRUSTEES MEETING

May 13, 2014

 

Present:  Mayor Christopher Sanders, Trustee Lisa DeFeciani, ,  Trustee Steven Silverberg, Walter Sevastian, Esq.-Village Attorney, Stephanie Tassello- Clerk- Treasurer

 

Absent: Deputy Mayor Blomquist, Trustee John Gallucci Jr.

Mayor Sanders called the meeting to order, and led the Pledge of Allegiance.

 

Public Comment

Susan Cohen, a resident of Piermont, questioned the board what the new permitted hours for construction on the weekend

 

Building Inspector Charles Schaub explained the permitted hours are Saturday from 9:00am to 5:00pm and Sunday from 12:00pm to 5:00pm.

 

Ray Icobelli, representing the Blauvelt Lions Club, requested permission to hold the annual Blauvelt Lions Applefest in Flywheel Park on Sunday, September 28th 2014 and asked the board to declare it a Village Sponsored event.

 

Trustee Silverberg moved to approve the Blauvelt Lions Club Applefest on September 28, 2014 as a Village Sponsored Event.  Trustee DeFeciani seconded the motion which carried by vote 3-0

 

Matthew Smith a resident of Piermont reported the Riverkeepers Sweep held a clean up on May 10, 2014 which was a success, he reported over 40 volunteers assisted with collecting 65 bags of garbage.  They are tentatively going to hold another clean-up event in the fall.

 

Phil Gossett, residing at the William Yuda Condos, explained he has an issue with the sidewalk ramps at the William Yuda Condos.  He explained the ramps have a steep incline which he struggles going up and down the ramp.  Due to the steep incline he has fallen out of his wheel chair several times.  He has contacted the property owner but the property owner has taken no action to rectify this dangerous condition.  He stated that the William Yuda Condos are HUD funded, and he has filed a federal action against the property owner.  He asked the board if there is anything they can do to help.

Mayor Sanders explained the Condos and surrounding property is privately owned and the Village does not provide improvements to private property – it is the responsibility of the landlord.

 

Village Attorney Walter Sevastian suggested for Mr. Gossett to continue to follow through with filing a federal action as it is the best solution to resolving this issue.  The Village is not obligated to resolve issues on private property.

 

Trustee DeFeciani offered to contact the property owner to discuss this issue in support of Mr. Gossett’s requests.

 

Approval of Minutes

Trustee DeFeciani moved to approve the minutes from the April 29, 2014 meeting of the Board of Trustees.  Trustee Silverberg seconded the motion, which carried by a vote 3-0.

 

Department Reports

 

POLICE

Chief O’Shea-absent-

Mayor Sanders received a request from Chief O’Shea regarding the purchase of a new vehicle. This discussion was tabled to the next Village Board meeting, May 27, 2014, to review the YTD Police Department Budget due to the absence of Chief O’Shea.

 

 

 

Village of Piermont Board of Trustees Minutes May 13, 2014

Page 2 of 5

 

DPW

DPW Superintendent Tom Temple turned in his monthly report and the DPW is getting ready for Memorial Day.

 

Fire Dept.

Chief Cavanaugh – absent

 

Building Dept.

Building Inspector Charles Schaub reported he received applications for the annual special permit for Cornetta’s and the Farmers Market.

Review proposal from the Piermont Chamber of Commerce on the beautification of the exterior of Village Hall

 

Jo Machinist introduced herself and Laura Strauss as members of the beautification committee on the Piermont Chamber of Commerce.  She explained last year they raised money to enhance the planters along Piermont Avenue, this year they would like to partner with the Village of Piermont to do minor renovations to the façade of Village Hall.  This would include repainting all the white trim in front of building, adding new display cases, new flower boxes around the windows, power washing the façade, and performing minor repairs to the bricks.  She received an estimate of $6,500 from a contractor for the renovations.   They are holding another fundraiser to pay for part of the renovations.

 

Laura Strauss commented the chamber had recently formed the beautification committee which they have received overwhelming support and would like to continue with it.  Last year they enhanced the planters and would like to continue the beautification of Piermont.

 

Mayor Sanders expressed concern with partnering with the Piermont Chamber of Commerce for this project; he explained it is Village owned property subject to the Village’s maintenance schedule.

 

Village Attorney Walter Sevastian explained this is a Public Works Project and would have to follow the procurement policy; however the Village can accept donations earmarked for a particular project.

 

Trustee Silverberg agreed with Village Attorneys recommendation

 

Trustee DeFeciani will meet with the Piermont Chamber of Commerce to continue the discussion on the renovations of Village Hall.

 

Continue Discussion on Storm/Sewer Drain issue on Route 9W

Mayor Sanders reported he received a draft written letter from the Village Consultant Engineer Ken DeGennaro on behalf of the Village of Piermont notifying the NYS DOT of the storm/sewer drain issue on Route 9W.

 

Village Attorney Walter Sevastian explained the Village is taking action by sending the letter and is putting the DOT on notice regarding the dangerous condition of the storm/sewer drain.  He also suggested copying the commissioner of DOT and Assemblywoman Ellen Jaffe.

 

Mayor Sanders also has additional pertinent information he will enclose with the copy to Assemblywoman Ellen Jaffe and the commissioner of DOT.

 

Public Hearing (7:45) for Special Permit for Carolyn Winter to Convert a Single Family Dwelling to a Two Family Dwelling

 

Trustee Silverberg asked for a motion to open the Public Hearing for converting a one family dwelling to a two family dwelling.  Trustee DeFeciani seconded the motion and upon vote the Public Hearing was opened.

Village of Piermont Board of Trustees Minutes May 13, 2014

Page 3 of 5

 

Village Attorney Sevastian stated that this was an application seeking approval under Chapter 1.49 of the Village Code for a temporary conversion of a Single Family Dwelling to a Two Family Dwelling. Chapter 1.49 requires a Public Hearing for considering this special permit application. The Village Attorney prepared a resolution for the Board. The Planning Board, Zoning Board, and Building and Fire Inspectors all approved this. The planning and zoning board approved it with a condition if there is a change in ownership, then this would be void, it would also need to be renewed annually.

 

Carolyn Winter explained to the Board that she would like to temporarily convert a one family house to a two family house. There was no additional square footage added, there is no need to for variances, and there is plenty of parking.

 

No Public Comment

 

Trustee Silverberg said it meets all the requirements

 

Trustee DeFeciani moved to close the Public Hearing.  Trustee Silverberg seconded the motion and upon vote the Public Hearing was closed.

 

RESOLUTION OF THE VILLAGE OF PIERMONT BOARD OF TRUSTEES

 

SPECIAL PERMIT REQUEST – 50 Franklin Street – 75.46.1.21.3 (the “premises”)

 

WHEREAS, Carolyn Winter (the “Applicant”) has, at the direction of the Piermont Building Inspector, filed an application for a Special Permit under Village Code Chapter 149, seeking approval from the Village Board for the temporary conversion of the existing one-family dwelling at the premises into a two family dwelling (a copy of the Applicant’s narrative submitted in support of the application is attached hereto and made a part hereof).

 

WHEREAS, The premises are located in the R-15 Zoning District;

 

WHEREAS, the Special Permit Application, as required under Village Code Chapter 149, was referred for comment to the Planning Board, Zoning Board, and Building and Fire Inspectors;

 

WHEREAS, recommendations for approval of the application submitted back from those departments are attached hereto and made a part hereof;

 

WHEREAS, the Board of Trustees held a public hearing on the application at its regularly scheduled meeting held on May 14, 2014;

 

WHEREAS, the Village Board took testimony and public comment regarding the application at said meeting;

 

THEREFORE BE IT RESOLVED that the Piermont Village Board of Trustees hereby establishes itself as the Lead Agency for the purpose of review of the proposed action under the provisions of the State Environmental Quality Review Act (SEQRA);

 

BE IT FURTHER RESOLVED that the Village Board of Trustees undertakes a SEQRA review of the proposed Special Permit renewal application and finds as follows:

 

  1.             That the Special Permit renewal application is a Type II Action under NYCRR 617.5 (19), requiring no further action by the Village Board.

 

BE IT FURTHER RESOLVED, that the application for a Special Permit for the temporary conversion of 50 Franklin Street from a one-family dwelling to a two-family dwelling is hereby approved, with the following conditions:

 

a.  The Special Permit shall be specific to Carolyn Winter’s application, and shall not be tied to the property.  The Special Permit shall lapse and be void in the event of a change in ownership or occupancy of the premises.

Village of Piermont Board of Trustees Minutes May 13, 2014

Page 4 of 5

 

b.  The Special Permit shall be renewed annually in accord with the provisions of the Village Code relating to Special Permit renewals.

 

 

 

This resolution was moved by Trustee Silverberg and seconded by Trustee DeFeciani. Upon vote the motion carried unanimously.

 

Request from Kathleen Rowedder an art teach at the Tappan Zee High School to hold a Plein Air Painting workshop for her students on the Pier

Kathleen Rowedder an art teacher at the Tappan Zee High School requested to hold a Plein Air Painting workshop for her students on the Pier May 16, 2014 from 9:30am to 1:45pm.

 

Trustee Silverberg moved to approve Tappan Zee High School Class Trip to the Pier for a Plein Air Painting Workshop on Friday May 16, 2014 from 9:30am to 1:45pm.  Trustee DeFeciani seconded the request which carried by vote 3-0

Continued Discussion on proposed 2014-2015 Capital Budget

Tommy Temple submitted a proposal to purchase a new message trailer; he explained the DPW message trailer was totaled by hurricane sandy.

Mayor Sanders tabled this to May 27, 2014 Village Board Meeting due to the absence of deputy Mayor Mark Blomquist and Trustee Gallucci Jr.  

 

Review Ban Rates for $625,000 Multipurpose Ban

Village Clerk Stephanie Tassello received the following bid results;

Putnam County Savings Bank 0.7000%

Roosevelt & Cross, Inc. 1.0307%

Samuel Ramirez & Co., Inc. 1.3733%

Oppenheimer & Co., Inc. 1.5810%

M & T Bank    1.660%

 

Trustee DeFeciani made a motion to award Putnam County Savings Bank bid at 0.7000% on the Multipurpose Ban in the amount of $625,000.  Trustee Silverberg seconded the motion, which was carried by a vote of 3-0.

 

Bond Resolution – $135,000-Cyncon Municipal Tractor

 

Mayor Sanders tabled this to May 27, 2014 Village Board Meeting due to the absence of deputy Mayor Mark Blomquist and Trustee Gallucci Jr.  

 

Bond Resolution – $45,500, Fire Department Equipment

Mayor Sanders tabled this to May 27, 2014 Village Board Meeting due to the absence of deputy Mayor Mark Blomquist and Trustee Gallucci Jr.

 

Bond Resolution – $99,000, Tax Certiorari

Mayor Sanders tabled this to May 27, 2014 Village Board Meeting due to the absence of deputy Mayor Mark Blomquist and Trustee Gallucci Jr.

 

Authorize Mayor to enter into agreement with Lamb & Barnosky LLP

 

Trustee Silverberg moved to authorize the Mayor to enter into agreement with Lamb & Barnosky LLP.  Trustee DeFeciani seconded the motion which carried by vote 3-0.

 

Approval of Warrant

Trustee DeFeciani moved to approve the Warrants in the amount of $ 626,868.01 as presented by the Village Clerk.  Trustee Silverberg seconded the motion, which was carried with a vote of 3-0.

Village of Piermont Board of Trustees Minutes May 13, 2014

Page 5 of 5

 

Old/New Business

Village Attorney Walter Sevastian requested an executive session for pending litigation and personnel matters.

 

Trustee DeFeciani was recently contacted by the Piermont Marsh Alliance asking her to attend a meeting regarding the eradication of the phragmities which she plans on attending.

 

Trustee Silverberg reported he is attending another Scenic Hudson Task Force Meeting Thursday May 15th which they will being a walk around marking areas prone to flooding.

 

Mayor Sanders confirmed he received confirmation that a surveyor from the Village Engineer has identified elevations at the base of utility poles, to provide good reference points for potential future flooding.

Mayor Sanders reported he drafted a letter to residents requesting their email address to broadcast general municipal information, as well as time- sensitive information.  He also received a request from the Schooner Mystic Whaler for permission to dock at the end of the Pier on June 16th thru June 17th, 2014.

 

Trustee DeFeciani moved to approve the Mystic Whaler boat to dock at the end of the Pier on June 16th thru June 17th. 2014.  Trustee Silverberg seconded the motion which carried by vote 3-0.

Mayor Sanders also received notification from the Community Development Block Grant denying the Village’s request for improvements to the Handicap ramp located at the Community Center.

 

Executive Session

 

Trustee Silverberg moved to enter into Executive Session to discuss Pending Litigation and discussion on personnel compensation.  The motion was seconded by DeFeciani and the motion was carried with a vote of 3-0.

 

Trustee Silverberg moved to exit Executive Session, which was seconded by Trustee DeFeciani and upon vote the Board adjourned Executive Session.  The Village Clerk noted that no action was taken while in executive session.

 

Trustee Gallucci Jr. entered the meeting during Executive Session

 

Trustee Silverberg moved to authorize Mayor Sanders to attach amended Schedule A to employee contracts according to approved Budgets.  Trustee DeFeciani seconded the motion which carried by vote 4-0

 

Trustee Silverberg moved to approve Mayor Sanders signing Justice Court Clerk’s Employee Letter of Understanding as amended for the Fiscal Year 2014/ 2015.  Trustee DeFeciani seconded the motion which carried by vote 4-0

 

Adjournment

Trustee Gallucci Jr. moved to adjourn the meeting at 9:15pm. Trustee DeFeciani seconded the motion, which was carried with a vote of 4-0.

 

Respectfully submitted,

Stephanie Tassello

Clerk-Treasurer

May 13, 2014

 INCORPORATED VILLAGE OF PIERMONT

BOARD OF TRUSTEES MEETING

May 13, 2014

 

Present:  Mayor Christopher Sanders, Trustee Lisa DeFeciani, ,  Trustee Steven Silverberg, Walter Sevastian, Esq.-Village Attorney, Stephanie Tassello- Clerk- Treasurer

 

Absent: Deputy Mayor Blomquist, Trustee John Gallucci Jr.

Mayor Sanders called the meeting to order, and led the Pledge of Allegiance.

 

Public Comment

Susan Cohen, a resident of Piermont, questioned the board what the new permitted hours for construction on the weekend

 

Building Inspector Charles Schaub explained the permitted hours are Saturday from 9:00am to 5:00pm and Sunday from 12:00pm to 5:00pm.

 

Ray Icobelli, representing the Blauvelt Lions Club, requested permission to hold the annual Blauvelt Lions Applefest in Flywheel Park on Sunday, September 28th 2014 and asked the board to declare it a Village Sponsored event.

 

Trustee Silverberg moved to approve the Blauvelt Lions Club Applefest on September 28, 2014 as a Village Sponsored Event.  Trustee DeFeciani seconded the motion which carried by vote 3-0

 

Matthew Smith a resident of Piermont reported the Riverkeepers Sweep held a clean up on May 10, 2014 which was a success, he reported over 40 volunteers assisted with collecting 65 bags of garbage.  They are tentatively going to hold another clean-up event in the fall.

 

Phil Gossett, residing at the William Yuda Condos, explained he has an issue with the sidewalk ramps at the William Yuda Condos.  He explained the ramps have a steep incline which he struggles going up and down the ramp.  Due to the steep incline he has fallen out of his wheel chair several times.  He has contacted the property owner but the property owner has taken no action to rectify this dangerous condition.  He stated that the William Yuda Condos are HUD funded, and he has filed a federal action against the property owner.  He asked the board if there is anything they can do to help.

   

Mayor Sanders explained the Condos and surrounding property is privately owned and the Village does not provide improvements to private property – it is the responsibility of the landlord.   

 

Village Attorney Walter Sevastian suggested for Mr. Gossett to continue to follow through with filing a federal action as it is the best solution to resolving this issue.  The Village is not obligated to resolve issues on private property.

 

Trustee DeFeciani offered to contact the property owner to discuss this issue in support of Mr. Gossett’s requests.

 

Approval of Minutes

Trustee DeFeciani moved to approve the minutes from the April 29, 2014 meeting of the Board of Trustees.  Trustee Silverberg seconded the motion, which carried by a vote 3-0.

 

Department Reports

 

POLICE

Chief O’Shea-absent-

Mayor Sanders received a request from Chief O’Shea regarding the purchase of a new vehicle. This discussion was tabled to the next Village Board meeting, May 27, 2014, to review the YTD Police Department Budget due to the absence of Chief O’Shea.

 

 

 

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DPW

DPW Superintendent Tom Temple turned in his monthly report and the DPW is getting ready for Memorial Day.

 

Fire Dept.

Chief Cavanaugh – absent

 

Building Dept.

Building Inspector Charles Schaub reported he received applications for the annual special permit for Cornetta’s and the Farmers Market. 

Review proposal from the Piermont Chamber of Commerce on the beautification of the exterior of Village Hall

 

Jo Machinist introduced herself and Laura Strauss as members of the beautification committee on the Piermont Chamber of Commerce.  She explained last year they raised money to enhance the planters along Piermont Avenue, this year they would like to partner with the Village of Piermont to do minor renovations to the façade of Village Hall.  This would include repainting all the white trim in front of building, adding new display cases, new flower boxes around the windows, power washing the façade, and performing minor repairs to the bricks.  She received an estimate of $6,500 from a contractor for the renovations.   They are holding another fundraiser to pay for part of the renovations.

 

Laura Strauss commented the chamber had recently formed the beautification committee which they have received overwhelming support and would like to continue with it.  Last year they enhanced the planters and would like to continue the beautification of Piermont. 

 

Mayor Sanders expressed concern with partnering with the Piermont Chamber of Commerce for this project; he explained it is Village owned property subject to the Village’s maintenance schedule.

 

Village Attorney Walter Sevastian explained this is a Public Works Project and would have to follow the procurement policy; however the Village can accept donations earmarked for a particular project. 

 

Trustee Silverberg agreed with Village Attorneys recommendation

 

Trustee DeFeciani will meet with the Piermont Chamber of Commerce to continue the discussion on the renovations of Village Hall.

 

Continue Discussion on Storm/Sewer Drain issue on Route 9W

Mayor Sanders reported he received a draft written letter from the Village Consultant Engineer Ken DeGennaro on behalf of the Village of Piermont notifying the NYS DOT of the storm/sewer drain issue on Route 9W.

 

Village Attorney Walter Sevastian explained the Village is taking action by sending the letter and is putting the DOT on notice regarding the dangerous condition of the storm/sewer drain.  He also suggested copying the commissioner of DOT and Assemblywoman Ellen Jaffe.

 

Mayor Sanders also has additional pertinent information he will enclose with the copy to Assemblywoman Ellen Jaffe and the commissioner of DOT.

 

Public Hearing (7:45) for Special Permit for Carolyn Winter to Convert a Single Family Dwelling to a Two Family Dwelling

 

Trustee Silverberg asked for a motion to open the Public Hearing for converting a one family dwelling to a two family dwelling.  Trustee DeFeciani seconded the motion and upon vote the Public Hearing was opened.

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Village Attorney Sevastian stated that this was an application seeking approval under Chapter 1.49 of the Village Code for a temporary conversion of a Single Family Dwelling to a Two Family Dwelling. Chapter 1.49 requires a Public Hearing for considering this special permit application. The Village Attorney prepared a resolution for the Board. The Planning Board, Zoning Board, and Building and Fire Inspectors all approved this. The planning and zoning board approved it with a condition if there is a change in ownership, then this would be void, it would also need to be renewed annually. 

 

Carolyn Winter explained to the Board that she would like to temporarily convert a one family house to a two family house. There was no additional square footage added, there is no need to for variances, and there is plenty of parking. 

 

No Public Comment

 

Trustee Silverberg said it meets all the requirements

 

Trustee DeFeciani moved to close the Public Hearing.  Trustee Silverberg seconded the motion and upon vote the Public Hearing was closed.

 

RESOLUTION OF THE VILLAGE OF PIERMONT BOARD OF TRUSTEES

SPECIAL PERMIT REQUEST – 50 Franklin Street – 75.46.1.21.3 (the “premises”)

WHEREAS, Carolyn Winter (the “Applicant”) has, at the direction of the Piermont Building Inspector, filed an application for a Special Permit under Village Code Chapter 149, seeking approval from the Village Board for the temporary conversion of the existing one-family dwelling at the premises into a two family dwelling (a copy of the Applicant’s narrative submitted in support of the application is attached hereto and made a part hereof).

WHEREAS, The premises are located in the R-15 Zoning District;

WHEREAS, the Special Permit Application, as required under Village Code Chapter 149, was referred for comment to the Planning Board, Zoning Board, and Building and Fire Inspectors;

WHEREAS, recommendations for approval of the application submitted back from those departments are attached hereto and made a part hereof;

WHEREAS, the Board of Trustees held a public hearing on the application at its regularly scheduled meeting held on May 14, 2014;

WHEREAS, the Village Board took testimony and public comment regarding the application at said meeting;

THEREFORE BE IT RESOLVED that the Piermont Village Board of Trustees hereby establishes itself as the Lead Agency for the purpose of review of the proposed action under the provisions of the State Environmental Quality Review Act (SEQRA);

BE IT FURTHER RESOLVED that the Village Board of Trustees undertakes a SEQRA review of the proposed Special Permit renewal application and finds as follows:

1.                              That the Special Permit renewal application is a Type II Action under NYCRR 617.5 (19), requiring no further action by the Village Board.

BE IT FURTHER RESOLVED, that the application for a Special Permit for the temporary conversion of 50 Franklin Street from a one-family dwelling to a two-family dwelling is hereby approved, with the following conditions:

a.  The Special Permit shall be specific to Carolyn Winter’s application, and shall not be tied to the property.  The Special Permit shall lapse and be void in the event of a change in ownership or occupancy of the premises.

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b.  The Special Permit shall be renewed annually in accord with the provisions of the Village Code relating to Special Permit renewals.

This resolution was moved by Trustee Silverberg and seconded by Trustee DeFeciani. Upon vote the motion carried unanimously.

 

Request from Kathleen Rowedder an art teach at the Tappan Zee High School to hold a Plein Air Painting workshop for her students on the Pier

Kathleen Rowedder an art teacher at the Tappan Zee High School requested to hold a Plein Air Painting workshop for her students on the Pier May 16, 2014 from 9:30am to 1:45pm.

 

Trustee Silverberg moved to approve Tappan Zee High School Class Trip to the Pier for a Plein Air Painting Workshop on Friday May 16, 2014 from 9:30am to 1:45pm.  Trustee DeFeciani seconded the request which carried by vote 3-0

Continued Discussion on proposed 2014-2015 Capital Budget

Tommy Temple submitted a proposal to purchase a new message trailer; he explained the DPW message trailer was totaled by hurricane sandy.

Mayor Sanders tabled this to May 27, 2014 Village Board Meeting due to the absence of deputy Mayor Mark Blomquist and Trustee Gallucci Jr.   

 

Review Ban Rates for $625,000 Multipurpose Ban

Village Clerk Stephanie Tassello received the following bid results;

Putnam County Savings Bank 0.7000%

Roosevelt & Cross, Inc. 1.0307%

Samuel Ramirez & Co., Inc. 1.3733%

Oppenheimer & Co., Inc. 1.5810%

M & T Bank    1.660%

 

Trustee DeFeciani made a motion to award Putnam County Savings Bank bid at 0.7000% on the Multipurpose Ban in the amount of $625,000.  Trustee Silverberg seconded the motion, which was carried by a vote of 3-0.

 

Bond Resolution – $135,000-Cyncon Municipal Tractor

 

Mayor Sanders tabled this to May 27, 2014 Village Board Meeting due to the absence of deputy Mayor Mark Blomquist and Trustee Gallucci Jr.   

 

Bond Resolution – $45,500, Fire Department Equipment

Mayor Sanders tabled this to May 27, 2014 Village Board Meeting due to the absence of deputy Mayor Mark Blomquist and Trustee Gallucci Jr.

 

Bond Resolution – $99,000, Tax Certiorari

Mayor Sanders tabled this to May 27, 2014 Village Board Meeting due to the absence of deputy Mayor Mark Blomquist and Trustee Gallucci Jr.

 

Authorize Mayor to enter into agreement with Lamb & Barnosky LLP

 

 Trustee Silverberg moved to authorize the Mayor to enter into agreement with Lamb & Barnosky LLP.  Trustee DeFeciani seconded the motion which carried by vote 3-0.

 

Approval of Warrant

Trustee DeFeciani moved to approve the Warrants in the amount of $ 626,868.01 as presented by the Village Clerk.  Trustee Silverberg seconded the motion, which was carried with a vote of 3-0.

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Old/New Business

Village Attorney Walter Sevastian requested an executive session for pending litigation and personnel matters.

 

Trustee DeFeciani was recently contacted by the Piermont Marsh Alliance asking her to attend a meeting regarding the eradication of the phragmities which she plans on attending.

 

Trustee Silverberg reported he is attending another Scenic Hudson Task Force Meeting Thursday May 15th which they will being a walk around marking areas prone to flooding.

 

Mayor Sanders confirmed he received confirmation that a surveyor from the Village Engineer has identified elevations at the base of utility poles, to provide good reference points for potential future flooding.

Mayor Sanders reported he drafted a letter to residents requesting their email address to broadcast general municipal information, as well as time- sensitive information.  He also received a request from the Schooner Mystic Whaler for permission to dock at the end of the Pier on June 16th thru June 17th, 2014.

 

Trustee DeFeciani moved to approve the Mystic Whaler boat to dock at the end of the Pier on June 16th thru June 17th. 2014.  Trustee Silverberg seconded the motion which carried by vote 3-0.

Mayor Sanders also received notification from the Community Development Block Grant denying the Village’s request for improvements to the Handicap ramp located at the Community Center.

 

Executive Session

 

Trustee Silverberg moved to enter into Executive Session to discuss Pending Litigation and discussion on personnel compensation.  The motion was seconded by DeFeciani and the motion was carried with a vote of 3-0.

 

Trustee Silverberg moved to exit Executive Session, which was seconded by Trustee DeFeciani and upon vote the Board adjourned Executive Session.  The Village Clerk noted that no action was taken while in executive session.  

 

Trustee Gallucci Jr. entered the meeting during Executive Session

 

Trustee Silverberg moved to authorize Mayor Sanders to attach amended Schedule A to employee contracts according to approved Budgets.  Trustee DeFeciani seconded the motion which carried by vote 4-0

 

Trustee Silverberg moved to approve Mayor Sanders signing Justice Court Clerk’s Employee Letter of Understanding as amended for the Fiscal Year 2014/ 2015.  Trustee DeFeciani seconded the motion which carried by vote 4-0

 

Adjournment

Trustee Gallucci Jr. moved to adjourn the meeting at 9:15pm. Trustee DeFeciani seconded the motion, which was carried with a vote of 4-0.

 

                                                                                               

                                                                                                           

Respectfully submitted,

Stephanie Tassello

Clerk-Treasurer

April 29, 2014

INCORPORATED VILLAGE OF PIERMONT

BOARD OF TRUSTEES MEETING

April 29, 2014

 

Present:  Mayor Christopher Sanders, Deputy Mayor Mark Blomquist, Trustee Lisa DeFeciani, Trustee John Gallucci  Jr.,  Trustee Steven Silverberg, Walter Sevastian, Esq.-Village Attorney, Stephanie Tassello- Clerk- Treasurer

 

Mayor Sanders called the meeting to order and led the Pledge of Allegiance.

 

Mayor Sanders acknowledged and dedicated this evening’s Board Meeting in Honor of the recent passing of a former Village Trustee and Chair- of the Planning Board, Mr. Charles Berger.

 

 

Public Comment

Stephen Olsen residing at 733 Route 9W South along with his neighbors, Mr & Mrs. Hediger, residing at 729 Route 9W South have come before the board because of the continuous flooding issues which recently taken out part of his retaining wall and hillside.  He stated the flow of the water begins on Tweed Blvd., flows down the mountain, across Route 9W onto his property.    He asked the board for a solution to the ongoing flooding issues.

 

Mr. Hediger also expressed concern regarding the constant flooding, which he believes is not just the normal run off. While the Village is diligent in maintaining the NYS storm drain; in a matter of a few minutes the debris builds up and the water comes down off the hill into the culvert collecting water from the North and South of 9W, floods the roadway, and continues down his combined driveway in waves.  Remediation is complex which involves the County of Rockland, Town of Orangetown, Village of Piermont and the NY StateDOT.

 

Mayor Sanders recalled that the Village of Piermont had re-engineered the Village’s storm drain system from the East side of 9W downhill, for the safety of the residents and adjacent properties.    He has constantly reached out to the State to ask that the DOT maintain its stormwater system. The Mayor now believes that the storm drain is not capable of withstanding the velocity of the water.

 

DPW Superintendent Tom Temple reported there is water run off from Tweed Boulevard from the North and South side into a poorly designed storm drain.

 

Ken DeGennaro, Village Consultant Engineer reported the NY State DOT installed a steep channel from Tweed towards 9W that is funneled into a field inlet about 5 years ago right after the Village did their stormwater system improvements.  He explained he was unaware the problem continued to exist; however, the area is susceptible to flash flooding and intense rain storms can carry large amount of leaves and debris.  He stated the biggest problem is the water flowing into the grate on the west side of 9W, which goes into a pipe. Once it overflows, it goes across 9W.  He explained the solution would be to install a better catch basin, and install another one on the east side of Route 9W to catch the overflow.  When he reached out to the NY StateDOT they had explained the system they had installed met the standard for a 25-year storm.

 

Mayor Sanders recalled his meeting with the NY State DOT they committed to install a stilling basin to address debris from the hillside.

 

Ken DeGennaro explained they had installed a standard catch basin, not a stilling basin. However, what they installed is not sufficient to handle the velocity of water in that area and they put stones in front of it to stop water from crossing 9W.  The DOT said the system was constructed to handle a 25-year storm, but it continues to flood frequently.

 

Mayor Sanders commented the Village of Piermont’s stormwater system, east of 9W, is adequate and working fine. Mayor Sanders questioned the Village Engineer as to what steps should be taken next to compel the State improve their stormwater system.

 

Ken DeGennaro replied the Village should contact the State DOT to let them know of the endangerment of the frequent flooding on Route 9W to the health, safety and welfare of the

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vehicular traffic.  He also suggested requesting them to construct and install proper drainage system to allow the water that is being received to enter the system and not overflow across 9W.

 

Mayor Sanders directed the Village Engineer to begin drafting a letter to the NY State DOT to address this serious flooding issue. 

 

Trustee Silverberg suggested the letter also be sent to the Village Attorney for review prior to sending to the NYS DOT.

 

Mr. Hediger referred to Mayor Sanders’ previous comment regarding the NY State DOT’s  installing a catch basin rather than what they committed to, installing a stilling basin.  He suggested following up with the DOT to make them comply with their agreement. He also expressed concern regarding the dangers of frequent flooding on Route 9W.

 

Mayor Sanders tabled this topic to the next Village Board Meeting on May 13, 2014 for further review.

 

Margaret Grace, a resident of Piermont, thanked the Mayor and the Board for acknowledging former Trustee and Chair to the Planning Board, Mr.  Charles Berger.  She also noted Mr. Berger was a prominent force behind the development of Piermont Landing.  He also helped in shaping the Village into what it is today. 

 

Margaret Grace also reported that the Piermont Community Dog Run is holding a Spring Meet on Friday May 4th from 5pm to 7pm.   Piermont Pub/Pizza is donating pizza for the event.  She thanked the Piermont DPW for fixing the fence.

 

Approval of Minutes

 

Trustee Gallucci Jr. moved to approve the minutes from the April 1, 2014 meeting of the Board of Trustees.  Trustee Blomquist seconded the motion, which carried by a vote 5-0.

 

Department Reports

 

POLICE

Chief O’Shea reported the renovations of the Police Department are complete The Chief reported that the Fire Police from Piermont Fire Department have  requested the old 1998 PAL van, which was previously declared as surplus.

 

Trustee Blomquist reported the Fire Department recently had a few graduates from Fire Police School, who expressed interest in the use of the van.   He further commented that it should only be used around Piermont.

 

Mayor Sanders expressed concern regarding the age of the van and potential, expensive repair/maintenance costs.   Mayor Sanders questioned the Board Members as to their thoughts on this request.   Trustee Gallucci asked what the Fire Police needed it for.   Chief O’Shea said it would be used only if there were an incident within the Village.  

 

Trustee Silverberg expressed the same concern as the Mayor regarding the reliability of the van; however, if the Fire Department needs it, he would not have a problem giving it to them.  In the event the repairs become costly it should be surplused.

 

Mayor Sanders suggested having an inspection done before transferring it to the Fire Department to make sure it is usable.

 

DPW

DPW Superintendent Tom Temple reported the Municipal tractor is expected to be delivered within the next few weeks.

 

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Trustee Silverberg questioned the status on the repairs to the North Shore Walkway.

 

Village Engineer Ken Degennaro reported hehad a preconstruction meeting with the contractor last week and he will give a proposed start date.   The work should begin soon, and will be performed in sections so the walkway will be closed in sections around the area of construction and should be done quickly.

 

Fire Dept.

Chief Cavanaugh – absent

 

Building Dept.

Building Inspector Charles Schaub-absent

Request for Special Permit from Faith Artrip to convert a single-family dwelling to a two family dwelling

 

Faith Artrip submitted a letter requesting to convert a single family dwelling temporarily into a two family dwelling.   Mayor Sanders reported from the letter submitted by Faith Artrip that she is requesting the conversion to a two family dwelling due to financial issues.

Village Attorney Walter Sevastian advised the Board with reference to the Village Code:

§ 149-4 2 B A public hearing shall be held on all applications as herein provided.  All Applications shall be referred to the Building Inspector, the Fire Inspector, Village Engineer, the Zoning Board of Appeals, the Planning Board and the Architectural Review Commission. The aforesaid persons and Boards shall review all applications and report their recommendations to the Village Board of Trustees, in writing, prior to the public hearing, except that the Building Inspector, Fire Inspector and Village Engineer may report orally to the Village Board at the public hearing.

 

Trustee DeFeciani moved to refer this application to the above mentioned Boards for review and hold a public hearing on June 17, 2014 at 7:45pm for a Special Permit for Faith Artrip to convert a single family dwelling to a two family dwelling.  Trustee Silverberg seconded the motion, and upon vote the motion carried by vote 5-0

 

Mayor Sanders moved up Agenda Item #10

 

Authorize the Mayor to sign the MS4 Municipal Compliance Annual Report

 

Mayor Sanders questioned Village Engineer Ken DeGennaro regarding a letter the Village received from the DEC regarding the MS4 Audit.

Mr. DeGennaro replied he has reviewed the MS4 Audit and will address the violations.

 

The Village Engineer, Brooker Associates, made a proposal to complete the Annual MS4 Report at a cost of $1,200. 

 

Trustee Silverberg moved to approve the proposal for the MS4 Annual Report at a rate of $1,200.  Trustee Gallucci Jr. seconded the motion which carried by vote 5-0.

 

Public Hearing (7:45) A local law to amend section 172-5 of the Code of the Village of Piermont as pertains to Road Opening Permits in the Village of Piermont Local Law #3 of 2014

 

Trustee Gallucci Jr. made a motion to open the public hearing. Trustee Silverberg seconded the motion which was carried with a vote of 5-0.

 

Village Attorney Walter Sevastian explained this is a simple modification to the local law amending section 172-5 of Village Code pertaining to Road Opening Permit.  The changes will

 

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benefit the Village; it will increase revenue and hold contractors more accountable.  The local law will be an unlisted action under SEQR as it has no adverse environmental impact.   

 

No public comment

 

Trustee Gallucci Jr. suggested to increase the liability insurance to a minimum of $1,000,000/$2,000,000, and increase property damage insurance to $500,000.

 

Trustee Silverberg agreed with Trustee Gallucci Jr.

 

Trustee Gallucci Jr. moved to close the Public Hearing. Trustee Silverberg seconded the motion which carried by vote 5-0.

 

Trustee Silverberg moved that the Village Attorney draft the resolution for the SEQR declaration  finding that there will be no significant adverse environmental impacts from the implementation of the fee schedule and to adopt Local Law #3 of 2014 Amending Section 172-5 of the Code of the Village of Piermont entitled “Street and Sidewalks openings and excavations” as modified with an increase to the liability insurance from $100,000/$300,000 to $1,000,000/$2,000,000, and an increase to property damage from $100,000 to $500,00.  Trustee Gallucci Jr.  seconded the motion, which was carried by a vote 5-0.

 

RESOLUTION OF THE VILLAGE OF PIERMONT BOARD OF TRUSTEES

STATE OF NEW YORK

COUNTY OF ROCKLAND: VILLAGE OF PIERMONT

——————————————————————–X

A local law amending section 172-5 of the Code of the

Village of Piermont, entitled “Street and Sidewalks

openings and excavations”

——————————————————————–X       

WHEREAS,  the Village Board of the Village of Piermont has noticed a Public Hearing with regard to an amendment of the Village Code with respect to thea local law amending section 172-5 of the Code of the Village of Piermont, entitled “Street and Sidewalks openings and excavations”;

WHEREAS, Public Hearings on the adoption of these proposed amendments to the Village Code were held on April 29, 2014;

WHEREAS,  at least 10 days prior to the initial Public Hearing notification of same was published in the Rockland County Journal News pursuant to Village Code requirements;

WHEREAS,  the Village Board of Trustees had made and published initial SEQRA review of the proposed Village Code amendments and found as follows:

1.                  That the proposed Village Code amendment was an “Unlisted” action under SEQRA.

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2.         That it was the intention of the Village Board of Trustees to establish itself as the Lead Agency for the purpose of review of the proposed action under the provisions of the State Environmental Quality Review Act (SEQRA).

THEREFORE BE IT RESOLVED, that the Village Board of Trustees hereby establishes itself as the Lead Agency for the purpose of review of the proposed action under the provisions of the State Environmental Quality Review Act (SEQRA), and determines that a SEQRA Negative Declaration is determined with respect to the action in that modification of the regulations regarding street opening permits will have no discernible adverse impact on the environment.

AND BE IT FURTHER RESOLVED, the Village the Board of Trustees adopts the amendments to section 172-5 of the Code of the Village of Piermont.

This resolution was adopted by a unanimous resolution of the Board of Trustees at the regular meeting of the Board on April 29, 2014.

Request from Piermont Pub/Pizza to amend Special Permit to allow outdoor seating

Robert Wohner from Piermont Pub/Pizza is requesting to place outside tables and seats on his patio in front of his restaurant.  He recently had placed tables and seats outside, which generated more business and has been advised that he needed to request the additional seating, and required parking from the Village Board.

 

Trustee Silverberg questioned if the seats will be solely on the sidewalk.  He is concerned it would impede on the parking space directly in front of the restaurant.

 

Robert Wohner replied the tables will be placed only on the sidewalk.

 

Trustee DeFeciani wanted clarification regarding needing additional FILOP, due to the additional seating.

 

Mayor Sanders replied the request for additional seating would trigger the need for additional parking spaces.

Village Attorney Walter Sevastian advised the board the previous owner formerly known as Piermont Pizza was issued a Special Permit for 10 FILOP parking spaces based upon the size of the restaurant and number of seats reported.  This is a request to expand seating, which would also trigger the need for additional parking spaces.  He referred to Village Code;

 § 210-68.1. Exceptions to off-street parking requirements in the Business B Zoning District.

 

D. If a commercial establishment located in the Business B Zoning District cannot satisfy, on site, or in the case of a restaurant use, by the lease of off-site parking as provided under § 210-68.1(B), its required minimum number of off-street parking spaces, then a portion of the requirement may be satisfied by paying to the Village of Piermont a fee in lieu of parking (“FILOP”), subject to the following restrictions and conditions.

(1) No more than nine spaces of a commercial establishment’s off-street parking space requirement may be satisfied by a FILOP.

(2) The fees for FILOP spaces shall be established by resolution of the Village Board of Trustees (“VBT”) on an annual basis.

 

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He further commented it is established that every 3 seats requires one parking space.  According to this request for additional 19 seats, it would require another 6 parking spaces.  There are currently 18 available parking spaces in inventory.

 

Trustee Gallucci Jr. expressed concern regarding the placement of the tables being placed in a public right of way and would like to see a survey of the property.

 

 Robert Wohner submitted a copy of the architects drawing.

 

Village Attorney Walter Sevastian advised the board this request would need to be referred to the Planning/ Zoning board for an advisory opinion and would be required to schedule a Public Hearing.

 

Mayor Sanders expressed concern regarding the request for additional seating which would trigger additional parking spaces.  The prior establishment was approved for additional parking spaces, which already exceeded the cap for parking spaces. According to Village Code, parking spaces are capped at 9, this establishment currently has 10 spaces, and with the additional seating, would require an additional 6 spaces.

 

Robert Wohne asked the board to temporarily allow him to place additional tables outside while he goes thru the process of planning/zoning boards and the public hearing; He is struggling financially since the opening in January.  He is now faced with the annual FILOP fee which he was going to ask for a payment plan

 

Village Attorney Walter Sevastian replied it is written in the code that all commercial establishments have to pay the FILOP fee.

 

Robert Wohner requested to waive the need for additional parking spaces as he is willing to close the inside of his business to customers when the tables are outside.  He is willing to take his seats that are inside and put them outside.  He feels this way he is not increasing his seating capacity, which would trigger the need for additional parking spaces.

 

Mayor Sanders expressed concern this is a local law put in place to mitigate impacts of commercial establishments specifically restaurants to make sure the Village is not over burdened.  He would like to review the advisory opinion from the Planning Board specific to the traffic impact before he approves this request.

 

Trustee Silverberg questioned Village Attorney Walter Sevastian if the board could temporarily allow Mr. Wohner to possibly close the inside and place tables outside until his public hearing.    

 

Village Attorney Walter Sevastian commented the board does not have the authority to approve if he closes the inside of his establishment while having the tables outside,; however, the Building Inspector is the Code Enforcer and this would be up to his discretion.

 

Trustee Gallucci Jr. commented he would like to accommodate Mr. Wohner, however, his request is missing vital information and the Village Code needs to be applied equally and fairly to everyone.

 

Mayor Sanders expressed concern regarding missing information.  There is no survey noting the property lines. His other concern is the need to grant additional Parking Spaces and he would like a traffic impact study done before the Public Hearing.

 

Trustee Silverberg moved to refer this application to the Planning/Zoning Boards for an Advisory Opinion.  Trustee Gallucci Jr. seconded the motion, which carried by vote 4-1, Mayor Sanders voting no.

 

Trustee Silverberg moved to hold a public hearing on June 17, 2014 at 8:00pm on the request to amend a Special Permit by Robert Wohner of Piermont Pub/Pizza to allow outside tables. 

 

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Trustee Gallucci Jr. seconded the motion and upon vote the motion carried by vote 4-0, Mayor Sanders abstained

 

Resolution to adopt 2015 Base Proportions

 

Trustee Blomquist moved to adopt the 2015 Base Proportions.  Trustee Gallucci Jr. seconded the motion, which carried by a vote 5-0

 

Mayor Sanders moved up agenda item #9

 

Resolution declaring the Memorial Day Parade a Village Sponsored Event

 

The VFW Piermont Post 7462 requested to have the Memorial Day Parade declared a Village Sponsored Event on May 26, 2014.

 

Trustee Gallucci Jr. moved to approve the Memorial Day Parade on May 26, 2014 as a Village Sponsored Event.  Trustee Blomquist seconded the motion which carried by vote 5-0

 

Review proposed 2014-2015 Capital Budgets

 

Mayor Sanders tabled this discussion to the Village Board Meeting on May 13, 2014 to further include items from the DPW Capital Budget

 

Mayor Sanders moved up agenda item #15

 

Develop list of items for future BAN/Bonds

 

Village Clerk Stephanie Tassello advised the board of the list of items for future Bans/Bonds as follows:

DPW -Cyncon Municipal Tractor $70,000

FD-Infrared Forward Looking Radar $17,000

FD-Air Fill Station $21,500

FD-Forcible Door Entry System $7,000    

 

The total proposed amount to Ban/Bond is $120,000.  The resolution will be placed on the Agenda of the next Village Board Meeting, May 13, 2014

 

Trustee Gallucci Jr. moved to prepare a resolution for Ban/ Bonds in the amount of $120,000.  Trustee Blomquist seconded the motion which carried by vote 5-0

 

Discussion on summers closures to motor vehicle traffic on the Pier

Mayor Sanders identified Pier closures to Motor vehicle traffic for the following three Sundays during the summer 2014:

June 15th

July 20th

August 17th

Trustee Defeciani Silverberg moved to approve Pier Closures to Motor Vehicle Traffic for the following dates: June 15th, July 20th, and August 17th. . Trustee Blomquist seconded the motion which carried by vote 5-0.

Review Village Board Meetings -Summer Schedule.

Mayor Sanders confirmed the Summer Village Board Meetings, scheduled for Tuesday June 17, July 15, and August 5, 2014.

 

Declare DPW 2002 Bombardier Surplus to be Auctioned

 

Trustee Defeciani moved to declare the 2002 Bombardier as surplus and to be auctioned.  Trustee Blomquist seconded the motion which carried by a vote 5-0

 

 

Village of Piermont Board of Trustees Minutes April 29, 2014

Page 8 of 9

 

Review Hudson Estuary Accessibility Projects

 

DPW Superintendent Tom Temple reported he reviewed some of the items listed for ADA compliance.  Most of them are not on Village owned property.  He will address all the items listed that are on Village owned property.

 

Trustee Silverberg suggested to write a letter to Cornell advising that most of the items listed are either on Private Property or owned by the NYS DEC. The Village of Piermont will address all items listed that are owned by the Village.

 

Mayor Sanders agreed with Trustee Silverberg and directed Village Attorney to draft the letter to LaWanda Hook, PhD of Cornell University Employment and Disability Institute Northeast ADA Center.

 

Approval of Warrant

Trustee Blomquist moved to approve the Warrants in the amount of $ 174,274.09 as presented by the Village Clerk.  Trustee Gallucci Jr. seconded the motion, which was carried with a vote of 5-0.

 

Old/New Business

Village Attorney Walter Sevastian requested an Executive Session for pending litigation and personnel matters. 

 

Trustee Blomquist reported Orange & Rockland Utilities did a survey of the Fire Department Building and suggested to switch to energy-saving LED lights.  The cost for the switch would be minimal.

 

Trustee Silverberg reported the Scenic Hudson Task force committee set up a sub-committee at their last meeting to do a cost benefit analysis.  Their next meeting is May 15th at 4:30pm which they will walk the Village to review and document areas that are prone to flooding.

 

Mayor Sanders commented he spoke with Brooker Engineering with the possibility of getting a surveyor identify elevations around utility poles, to provide good reference points for potential future flooding.

 

Mr. Lennon sent an email with a request to have an underwater survey of the bulk head at the end of the Pier.   

 

Mayor Sanders commented that Columbia University- Lamont Doherty built the Pier and they initially were responsible for the maintenance of it.  He also would like more details on the proposed project

 

Mr. Lennon would like to proceed with a study of the Bulk head on the Pier, before he completes his proposal of the project.

 

Trustee Gallucci Jr. understood at a previous board meeting it was suggested to Mr. Lennon to come before the board with a proposal of where the light house was going to be placed.

 

Mayor Sanders expressed concern with approving a survey of the Bulk head when the board has not seen a proposal of the project.  He suggested to Mr. Lennon to submit a proposal to be placed on an Agenda.

 

Trustee Blomquist also expressed concern with the possibility of erecting the light house on the Pier as that may interfere with search and rescue emergencies.

 

Mayor Sanders reviewed the 2014 Year-to-date budget.  Revenues are higher than expected and expenses are lower than expected.

 

 

Village of Piermont Board of Trustees Minutes April 29, 2014

Page 9 of 9

 

Mayor Sanders received a retainer agreement from Lamb &Barnosky LLP for the board to review.

 

Trustee Silverberg expressed concern regarding the retainer agreement, and suggested to amend the agreement to a minimum billable unit of 1/10th hour.

 

Mayor Sanders will reach out to Lamb & Barnosky LLP to amend the agreement.

 

Executive Session

 

Trustee Silverberg moved to enter into Executive Session to discuss Pending Litigation and discussion on personnel compensation.  The motion was seconded by Gallucci Jr.  and the motion was carried with a vote of 5-0.

 

Trustee Silverberg moved to exit Executive Session, which was seconded by Trustee DeFeciani and upon vote the Board adjourned Executive Session.  The Village Clerk noted that no action was taken while in executive session.  

 

Trustee Gallucci Jr. moved to amend the resolution authorizing a resolution for Ban/ Bonds with an additional amount of $96,000, now totaling $210,000.  Trustee Blomquist seconded the motion which carried by vote 4-0

Trustee Silverberg abstained

 

Adjournment

Trustee Blomquist moved to adjourn the meeting at 10:05pm. Trustee Silverberg seconded the motion, which was carried with a vote of 5-0.

 

                                                                                               

                                                                                                           

Respectfully submitted,

Stephanie Tassello

Clerk-Treasurer

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