Archive for the ‘Meeting Minutes’ Category

April 1, 2014

 INCORPORATED VILLAGE OF PIERMONT

BOARD OF TRUSTEES MEETING

April 1, 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, a resident of Piermont representing the Piermont Marsh Conservancy, advised the Board that on Saturday, May 10th, 2014, they will be working with the River Keeper’s “Big Sweep” to do an environmental cleanup in Piermont in conjunction with RCC and local high schools.  They will be meeting in Parking Lot D and will provide bags, gloves, lunch and beverages.   

 

Margaret Grace advised the board that Keep Rockland Beautiful, along with the Sparkill Creek Watershed Alliance, will also be organizing a clean-up on Saturday, April 12, 2014, from 9am to 12pm.  They will also host a Pot Luck Dinner at Christ Church in Sparkill.

 

Bob Samuels questioned the board if the Pier Closure summer schedule to motor vehicles is available.  Mayor Sanders replied the discussion will be put on the next Village Board Agenda

 

Carl Knocklelin advised the Board there is a street light that is not working by the Bunny Trail.

 

DPW Superintendent Tom Temple advised the light is maintained by Orange and Rockland Utilities and he will notify them to repair the light

 

Margaret Grace raised an issue regarding an embankment on Piermont Avenue by Hester Street that is exposed to the River and is increasingly being washed away. She feels the River is getting very close to Piermont Avenue.    She just wanted to bring it to the board’s attention if there is anything that could be done to secure that area.

 

Mayor Sanders thanked the residents who bring awareness to the board and also thanked residents who participate in area cleanups.  He asked Village Attorney Walter Sevastian for direction as to what can be done regarding the issue that Margaret Grace had raised.

 

Village Attorney Walter Sevastian commented he will follow up with the Building Inspector as to who the owner of the property is and see if there is something in the property maintenance code. 

 

 

Approval of Minutes

 

Trustee DeFeciani moved to approve the minutes from the March 18, 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 submitted a letter commending Officer Holihan for his help to a motorist.

 

DPW

 

DPW Superintendent Tom Temple reported the repairs to the Community Center are complete. Also, on Tuesday April 8th the DPW will begin their Bulk /Rubbish pickup which runs bi-weekly through October.  Discussion was held regarding the heavy rain this weekend and the drainage problems on Route 9W and the State’s responsibility to maintain the drainage system. Mayor

 

Village of Piermont Board of Trustees Minutes April 1, 2014

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Sanders reported he had reached out to NYS Assemblywoman Jaffee’s office to begin invoicing for Piermont’s efforts to maintain this drainage system.

 

Fire Dept.

Chief Cavanaugh – absent

 

Building Dept.

Building Inspector Charles Schaub-absent

Request from Addison Fowler to extend the Board Walk and place a mile marker at the Piermont Train Station for an Eagle Scout Project

Addison Fowler, a Piermont Resident and an Eagle Scout, requested to extend the Board Walk and place a mile marker at the Piermont Train Station.  He will be doing minor excavation and will be placing gravel which will set for the extension of the boardwalk.   Trustee DeFeciani questioned if he has sought approval from the Historical Society and questioned if he is doing the work by himself.

Addison Fowler responded that the Historical Society gave him approval, and Seth Glasser, a local contractor, will be helping him and the materials will be donated from Nyack Lumber.   Trustee Gallucci Jr. commend him for taking on this project

Trustee Silverberg also thanked him

Village attorney Walter Sevastian asked the Fowlers to provide a certificate of insurance listing the Village as additionally insured

Meg Fowler responded Seth Glasser will provide a certificate listing the Village as additional insured

Discussion and Update from the Piermont Historical Society

 

Rich Esnard, a member of the Piermont Historical Society, thanked Addison Fowler for his work.  He provided an overview of the progress of the Piermont Historical Society has made over the past three months which includes the formation of three sub-committees.  The first sub-committee is Fund Raising which includes raising funds for the support of the Train Station. The first fund raising event will be a dinner dance at Cornetta’s Restaurant on May 1st. The second is the Docent sub-committee which will enable the train station to open for tours two/three Sundays per month from April thru September. The third sub-committee is the Program Committee which has a long term goal of creating a Piermont History for local schools.  The students will visit the station as part of the local history studies.  He will continue to provide updates as to their progress to Trustee Silverberg.

 

Mr. Esnard thanked Trustee Blomquist for donating a panoramic photo of Fort Comfort which will be used as part of an exhibition at the Train Station.

 

Lola Esnard presented an invitation to the Board to their 1st annual Dinner Dance on May 1, 2014, which will be held at Cornetta’s.  

 

Trustee Silverberg commented the Historical Society has been working hard and is making progress

 

Trustee Gallucci Jr. commented the Historical Society has been making great progress

 

Trustee Blomquist thanked them for their hard work and the progress they are making

 

Mayor Sanders thanked Trustee Blomquist for his donation and thanked the members of the Historical Society for their dedication.

Village of Piermont Board of Trustees Minutes April 1, 2014

Page 3 of 7

 

Public Hearing (7:45) Amending Chapter 1 of Village Code as it pertains to the fine schedule of conviction for municipal Code violations Local Law #2 of 2014

 

Village Attorney Walter Sevastian explained this is a simple modification to the local law amending the fine schedule

 

Trustee Silverberg made a motion to open the public hearing. Trustee Gallucci Jr. Silverberg seconded the motion which was carried with a vote of 5-0.

 

There was no public comment.

 

Trustee Silverberg commented he thinks it’s a good idea to amend the fine schedule.  Trustee Gallucci Jr. concurred with Trustee Silverberg

 

Trustee Silverberg moved to close the Public Hearing. Trustee Gallucci Jr. seconded the motion which carried by vote 5-0.

 

Trustee Blomquist moved to adopt Local Law #2 of 2014 Amending Chapter 1 of Village Code as it pertains to the fine schedule of convictions for municipal Code. Trustee Defeciani 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

In the Matter of the amendment to

Chapter 1 of the Code of the Village

of Piermont as pertains to fines imposed

for municipal Code violations

——————————————————————–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 the fine schedule applicable to convictions for violations of the Piermont Village Code;

WHEREAS, a Public Hearing on the adoption of these proposed amendments to the Village Code were held on April 1, 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:

Village of Piermont Board of Trustees Minutes April 1, 2014

Page 4 of 7

1.                  That the proposed Village Code amendment was preliminarily classified as a “Type II” action under SEQRA.

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 the action is a Type II action under SEQRA, in that the proposal to amend the fine schedule applicable to convictions for violations of the Code of the Village of Piermont consists of a legislative act to amend an existing regulation, which regulation has no significant  impact (adverse or otherwise) on the environment based on the criteria contained in subdivision NYCRR 617.7(c) ,and is therefore not subject to review under SEQRA .

AND BE IT FURTHER RESOLVED, the Village the Board of Trustees adopts the amendments to Chapter 1 of the Code of the Village of Piermont.

 

This resolution was moved by Trustee Blomquist and seconded by Trustee Defeciani which carried by a vote 5-0.

 

Mayor Sanders moved to Item 8 on the agenda

 

Declare DPW 2004 International Garbage Truck Surplus to be Auctioned

 

Trustee Gallucci Jr.  moved to declare the 2004 International Garbage Truck VIN# 1HTWGADT04J084016 as surplus, to be auctioned.  Trustee DeFeciani seconded the motion which carried by a vote 5-0

 

Mayor Sanders moved to Item 10 on the agenda

 

Request from the Historical Society of Rockland to provide a Bus Tour of the Pier on June 21, 2014

 

The Historical Society of Rockland is requesting to have a Bus Tour of the Pier on June 21, 2014.  There will be one bus with 36 passengers and will stop at the end of the Pier for 5 to 10 minutes.

 

Trustee Blomquist moved to approve Historical Society Bus Tour on June 21, 2014.  The motion was seconded by Trustee Gallucci Jr. and upon vote the motion carried.

Village of Piermont Board of Trustees Minutes April 1, 2014

Page 5 of 7

 

Mayor Sanders moved to the request from the Clearwater and Schooner Mystic Whaler to dock May 9th thru May 10th, June 2nd thru June 5th, and July 6th thru July 8th 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 Silverberg moved to approve the Clearwater and Mystic Whaler boat to dock at the end of the Pier on May 9th thru May 10th, June 2nd thru June 5th, and July 6th thru July 8th, 2014.  Trustee Gallucci Jr. seconded the motion, which carried by a vote 5-0.

 

Public Hearing (8:00p.m.)-  FYE 2015 Budget

 

Trustee Gallucci Jr. moved to open the Public Hearing on the Tentative 2015 Fiscal Budget.  Trustee DeFeciani seconded this motion and the motion was carried with a vote of 5 ayes and 0 nays

 

The Mayor thanked all departments for their time.  He also thanked the Clerk’s office and the Board who worked very closely with all departments.

 

The Board is proposing a budget of $5,306,981 which is a 2.22% increase this year.  The estimated revenue is $853,387an increase of 6.01%.  The proposed Property Tax Liability is $4,428,594 an increase of 0.96%.  Total assessments are $600,085,327 a reduction of 1%.  The tentative tax rate is $6.96/$1000 for Homestead properties and $9.76/$1000 for Non-Homestead properties.  Based on these tentative numbers, there is a proposed increase of 1.84% Homestead and 2.31% Non-Homestead.

 

Piermont resident, Fred Devan suggested the Board to reduce the contingency expenditure line, explaining there is no need for a contingency line because the Village has a healthy fund balance.

 

Mayor Sanders explained that the Board thoroughly reviewed the entire budget and had already made reductions to the contingency line.

 

Trustee Gallucci Jr. commented the Board had discussed and reviewed the contingency line.  He also explained the impact set upon the Village from the State 2% Tax Cap, and due to that he is inclined to leave the Contingency line as is.

 

Mayor Sanders commented it forces the board to do long term review of the Villages finances.

 

Trustee Silverberg commented the board had thoroughly reviewed the contingency line.

 

Anthony Riso, Piermont resident on Orchard Terrace, expressed concern about the outstanding Ban/Bond Debt, and questioned the Board if anything could be done, and suggested to the Board to review any future bonding.

 

Mayor Sanders replied the board thoroughly reviews the Villages debt and borrows for equipment and capital projects/improvements.  However the Villages debt burden is significantly lower than the allowable constitutional debt limit.


Trustee Blomquist explained the debt payments are made based upon the probable use of life of equipment /project.

 

Mayor Sanders thanked the Board and all the Departments for their time and dedication preparing for the budget.

 

Trustee Silverberg thanked the Board and all Departments for their efforts in preparing for the budgets

 

Trustee Gallucci Jr. commended all departments they did a tremendous job.

Village of Piermont Board of Trustees Minutes April 1, 2014

Page 6 of 7

 

Trustee DeFeciani commented all departments looked at every item and made significant cuts to the budget.  She also thanked all departments.

 

Trustee Blomquist thanked all departments they did an amazing job, budgets are never easy and this went very smoothly. 

 

Mayor Sanders also thanked Trustee Blomquist for his dedication is assisting with the budget.

Fred Devan commented over the past few years the Board have done a great job; the budgets have been accurate.

 

There were no further public comments

 

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

 

Adoption of 2015 Fiscal Budget

Trustee Blomquist moved to adopt the 2015 Fiscal Budget.  Trustee DeFeciani seconded the motion, which carried by vote 5-0.

 

Authorize the Mayor to enter into a Memorandum of Understanding Agreement with the New York State Department of Transportation Commercial Vehicle Safety Program

Chief O’Shea commented the training and safety protocols are already in place this is going to be a great program he already has scheduled dates for the program.

 

Village Attorney Walter Sevastian commented the Police Department is in compliance with all of the requirements to enter into the agreement.

 

Trustee Silverberg made a motion to approve the Mayor entering into a Memorandum of Understanding with the New York State Department of Transportation Commercial Vehicle Safety Program.  The motion was seconded by Trustee Gallucci Jr.  which carried by vote 5-0.

 

Request from the Rockland Audubon Society to place receptacles to capture fishing line near the end of the Pier

Mayor Sanders questioned DPW Supervisor Tom Temple what the impact would be and what are the benefits to the installation of receptacles on the Pier.

 

DPW Superintendent Tom Temple replied it will be minimal impact, and he does not know how beneficial the receptacles may be because there are already garbage receptacles on the Pier.

 

Trustee Silverberg commented the receptacle is small and does not think it will have a major impact

 

Trustee Gallucci Jr. commented that he  does not know how beneficial it will be, but has no objections

 

Trustee Blomquist had no objections

 

Trustee DeFeciani commented she does not have any objections to the Audubon Society if they maintain the receptacles.  She suggested approving the request on a trial limited basis.

 

Trustee DeFeciani moved to approve the Audubon Society to place a receptacle at the end of the Pier.  Trustee Blomquist seconded the motion which was carried with a vote of 5- 0 .  

 

Request from Tour de Cure (American Diabetes): bicycles to ride through Piermont Saturday May 10, 2014

Trustee Silverberg moved to approve the annual Tour de Cure American Diabetes Association on May 10, 2014 between 8am and 4pm.  Trustee Gallucci Jr. seconded the motion which was carried with a vote of 5-0.

 

Village of Piermont Board of Trustees Minutes April 1, 2014

Page 7 of 7

 

Approval of Warrant

Trustee Blomquist moved to approve the Warrants in the amount of $ 61,748.28 as presented by the Village Clerk.  Trustee Defeciani 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.  He also reported he received a phone call from a resident wanting to film a documentary during the upcoming DEC public forum, he will follow up.

 

Trustee DeFeciani reported she recently received several complaints regarding permitted hours of recent filming in the Village and asked if there is anything they can do to prevent future complaints.

 

Chief O’Shea responded that he addressed any complaints he had received.  He assured that, going forward, the film crews will abide by allowable filming hours according to Village Code.

 

Trustee DeFeciani also reported she recently had a discussion with Dan Sherman about the Stewart/ Lennon families regarding the proposed lighthouse memorial and that they are moving forward with the project.

 

Ray Lennon provided an update on the progress of his preliminary plans to erect a lighthouse at the end of the Pier.  He has received approval from the Coast Guard and has learned the proposal is outside the jurisdiction of the Army Corps of Engineers, and is in the process of contacting McLaren Company- Marine Engineers – to inspect the Pier to make sure it is structurally sound.

 

Mayor Sanders thanked him for the update; this discussion will be placed on Agenda at a future board meeting 

 

Trustee Silverberg reported the next Scenic Task Force meeting is scheduled for Thursday April 10, 2014.

 

Mayor Sanders reported he is continuing communication with Lamont Doherty with regards to the Pier Building.  They are proposing to hold a ”Full-Moon lecture series in June, July, August and September.  Mayor Sanders also reported that he will continue to seek support from Brian Conybear and the Tappan Zee Bridge Builders to help with funding for needed boat equipment for the Piermont River Rescue unit. 

 

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 5-0.

 

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

 

 

Adjournment

Trustee Gallucci Jr. moved to adjourn the meeting at 9:30pm. Trustee DeFeciani seconded the motion, which was carried with a vote of 5-0.

 

                                                                                               

                                                                                                           

Respectfully submitted,

Stephanie Tassello

Clerk-Treasurer

March 18, 2014

 INCORPORATED VILLAGE OF PIERMONT

BOARD OF TRUSTEES MEETING

March 18, 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 everyone in the Pledge of Allegiance.

 

Public Comment

 

Kevin Fagan, who owns a restaurant in Piermont, questioned the Board as to why he was not notified of recent filming in the Village because the disruption affected his business.  He requested residents and business owners be better notified of future filming.

 

Chief O’Shea commented he will take extra steps to notify residents and businesses.

 

 Suren Kilcyern provided a map to the board that outlined a channel that once existed from Coretta’s out to the middle of the Hudson River. He has started a Coalition for Safe Access from and to the Village of Piermont and has a Petition to The Tappan Zee Constructors to dredge the Original Piermont Channel.  He has an open dredging Permit, and will attend a NY Bridge Project Public Meeting on March 27, 2014

 

Mayor Sanders commented the silting has strangled the Marina businesses, and hopefully a board member can attend the Tappan Zee Bridge Public Meeting.

 

Trustee Silverberg suggested for anyone attending the Board Meeting to sign the petition. 

 

Approval of Minutes

 

Trustee Gallucci Jr., moved to approve the minutes from the March 4, 2014 meeting of the Board of Trustees.  Trustee Silverberg seconded the motion, which carried by a vote 5-0.

 

Department Reports

 

DPW

DPW Superintendent Tom Temple requested that the subject of surplusing the garbage truck be placed on the next Village Board Agenda.

 

Fire Dept.

Chief Cavanaugh – absent

 

Police Dept.

Chief O’Shea submitted a Memorandum of Understanding with the New York State Department of Transportation regarding truck inspections   for the Board and Village Attorney’s review.  Chief O’Shea asked that this be placed on the next Village Board Agenda

 

Building Dept.

Building Inspector, Charles Schaub, submitted his monthly report.   He is moving forward with digitizing the building department records

Continuation of Phil Griffin Site Plan Application for renovation/addition/alteration of a single family residence

Trustee Gallucci Jr. recused himself and left the boardroom.

 

Mayor Sanders commented the Public Hearing on this application has been reviewed at several board meetings, and, at the last meeting the Public Hearing was closed. Any additional written submissions regarding the voting issue were to be sent to the Village Attorney’s Office or the Clerk’s Office by 4:00p.m., March 12, 2014.

Village of Piermont Board of Trustees Minutes March 18, 2014

Page 2 of 15

 

Village Attorney Walter Sevastian explained that this is a site plan application before the board and the public hearing was closed at the last Village Board Meeting.  At the close of the Public Hearing, the board asked him to provide a legal opinion if the signatures submitted were sufficient for the required majority vote.

 

He prepared a memorandum to the Village Board which includes his findings as follows;

TO:                  Board of Trustees

FROM:            Walter R. Sevastian, Village Attorney

RE:                  Griffin/Kempton Site Plan Application – Voting Requirement

DATE:                        March 15, 2014

You have asked that I provide the Board with my legal opinion as to whether the five signatures obtained by Mr. Griffin and Ms. Kempton (the “Applicants”) approving their Site Plan Applications are sufficient to satisfy the requirement noted on an August 14, 1995 Subdivision Plat of the property, which states “Any exterior change to the building must be approved by a majority of the lot owners of this subdivision and the Village Board.”

In the first instance, it is clear that the note on the filed subdivision plat (hereinafter the “plat note”) imposing the voting restriction is enforceable against the current owners of the property in question. When the former owner of the property appeared before the Piermont Planning Board in 1995 requesting a subdivision, the Planning Board exercised its authority under the New York State Real Property and Village Law to impose as a condition of the approval a plat note mandating the approval of a majority of lot owners and of the Village Board for future changes to

the building.  As such, the plat note in question, being set forth on a subdivision plat duly recorded in the office of the Rockland County Clerk, put the public on notice of the restriction in the note and is binding on all future owners of the property.  O’Mara v. Town of Wappinger, 9 NY3d 303.

In my opinion, the inclusion of the restrictive note on the subdivision plat in 1995 reflected municipal authority to regulate land use within its borders.  To my knowledge, the validity of the plat note itself was never challenged.

The Applicant Mr. Griffin provided the Board with a Site Plan drawing (predating the subdivision) which appears to show that a single building was proposed to be constructed on the subdivided lots at the time that the subdivision was granted.  Mr. Griffin states that

the plat note should not apply to the current application because the single building was never built; he states that three separate buildings were constructed on the subdivided lots based on modified Site Development plans approved after the subdivision was granted.  Mr. Griffin also gave testimony at the public hearing on the application that the buildings have been modified several times over the intervening years without compliance to the voting requirements of the plat note. 

While it does appear that the structures that currently exist on the site may not have been what the Planning Board was considering when the plat note was generated; the fact remains that the 1995 subdivision plat was never amended or modified during or after later modifications to the site development of the subdivided lots.  If the Applicant felt that the plat note was no longer applicable, he should have applied to amend the plat to eliminate the note.  As to the Applicant’s claim that the buildings were modified several times without complying with the plat note requirements, the Building Inspector gave testimony at the public hearing that he was unaware of the plat note until the instant application; it is well settled that the Village is not estopped from enforcing the plat note at the present time.  Parkview Associates v. City of New York, 71 NY2d 274.

Therefore, in my opinion, for the reasons noted above, the plat note restrictions are still applicable to the instant application.

At issue, however, is what the language of the plat note actually means in the context of the current ownership of the buildings that were eventually constructed on the subdivided lots.

Village of Piermont Board of Trustees Minutes March 18, 2014

Page 3 of 15

While the original 1995 subdivision created eight lots, the Applicant’s building was constructed on two of those lots, and was subsequently converted into three (3) condominium units owned in fee, one on each of the floor of the Applicant’s building.  The Applicants Griffin and Kempton both argue that since they own separate “lots” within the original subdivision, they should each get a vote counting towards the majority required by the plat note, and that to deny each condominium owner a vote would essentially deny them the right to have a say in changes proposed to the building.  The Applicant Ms. Kempton notes that “I am a lot owner in this subdivision.  My property has been assigned a section, lot and block number.  I am solely responsible for full, not partial, State/County/Town, School and Village taxes.”

An objecting neighbor Mr. Roth argues, among other things, that to allow each condominium owner a vote would allow the condominium owners to “stuff the ballot box,” and dilute the voting rights of the other neighbors.

Frankly, all parties raise reasonable, although conflicting, arguments regarding the meaning of the plat note.

As stated above, notes on filed subdivision plats, as opposed to private property agreements between landowners (such as easements, road maintenance agreements and the like), are a reflection of a municipality conditioning its approval of subdivision

requests upon specific requirements to be observed by future lot owners.  Plat notes, unlike private property agreements between landowners, are in my opinion tantamount to

regulatory mandates which were required by the municipality, and should in fact be enforced by the municipality. O’Mara v. Town of Wappinger.

If the plat note in question was merely an easement, or a road maintenance agreement between individual property owners, it would be up to the respective parties to the private agreement to have a Court determine interpretation issues, and to present the Court’s determination to the municipal land use board (in this case the Village Board exercising its site plan review powers).  Indeed, in Article 15 of the NYS Real Property Actions and Proceedings Law (RPAPL), the New York State Legislature vested the exclusive authority and jurisdiction to determine and decide disputes relating to rights and interests in real property (except for evictions) to the NYS Supreme Court.  The deliberation of private property interests, such as determining the various rights and obligations relating to an easement or adjudicating a property boundary or lot line dispute, fall within the mandates of RPAPL Article 15, and a person who wishes to pursue a claim or judicially resolve an issue against a neighbor, relating to such questions or dispute, must seek his remedies in NYS Supreme Court Town of Southampton v. Buoninfante, 303 A.D.2d 579, 756 N.Y.S.2d 629.

However, in this case it is the plat note at issue, not a private agreement, and in my opinion it is evident that the restriction imposed by the plat note did not take into account the current state of ownership of the lots in the original subdivision.  Therefore, in my opinion the plat note is ambiguous as applied to the existing buildings, and as to the ownership of the buildings on the subdivided lots. Simply stated, in my opinion, the Planning Board that imposed the condition in the plat note did not anticipate or envision the current ownership scenario.

 

In my opinion the restrictions contained in the plat note are in derogation of the common law, and they must be strictly construed against the municipality which has required them and seeks to enforce them.  Any ambiguity in the language used in the plat note must be resolved in favor of the property owner.  New York’s highest court reiterated that “zoning restrictions, being in derogation of common-law property rights, should be strictly construed and any ambiguity resolved in favor of the property owner”.  Town of Southampton v. Buoninfante;  Hadix v. Schmelzer, 186 A.D.2d 239, 588 N.Y.S.2d 337 (2nd Dept. 1992).

Consequently, in my opinion New York State law mandates that the Village Board interpret the plat note strictly against the municipality, and find that the Applicant’s have satisfied the plat note requirement by securing the signatures of a majority of the lot owners, including each individual condominium owner, in the subdivision.

Village of Piermont Board of Trustees Minutes March 18, 2014

Page 4 of 15

I should note that various other arguments are raised by the parties who submitted written submissions addressing the issue before the Village Board.  For example Mr. Roth argues that the “lots” in the Applicant’s building are in fact owned by the condominium, while

the tax lots are owned by the individuals.  He goes on to raise numerous factual scenarios relating to the ownership of the lots in the subdivision which might affect the number of

votes assigned to that particular lot.  The Applicant Mr. Griffin raises an issue as to the ability of the plat note to override the rules set forth in the Condominium Declaration.  While some of these additional issues raised by the parties are interesting points of discussion, and beg the question as to the apparent disregard paid to the plat note in the intervening years; in my opinion they all support the conclusion that the plat note is not plainly and unambiguously stated given what was actually constructed on the lots and the current type ownership in the original subdivision. 

In summary, it is my opinion that when considering the plat note restrictions in a light most favorable to the Applicants, the votes secured by the Applicants in support of their Site Plan Application are sufficient to satisfy the requirements.

 

Village Attorney submitted the resolution for the board to adopt

 

Mayor Sanders thanked Village Attorney for providing his opinion regarding the voting issue

 

Trustee Silverberg commented he was originally concerned with the site application regarding the visual impact and creating a precedent, however the Village Attorney added additional language that had addressed his concerns in the resolution.

Trustee Blomquist agreed with Trustee Silverberg his concern was this site application would create a precedent; however the Village Attorney addressed this issue.  He also wanted written into the record that the approval of this site plan application should not be used to create a precedent for future requests, for additional modifications in other lots could be constructed.  

 

Trustee DeFeciani agreed with Trustee Blomquist, she added Mr. Griffin has followed the guideline according to Village Code and the Village Attorney addressed the issue regarding the signatures.

 

Trustee Blomquist moved to adopt issuing a “Negative Declaration” as set forth in the finding statement. TrusteeDeFeciani seconded the motion which carried by vote 4-0

 

Trustee DeFeciani moved to adopt this application is consistent with LWRP policy standards and conditions.  Trustee Blomquist seconded the motion which carried by vote 4-0

The following resolution was offered by Mayor Sanders, seconded by Trustee Blomquist, and carried based upon a review of the evidence presented at the public hearings held on December 3, 2013, January 28, 2014, and March 4, 2014.

BOARD OF TRUSTEES

VILLAGE OF PIERMONT, COUNTY OF ROCKLAND

————————————————————————-X

In the Matter of the application of Phil Griffin

for Site Plan Approval pursuant to Village Code

Section 210-79, for a renovation/alteration to an

existing single family residence located at 107 Shad Row,

Piermont, New York, identified on the Orangetown tax

Map as Section 75.55, Block 1, Lot 1.8/109, in the RD

Zoning District on the Zoning Map for the Village of Piermont

————————————————————————-X

WHEREAS, The Village Board held a public hearings on the application on the 3rd day of December, 2013, the 28th day of January, 2014, and the 4th day of March, 2014, and due deliberations having been made on those days;

Village of Piermont Board of Trustees Minutes March 18, 2014

Page 5 of 15

Now, upon said hearing and upon the evidence adduced thereat, it is hereby found and determined that:

FINDINGS OF FACT & CONCLUSIONS OF LAW

FIRST:           The Applicant seeks Site Plan Approval from the Village Board for a renovation/alteration to an existing single family residence located at 107 Shad Row, Piermont, NY.

SECOND:      The Village Board, in reaching its Findings of Fact and Conclusions of Law has taken the following factual testimony and evidence under consideration:

1.                  The application and supporting documents submitted consisting of, inter alia, opinion from the Piermont Planning Board, PB#13-17, dated October 21, 2013; completed EAF and Coastal Assessment Form;  a 3-page blueprint document titled “Addition and Alterations to Griffin Residence, Piermont NY 10968”, dated 06-18-2013 by Robert Hoene, Architect A.I.A, unsigned (previous, similarly titled & dated documents were signed by Robert Hoene, AIA. The three pages were titled “A1.0, Existing Elevations”; “A2.0, Elevations and Sections”; and “A3.0, General Notes and Floor Plans”;  a copy of “Proposed Subdivision of Lots ‘D’ & ‘Y’”, prepared for Piermont Court Inc, by Loch surveyors & engineers P.C., dated August 14, 1995, and Elevation Drawings of Piermont Court, dated 7/10/95, by Nadler Philopena. ;

2.                  Testimony of  Robert  Hoene, A.I.A, on behalf of the Applicant;

3.                  Testimony of Burton I. Dorfman, Esq., on behalf of Applicant;

4.                  Village Board members’ knowledge of the site in question;

5.                  Site visits by all members of the Village Board and photograph taken by Trustee Silverberg;

6.                  Submission and testimony of Dennis Hardy (submission via email dated November 12, 2013), testimony and documentary evidence of  John Roth and Tatania Roth (109 Shad Row)(documentary evidence consisting of PowerPoint presentation prepared by Dominick Pilla Associates), testimony of resident Fred Devan, and testimony of the applicant.

THIRD:          The site in question is located in the RD West zoning district, with Site Plan Review authority vested in the Village Board pursuant to Village Code Articles XIA, XIV, and the standards set forth in Village Code sections 210-67.13 and 210-79 (b). The property owner acquired the property in 1996 pursuant to the local zoning regulations.

FOURTH:      The Applicants propose to construct a 812 square foot addition to the existing 1462 square foot dwelling, which would result in a total square footage of the dwelling being 2288 square feet.  The additional square footage is proposed to be located on the upper level of the building; as shown on the drawings essentially expanding the middle of the existing building by squaring off existing dormers to achieve more living space, extending out further towards the existing sides of the structure.   Mr. Hoene noted that the modifications will not extend out past the existing edges of the building, and that the ridge height of the roof would stay the same.

According to Mr. Hoene, given the existing architecture and location of the proposed modifications, there would be no visual impact from the Hudson River and Shad Row sides of the building.  A majority of the Village Board determined that there would be no significant change to the view shed resulting from the proposed addition.

The height of the window on the east/west sides of the addition are set above eye level (beginning at 5’8” ), and a privacy fence has been added to the west side of the addition to address the neighbors’

privacy concerns.  Furthermore, the Applicant stated that there is no access to the roof, and that the 2’9” railing added to that level is for aesthetics only.

 

FIFTH:           The Piermont Planning Board reviewed the application on a referral made from the Village Board, and rendered an “opinion” requesting that the Village Board consider the effect of higher development on abutting neighbors.  The Applicant’s stated purpose for requesting the addition is set forth in the Planning Board’s opinion, namely to repair roof damage caused during

Sandy, and to expand living space (the Applicant’s attorney testified before the Village Board that the proposal would result in the Applicant having “reasonable” living space) and applicant pointed out

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that his unit is a studio with no bedrooms requiring to sleep in an open room adjacent to the kitchen area. The proposed expansion is for the purpose of adding two bedrooms.

SIXTH:  The Building Inspector determined that the Applicant needed to secure written approval of his proposal from a majority of the owners of the lots shown on the August 14, 1995 subdivision plat referenced above.  The Village Attorney has provided the Board with his opinion that the signatures secured by the Applicant satisfy this requirement (see attached Memorandum of the Village Attorney dated March 15, 2014).

SEVENTH:   The Applicant’s abutting neighbors, John and Tatania Roth, presented evidence of what the addition would look like when completed; they testified that addition would impact their privacy.  They also stated that the Applicant misrepresented himself to the neighbors when seeking signatures from a majority of owners for his proposal.

EIGHTH:       A majority of the Village Board determined, upon carefully reviewing the drawings, the location of the proposed addition, and the modifications made to the plan designed to address the neighbors privacy concerns, that the Applicant had taken reasonable steps to address the neighbors privacy concerns.

NINTH:   A majority of the Village Board determined that the application itself is sufficiently unique such that its approval would not create a dangerous precedent for increases in height or bulk of the existing structures located near the subject property.  Specifically, the Village Board finds that (a) the relatively small post construction size of the dwelling (2288 sf), (b) the fact that the proposed addition does not increase the height of the building, (c) the fact that the proposed addition does not extend out past the footprint of the existing building and is set back from the front edge of the building by 12 feet, and the rear edge of the building by 15 feet on the east side and 12 feet on the west side, (d) the structure in which the applicant’s unit is located is currently the highest of the attached structures and the finished height will be slightly below the current ridge line of the roof, (e) none of the other attached structures contains more than one living unit making the applicant’s unit, which is part of a three unit structure, unique among the attached structures and (f) that there will be no obstruction of Hudson River Views resulting from the addition, render it unlikely that a similar application would come before the Board.

 

TENTH:         The Village Board applied the facts to the mandatory Site Plan Review Elements set forth in Section 210-79 of the Village Code and finds as follows:

  (1)   That the application will have no effect on traffic access points, roads, traffic signalization, signs, dividers and other safety controls, devices and facilities.

(2)   That the application will have no effect on pedestrian access and circulation within the site or on adjacent streets.

(3)  That the application will have no effect on off-street parking.

  (4)   That the addition will be adequately and the windows aligned so that the intrusion on neighbors will be minimized, and the location and size of the addition is keeping with the character of and serve to enhance the neighborhood.  This conclusion is based upon the application, the documents submitted in support of the application, the record created at the public hearing, the documents submitted to the Village Board relating to the application, and the factual findings designated FOURTH, SIXTH, EIGHTH and TENTH above.

(5)   That the application will have no effect on major stands of trees, outstanding natural topography, significant geological features and other areas of scenic, ecological and/or historic value , and no ecologically disruptive elements of site preparation, such as blasting, diversion of watercourses and the like, will be conducted.

(6)  That the application will have no effect on service areas, fire lanes, hydrants, equipment and material.

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(7)  That the application will have no effect on the stormwater drainage system as no additional impervious surface is proposed.  This conclusion is based upon the FOURTH finding of fact.

(8)  That the application will have no effect on the public and/or private disposal systems used on site.

(9)  That the application will have no effect on the public and/or private delivery systems for bringing potable water to the site.

(10)   That the nature of the addition to the existing residential dwelling as proposed is such that it will have no effect on adjacent and neighboring properties from the standpoint of noise, lighting glare, unsightliness or other objectionable features such as unsightly storage of garbage, refuse and recyclables.  This conclusion is based upon the factual findings designated FOURTH, SIXTH, EIGHTH and TENTH above.

(11)   That the application does not propose a use is a nonresidential use which would adjoin residential areas.

 

(12) That the application does not propose land disturbance, therefore Article XIX of the Piermont Code (entitled” Environmentally Sensitive Sites”) is not applicable.

(13)   That the application does not propose accessory structures and accessory buildings.

(14)   The application does not fall within the intent of § 7-704 of the Village Law of the State of New York (entitled “Purposes in View”).

(15)   That the application, to the maximum extent practicable, does not propose modifications to the existing building which would result in adverse impacts to neighboring properties’ existing lines of sight and viewscapes of the Hudson River, Sparkill Creek (n/a), Piermont Marsh (n/a) and/or Tallman Mountain (n/a).  This conclusion is based on the architectural drawings submitted by the Applicant’s architect, the location and size of the proposed addition, and the Village Board member’s familiarity with the site in question.

(16)   The appearance, design and style of the exterior of building will not be adversely effected by the proposed addition (based on the architectural drawings submitted by the Applicant’s architect and the Village Board member’s familiarity with the site); and the landscaping of the existing building is not affected by the proposed addition.

These Findings of Fact were moved and passed. (4-0).

 

CONCLUSIONS OF LAW:

FIRST:  that the Village Board of Trustees undertakes a SEQRA review of the proposed Site Plan and finds as follows:

(A)       That the Site Plan Application is an “Action” under NYCRR 617.5.

 

(B)       That the Village Board of Trustees, based upon the application, the documents submitted in support of the application, the record created at the public hearing, the documents submitted to the Village Board relating to the application, the Village Board’s review of the site plan elements contained in the Village Code, and the factual finding designated FOURTH, SIXTH, EIGHTH and

TENTH above, finds and determines that the proposed addition will have no adverse effect on the environment that have not been mitigated.

(C)       That the Village Board of Trustees therefore issues a “Negative Declaration” under SEQRA.

           

SECOND:      Although the Applicant’s dwelling is located in an area included in the approved Local Waterfront Revitalization Program, as noted in the CAF prepared by the Village Engineer

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reviewed by the Village Board, there are no significant effects on any coastal resource area as a result of the proposal (and the relatively minor construction proposed by the Applicant), nor any significant effects on delineated coastal resources identified on the Coastal Assessment Form as a result of the project. The Village Board reached this determination by considering the CAF Form prepared by the Village Engineer within the context of its factual findings set forth in the paragraph designated FOURTH above.

Furthermore, the Village Board has reviewed the LWRP policy standards and conditions, which are derived from and further explained and described in Section III of the Village of Piermont LWRP (a copy of which is on file in the Village Clerk’s office and available for inspection during normal business hours) with a view towards determining whether the application is consistent with such policies and standards.  Specifically, and based on the Village Board’s review of the site plan elements contained in the Village Code, and the factual finding designated FOURTH, SIXTH, EIGHTH and TENTH above, the Village Board determines that the addition proposed by the applicant is consistent with and does not conflict with the LWRP standards and conditions set forth in Village Code section 198-21(I)(1-19).

Therefore, the Village Board determines that the application does not conflict with the Local Waterfront Revitalization Plan, and the Village Board further determines that the application is consistent with LWRP policy standards and conditions.

THEREFORE BE IT RESOLVED  that the Board has reviewed the Site Plan Review Elements as required by the Village Code, considered and adopted the findings of fact and the conclusions of law, and finds in the interest of justice that the Site Plan Review Application should be APPROVED with the following conditions:

1.  An exterior Lighting Plan (if applicable) shall be submitted and approved by the Building Inspector.

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

3.  All necessary steps shall be taken to secure a C.O. for the residential use permitted at the premises.

4 All construction shall be consistent with the plans presented to the Village Board including but not limited to:(a) window openings shall be placed no lower than 5 feet 8 inches above floor level, (b) the structure shall be no higher and of no greater bulk than presented, (c) there shall be no roof access except as may be necessary to allow maintenance, (d) the proposed privacy fencing shall be constructed and (e) the structure shall be set back from the front and rear facade as presented.

5. No certificate of occupancy may be issued unless construction is completed in full conformity with the information representation submitted by the applicant and his representatives to the Village Board.

On a roll call, the vote was as follows:

Ayes:   Mayor Sanders, Trustee Blomquist, Trustee Silverberg, Trustee DeFeciani

Nays:  

Abstain: Trustee Gallucci recused himself and took no part in the discussion or vote.        

 

Continuation of Claudia Kempton Site Plan application for the renovation/addition/alteration of a single family residence

 

Village Attorney Walter Sevastian commented this is a site plan application before the board and the public hearing was closed at the last Village Board Meeting.  The board asked him to provide a legal opinion as to whether the signatures submitted were sufficient for the required majority vote.  He summarized and referred to his memorandum to the Village Board which includes his findings listed above the same as Mr. Griffin’s site plan application

 

 

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Trustee Blomquist commented that his only concern was the issue regarding the signatures obtained for the majority vote, which the Village Attorney addressed.

Mayor Sanders commented and repeated this should not create a dangerous precedent.  Trustee Blomquist moved to adopt the “Negative Declaration” as set forth in the finding statement. Trustee DeFeciani seconded the motion which carried by vote 4-0

 

Trustee DeFeciani moved to adopt this application as it is consistent with LWRP policy standards and conditions.  Trustee Blomquist seconded the motion which carried by vote 4-0

 

Thefollowingresolutionwas offeredbyMayor Sanders,secondedbyTrustee Blomquist,andcarriedbaseduponareviewoftheevidencepresentedatthepublichearingsheld on January 28, 2014, and March 4, 2014.

 

BOARD OF TRUSTEES

VILLAGE OF PIERMONT,COUNTYOF ROCKLAND

————————————————————————-X

IntheMatteroftheapplication ofClaudia Kempton

forSite Plan Approval pursuant to Village Code

Section 210-79, for a renovation/alteration to an

existing single family residence located at 105 Shad Row,

Piermont, New York, identified on the Orangetown tax

Map as Section 75.55, Block 1, Lot 1.8/107, in the RD

Zoning District on the Zoning Map for the Village of Piermont

————————————————————————-X

WHEREAS, The Village Board heldapublichearings on the application on the 28th day of January, 2014, and the 4th day of March,2014,andduedeliberations havingbeen madeon those days;

Now,uponsaidhearingandupontheevidenceadducedthereat,itis herebyfoundanddeterminedthat:

FINDINGSOF FACT &CONCLUSIONSOF LAW

FIRST:    TheApplicant seeks Site Plan Approval from the VillageBoardfor a renovation/alteration to an existing single family residence located at 105 Shad Row, Piermont, NY.

SECOND:    TheVillage Board,in reachingits Findings ofFactandConclusions ofLawhas takenthefollowingfactualtestimonyandevidenceunderconsideration:

1.                  Theapplication andsupportingdocuments submitted consisting of, inter alia, opinion from the Piermont Planning Board, PB#13-24, dated December 9, 2013; completed EAF and Coastal Assessment Form;  a 1-page blueprint document titled “Piermont Plaza Layout, Piermont NY 10968”, dated 05-13-2011, signed by Robert Hoene, AIA;

2.                  Testimonyof Robert  Hoene, A.I.A,onbehalfoftheApplicant;

3.                  Testimony of Burton I. Dorfman, Esq. as a member of the public;

4.                  Village Board members’knowledgeofthesiteinquestion;

5.                  Sitevisits byallmembers oftheVillage Board;

6.                  Testimony and documentary evidence of  John Roth and Tatania Roth (109 Shad Row)(documentary evidence consisting of photographs and depictions of post construction elevations of the building), and testimony of the Applicant.

THIRD:     Thesiteinquestion is locatedintheRD Westzoningdistrict, with Site Plan Review authority vested in the Village Board pursuant to Village Code Articles XIA, XIV, and the standards set forth in Village Code sections 210-67.13 and 210-79 (b).Theproperty

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owner acquiredthe propertyin2011pursuanttothelocalzoningregulations.

FOURTH:   TheApplicants propose toconstructan 86squarefoot exteriordeck on the north side of the Applicant’s dwelling, designed to connect the two existing decks on that side of the building.  The Applicant stated that the original plan for the construction of the existing decks generated when she bought the unit in 2011 showed one long deck running the length of her unit, but the construction plan was altered to reflect the currently existing two smaller decks.  The Applicant’s proposal would complete the original plan and connect the existing decks, which would conform to the other decks on the building that run the full length of the various units.

 

FIFTH:        ThePiermontPlanningBoard reviewed the application on a referral made from the Village Board, and rendered an opinion stating “that connecting the two decks does not change any views and is minor in nature”. 

SIXTH:  The Building Inspector determined that the Applicant needed to secure written approval of his proposal from a majority of the owners of the lots shown on the August 14, 1995 subdivision plat referenced above.  The Village Attorney has provided the Board with his opinion that the signatures secured by the Applicant satisfy this requirement (see attached Memorandum of the Village Attorney dated March 15, 2014).

 

SEVENTH:  TheApplicant’s abutting neighbors, John and Tatania Roth, presented photographic evidence of the northeasterly portion of one of the existing decks on the Applicant’s unit which is visible from the Roth’s unit.  John Roth testified that the Applicant had constructed the existing decks “under questionable circumstances”, and that the existing deck shown in the photograph impedes his view.  Mr. Roth testified that he was “willing to compromise” and that if the Applicant wanted to “complete” her existing deck he would be “willing to allow her to complete the project with some modifications” – modifying her existing northeasterly deck to remove it from impeding his view of the river.

 

EIGHTH:            A majority of the Village Board determined, upon carefully reviewing the drawings, the location of the proposed new deck (only connecting the two existing decks in an area not visible from the Roth’s unit), that the proposal would not alter any existing views.  This determination was also made by the Planning Board in its report to the Village Board.

 

NINTH:   A majority of the Village Board determined that the application itself is sufficiently unique such that its approval would not create a dangerous precedent for increases in bulk of the existing structures located near the subject property.  Specifically, the Village Board finds that (a) the relatively small size of the proposed deck (a maximum of 86 sf), (b) the fact that the proposed new deck merely connects two existing decks and does not increase the height of the building, and (3) that there will be no obstruction of Hudson River Views resulting from the new deck, render it unlikely that a similar application would come before the Board.

       

 

TENTH:  TheVillage Board applied the facts to the mandatory Site Plan Review Elements setforthinSection210-79 of the Village Code and finds as follows:

  (1)   That the application will have no effect on traffic access points, roads, traffic signalization, signs, dividers and other safety controls, devices and facilities.

 

(2)   That the application will have no effect on pedestrian access and circulation within the site or on adjacent streets.

 

(3)  That the application will have no effect on off-street parking.

 

  (4)   That the construction of the new deck is minor in nature, and is in keeping with the character of  the building and serves to enhance the neighborhood.  This conclusion is based upon the application,

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the documents submitted in support of the application, the record created at the public hearing, the documents submitted to the Village Board relating to the application, and the factual findings designated FOURTH, SIXTH, EIGHTH and NINTH above.

(5)   That the application will have no effect on major stands of trees, outstanding natural topography, significant geological features and other areas of scenic, ecological and/or historic value , and no ecologically disruptive elements of site preparation, such as blasting, diversion of watercourses and the like, will be conducted.

(6)  That the application will have no effect on service areas, fire lanes, hydrants, equipment and material.

(7)  That the application will have no effect on the stormwater drainage system as no additional impervious surface is proposed.  This conclusion is based upon the FOURTH finding of fact.

(8)  That the application will have no effect on the public and/or private disposal systems used on site.

(9)  That the application will have no effect on the public and/or private delivery systems for bringing potable water to the site.

(10)   That the addition of a small deck to connect the existing decks at the Applicant’s residence dwelling as proposed is such that it will have no effect on adjacent and neighboring properties from the standpoint of noise, lighting glare, unsightliness or other objectionable features such as unsightly storage of garbage, refuse and recyclables.  This conclusion is based upon the factual findings designated FOURTH, SIXTH, EIGHTH and NINTH above.

(11)   That the application does not propose a use is a nonresidential use which would adjoin residential areas.

(12) That the application does not propose land disturbance, therefore Article XIX of the Piermont Code (entitled” Environmentally Sensitive Sites”) is not applicable.

(13)   That the application does not propose accessory structures and accessory buildings.

(14)   The application does not fall within the intent of § 7-704 of the Village Law of the State of New York (entitled “Purposes in View”).

 (15)   That the application, to the maximum extent practicable, does not propose modifications to the existing building which would result in adverse impacts to neighboring properties’ existing lines of sight and viewscapes of the Hudson River, Sparkill Creek (n/a), Piermont Marsh (n/a) and/or Tallman Mountain (n/a).  This conclusion is based on the architectural drawings submitted by the Applicant’s architect, the location and size of the proposed new decking, and the Village Board member’s familiarity with the site in question.

(16)   The appearance, design and style of the exterior of building will not be adversely effected by the proposed new decking (based on the architectural drawings submitted by the Applicant’s architect and the Village Board member’s familiarity with the site); and the landscaping of the existing building is not affected by the proposed addition.

TheseFindings ofFactweremovedandpassed.(4-0).

 

CONCLUSIONSOF LAW:

 

FIRST:  that the Village Board of Trustees undertakes a SEQRA review of the proposed Site Plan and finds as follows:

(A)       That the Site Plan Application is an “Action” under NYCRR 617.5.

 

(B)       That the Village Board of Trustees, based upon the application, the documents submitted in support of the application, the record created at the public hearing, the documents submitted to the Village Board relating to the application, the Village Board’s review of the site plan elements contained in the Village Code, and the factual finding designated FOURTH, SIXTH, EIGHTH, NINTH and TENTH above, finds and determines that the proposed addition will have no adverse effect on the environment.

(C)       That the Village Board of Trustees therefore issues a “Negative Declaration” under SEQRA.

           

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SECOND:      Although the Applicant’s dwelling is located in an area included in the approved Local Waterfront Revitalization Program, as noted in the CAF prepared by the Village Engineer reviewed by the Village Board, there are no significant effects on any coastal resource area as a result of the proposal (and the relatively minor construction proposed by the Applicant), nor any significant effects on delineated coastal resources identified on the Coastal Assessment Form as a result of the project. The Village Board reached this determination by considering the CAF Form prepared by the Village Engineer within the context of its factual findings set forth in the paragraph designated FOURTH above.

Furthermore, the Village Board has reviewed the LWRP policy standards and conditions, which are derived from and further explained and described in Section III of the Village of Piermont LWRP (a copy of which is on file in the Village Clerk’s office and available for inspection during normal business hours) with a view towards determining whether the application is consistent with such policies and standards.  Specifically, and based on the Village Board’s review of the site plan elements contained in the Village Code, and the factual finding designated FOURTH, SIXTH, EIGHTH, NINTH and TENTH above, the Village Board determines that the addition proposed by the applicant is consistent with and does not conflict with the LWRP standards and conditions set forth in Village Code section 198-21(I)(1-19).

Therefore, the Village Board determines that the application does not conflict with the Local Waterfront Revitalization Plan, and the Village Board further determines that the application is consistent with LWRP policy standards and conditions.

 

THEREFORE BE IT RESOLVED  that theBoardhas reviewed the Site Plan Review Elements as required by the Village Code, considered and adoptedthefindings offactandtheconclusions oflaw, andfinds intheinterestofjusticethattheSite Plan Review Application should be APPROVEDwiththefollowingconditions:

 

1.  An exterior lighting Plan (if applicable) shall be submitted and approved by the Building Inspector.

 

2.  The Applicant shall paint all untreated wood within 6 months of installation.

 

3.  The Applicant shall install appropriate privacy screening on the easterly portion of the deck.

On a roll call, the vote was as follows:

Ayes:   Mayor Sanders, Trustee Blomquist, Trustee Silverberg, Trustee DeFeciani

Nays:  

Abstain: Trustee Gallucci recused himself and took no part in the discussion or vote.        

Trustee Gallucci reentered the meeting.

 

Request from Pier 701 to hold “Neil Berg’s Rock & Roll Decades” event

There were no representatives from Pier 701present.  The Mayor read from a brief description of the requested event as to be held on July 7 from 2 to 4 on the outside deck.   Village Attorney

Walter Sevastian advised the Board that the event during those hours was within the limits set by the Village Code and did not need board approval.

 

Village Clerk Delivers FYE 2015 Budget & confirms date of Public Hearing

Village Clerk Stephanie Tassello submitted projected budget for FYE 2015, and confirmed the Public Hearing on April 1, 2014 at 8:00pm for Budget Fiscal Year End 2015

Mayor Sanders thanked all departments, and reported the proposed budget has a tax levy increase of less than a 1%

Continuation of Public Hearing (7:45) Special Permit Application from Robert Gazetta to establish a restaurant use

Robert Gazetta submitted a request to withdraw his application

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Trustee Silverberg Gallucci Jr. moved to close the public hearing due to Mr. Gazetta withdrawing his application.  Trustee Gallucci Jr. seconded the motion which carried by vote 5-0

 

Request for Special Permit from Carolyn Doyle Winter to convert a single-family dwelling to a two family dwelling

 

Building Inspector Charles Schaub reported Carolyn Winter presently has a single family and would like to convert to a two family.

 

Carolyn Doyle Winters commented she is making this request 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, 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 Silverberg moved to refer this application to the above mentioned Boards for review and hold a public hearing on May 13, 2014 at 7:45pm for a Special Permit for Carolyn Doyle Winter to convert a single family dwelling to a two family dwelling.  Trustee Gallucci Jr. seconded the motion, and upon vote the motion carried by vote 5-0

 

Resolution to amend Road/Sidewalk Opening Permit Fee Schedule

 

Mayor Sanders reported the existing fees for Road/Sidewalk Opening does not cover the cost to repair it.  Once the road/sidewalk is opened it is never restored to pre-existing condition.  The present fee is based on half a roadway or a full roadway.   The Mayor suggested that the fee should be based on a linear foot.  Discussion was held regarding the proposed changes.  

 

Village Attorney Walter Sevastian said the board can adopt a resolution with a new fee schedule but would need to schedule a public hearing to amend Village Code.  He referred to the new fee schedule as follows;

ROAD/SIDEWALK PERMIT FEE SCHEDULE

(EFFECTIVE AS OF 3/18/14)

ROAD/STREET   OPENINGS:

$1,000.00 – SECURITY DEPOSIT

$10.00 –  PER LINEAR FOOT (MINIMUM OF $300.00)

$50.00   -INSPECTION FEE

SIDEWALK/DRIVEWAY APPROACH OPENINGS :

$250.00 -SECURITY DEPOSIT

$150.00 -APPLICATION FEE

* (INSPECTION FEES ARE INCLUDED)

Trustee Gallucci Jr. moved to adopt the Amended Road/Sidewalk fee schedule in accordance with the recommendations from the Department of Public Works, effective immediately.  Trustee Silverberg seconded the motion which carried by vote 5-0.      

 

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Schedule a Public Hearing Amending Section 172-5 of Village Code entitled “Street and Sidewalks opening and excavations” Local Law #3 of 2014

 

DPW Superintendent Tom Temple reported a change to the local law would restrict road/sidewalk openings from November 15 until April 1 unless due to an emergency.

 

Trustee Silverberg referred to Tom Temple comment regarding any work done from November 15 to April 1 and suggested adding a requirement for the applicant to have an escrow account.

DPW Superintendent Tom Temple replied there is currently a requirement for a security deposit

 

Trustee Gallucci Jr. suggested having the applicant increase their insurance liability than what is currently is required.

 

Trustee Blomquist made a motion to schedule a Public Hearing on Amending Section 172-5 of Village Code entitled “Street and Sidewalks opening and excavations” Local Law #3 of 2014 on April 29, 2014 at 7:45pm.  Trustee Gallucci Jr. seconded the motion which carried by vote 5-0

 

Review 2014 Proposal from Accountants JH Cohn/Reznick

Mayor Sanders commented he has been pleased with the reports and accounting procedures from JH Cohn/Reznick.

 

The board reviewed the proposal from JHCohn/Reznick Accountants & Consultants to provide accounting and yearend audit services in the amount of $12,750 for budget year 2014/2015.

 

Trustee Silverberg moved to approve JH Cohn/Reznick Accounting Services in the amount of $12,750 for budget year 2014/2015. Trustee Gallucci Jr. seconded the motion which carried by vote 5-0

 

Review and approve Grievance Application determinations and authorize the Mayor to sign the Notices of Determination

The Grievance Determinations by the Assessor/Consultant for 2014 were reviewed. 

Mayor Sanders commented the grievance applications were discussed in detail with the Assessor/Consultant and there were a number of reductions which he felt were overall fair.

 

Trustee Blomquist moved to approve the Grievance Determinations except Grievances listed in Harbor Cove.  Trustee Gallucci Jr. seconded the motion which carried by vote 5-0.

 

Trustee Gallucci Jr. moved to adopt the Grievance Determinations listed in Harbor Cove.  Trustee DeFeciani seconded the motion which carried by vote 4-0.

Trustee Silverberg abstained.

 

 Request from the Piermont Chamber of Commerce to hold their annual Bastille Day Event

Trustee Silverberg moved to approve the Chamber of Commerce Annual Bastille Day on Saturday July 12, 2014 from 12:00pm to 10:00pm.  Trustee DeFeciani seconded the motion which carried by vote 5-0

 

Approve and Award Bid for Tractor with Hydraulic platform

 

Trustee DeFeciani moved to award the Bid of the Tractor with Hydraulic Platform in the amount of $134,730 to Cyncon Equipment, Inc.  Trustee Gallucci Jr. seconded the motion, which was carried by a vote of 5-0.

 

Approval of Warrant

Trustee Blomquist moved to approve the Warrants in the amount of $ 379,655.85 attached to the Minutes.  Trustee Gallucci Jr. seconded the motion, which was carried by a vote of 5-0.

 

 

Village of Piermont Board of Trustees Minutes March 18, 2014

Page 15 of 15

 

Old/New Business

 

Trustee DeFeciani reported she received an email from Dan Sherman chairman of the Parks and recreation regarding cleaning up the parking lot medians. 

 

Trustee Silverberg commented he recently attended a Scenic Hudson Storm Task meeting which they are getting closer to scheduling a meeting which will be open for Public input.

 

Mayor Sanders commented received a letter from Stewart Kaiser regarding concerns of cyclists.

 

Chief O’Shea reported he has issued additional Police Officers specific to handling cyclists on the weekends.  He also commended Police Detective Brian Holihan on a recent DWI arrest which involved an accident. 

 

Mayor Sanders received a letter from River Keeper, notifying the Village of Piermont they will be releasing the results of their water quality testing to the public during the second week in March. 

 

Mayor Sanders contacted Betsy Blair to schedule a Public Forum regarding the DEC plans to restore the Piermont Marsh.  He has tentatively scheduled the meeting for Tuesday, April 22, 2014 at 7:00p.m. ß is awaiting confirmation from Betsy Blair.

 

Executive Session

 

Trustee DeFeciani moved to enter into Executive Session to discuss Pending Litigation, and discussion on personnel compensation.  The motion was seconded by Trustee Gallucci Jr. and upon vote the Board entered Executive Session.

 

During the Pending Litigation discussion, Trustee Silverberg recused himself and left the boardroom. He returned for the discussion on Personnel Compensation.

 

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

 

Trustee Silberberg made a motion to authorize Chief O’Shea to fund an employee physical examination by an Independent Medical Examiner, using funds from his Part-time Employee budget. Trustee Blomquist seconded the motion which carried by a vote of 5-0

 

Adjournment

Trustee Gallucci Jr. moved to adjourn the meeting at 9:30pm. Trustee Defeciani seconded the motion, which was carried by a vote of 5-0.

 

                                                                                               

                                                                                                           

Respectfully submitted,

Stephanie Tassello

Clerk-Treasurer

February 18, 2014

INCORPORATED VILLAGE OF PIERMONT

BOARD OF TRUSTEES MEETING

February 18, 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

 

 

 

The Village Board held a Tax Grievance Hearing starting at 6:30 p.m. until 7:30 p.m. with Assessor/Consultant Brian Kenny in attendance.  Several grievance applications were filed prior to the meeting, and two grievances were submitted at the meeting.

 

The regular Board of Trustees meeting opened at 7:30 p.m.

 

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

 

Public Comment

 

Robert Samuels advised the Board the automatic door opener for the main entrance of Village Hall was not working.

 

Fred Devan advised the board the intersection of 9W on to Broadway was dangerously narrow due to snow buildup.Mayor Sanders asked Trustee Gallucci Jr. to advise the DPW Department of this hazard.

 

 

Approval of Minutes

 

Trustee Defeciani, moved to approve the minutes from the February 4, 2014 meeting of the Board of Trustees.  Trustee Blomquist seconded the motion, which carried by a vote 5-0.

 

 

Department Reports

 

DPW

DPW Superintendent Tom Temple -absent

 

Fire Dept.

Chief Cavanaugh – absent

 

Police Dept.

Chief O’Shea-absent

 

Building Dept.

Building Inspector Charles Schaub had nothing additional to report.

Continuation of Public Hearing – Phil Griffin Site Plan application for the renovation/addition/alteration of a single family residence

Trustee Gallucci Jr. recused himself and left the boardroom.

Village Attorney Walter Sevastian again advised the Board that he represented both Bette Lowey and Claudia Kempton in his private practice several years ago.  He currently does not have an attorney-client relationship with either Ms. Lowey or Ms. Kempton; and is not a voting member of the board.  He does not think it will impair his job function of providing legal advice to the Board as of Trustees with respect to the Site Plan applications and the potential opposition thereto.   

 

 

 

Village of Piermont Board of Trustees Minutes February 18, 2014

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Trustee Silverberg commented it has been many years since Village Attorney represented Claudia Kempton he does believe there will be any conflict with the Village Attorney providing legal advice to the Board of Trustees.

 

Trustee Blomquist agreed with Trustee Silverberg

Trustee DeFeciani also agreed with Trustee Silverberg

Mayor Sanders also agreed with Trustee Silverberg

 

Village Attorney Walter Sevastian commented at a previous board meeting Phil Griffin request was adjourned and referred to the Zoning Board of Appeals for a Determination of which versuib of the Site Plan would apply.  This request is based on Map No. 6944, Book 116 Page 75 Filed December 8, 1995 in the office of the Rockland County Clerk referencing note #12 that “no exterior change to the applicant’s building is permitted without the written approval of the majority of the unit owners of the buildings located on Lot “D” and Lot “Y” as shown on the subdivision Plat”, or if the 1997 Map supersedes the recorded 1995 Map.  Recently Mr. Griffin and Claudia Kempton contacted the Village Clerk to be placed on the Village Board agenda advising they had received majority approval from their neighbors and withdrew their request to go before the Zoning Board of Appeals.  Although on the agenda this evening, Mr. Sevastian advised the board they would need to establish and schedule a date and time to continue the Public Hearing.

 

Although this application would be continued, Mayor Sanders asked the boards initial thoughts on the proposal.

 

Trustee Silverberg expressed concern about setting a precedent this may create; there are several adjacent properties that could also expand.  He is also concerned with the visual impact this may have on the river front.

 

Trustee Blomquist is also concerned with setting a precedent, however he will take into account the modifications Mr. Griffin has made to his site plan to address the concerns of his neighbors.

 

Trustee DeFeciani agreed with Trustee Blomquist, further stating if Mr. Griffin request is an allowable use within Village Code she would not have a problem approving it.

 

Mayor Sanders is concerned with the project adding significant bulk.  He voiced his appreciation that Mr. Griffin addressed the neighbors concerns over privacy by amending the location of the windows on the latest plan.

 

Trustee DeFeciani moved to schedule the continuation of the Public Hearing for Site Plan application for the renovation/addition/alteration of a single family residence on March 4, 2014 at 7:35pm.  Trustee Blomquist seconded the motion which carried by a vote 5-0

 

Continuation of Public Hearing – Claudia Kempton Site Plan application for the renovation/addition/alteration of a single family residence

Trustee Silverberg commented he does not have a problem with Claudia Kemptons site plan application.

Mayor Sanders commented he also does not have a problem with Claudia’s site plan application, but suggested to Claudia to consider and address some of the privacy concerns of her neighbors.

Trustee Blomquist agreed with Trustee Silverberg

Trustee Blomquist moved to schedule the continuation of the Public Hearing for Site Plan application for the renovation/addition/alteration of a single family residence on March 4, 2014 at 7:40pm.  Trustee DeFeciani seconded the motion which carried by a vote 5-0

Trustee Gallucci Jr. re-entered the meeting

Village of Piermont Board of Trustees Minutes February 18, 2014

Page 3 of 5

Presentation from Michael Safko for his preliminary hotel/residential development plan

Mayor Sanders informed the board that he had previous held a meeting with Trustee Silverberg, Village Attorney Walter Sevastian and Mr. Safko to discuss his proposed project for the Castle on 9W. 

 

Mr. Safko introduced himself currently residing in Piermont.  He came before the board seeking guidance and direction of this preliminary $70,000,000 Development plan for a Luxury Resort and Spa on the Castle Site.  He reviewed details of this project which includes hotel rooms and suites, townhouses, restaurants, banquet facilities, art space, spa and fitness center, indoor/ outdoor pools, tennis courts, and other amenities.  He believes this project will directly have a positive impact on the local economy by adding temporary construction jobs, and permanent jobs at the hotel.  It will increase tourism to the area, and he believes it will also significantly increase the tax base to the Village of Piermont.  He is willing to work with the Board and make any modifications, as long as it is remains financially suitable.  He also introduced his partner and Project Architect, William Brothers of WQB Architecture PLLC.  He lastly commented that he is willing to work with the board and the residents of Piermont, and thinks this project will be beneficial for all. 

 

Mayor Sanders informed the board that the project is within the R40 zoning district, zoned for single family homes on 1 acre, and the proposed project would need use & area variances.  He referred to Mr. Safko‘s request to get guidance and asked the Board for their comment.

 

Trustee Silverberg thanked Mr. Safko for providing a preliminary draft of his proposal.   He suggested to Mr. Safko to provide additional details, but understands this is preliminary. He stated the board would need to create a new zoning district or change the zone to allow various conditions.  As an example, Mr. Safko would need to provide a traffic study, and a visual impact study. 

 

Trustee Gallucci Jr. summarized the prior comments and agreed with Trustee Silverberg comments.

 

Trustee Blomquist commented this is a very ambitious project and agreed with Trustee Silverberg there needs to be more details on the possible impacts of this project.

 

Trustee DeFeciani questioned the procedures for a project of this magnitude.

 

Village Attorney Walter Sevastian reviewed the procedures for a zoning amendment.

 

Mayor Sanders thanked Mr. Safko for his presentation and expressed concern of the extent of the construction and the impact of the overall project to the surrounding neighbors and roads. 

 

Mr. Safko commented they are flexible and willing to address any issues as they arise, however he does not think it there will be a drastic impact. 

 

William Brothers commented the majority of the roads are existing paved roads they would just widen them.

 

Mayor Sanders suggested due to the size of the project to provide a more details.  

 

Trustee Silverberg suggested that the Board retain jurisdiction for site plan approval on a project like this, and depend on the planning board for advisory opinions. He thinks this project has a lot of possibilities; however he would like Mr. Safko to provide additional details.

 

Mike Safko commented he would like a timeline to expedite this project and is seeking guidance as to the process.

 

Mayor Sanders replied the board cannot provide a timeline nor expedite the process as this is a large project.

Village of Piermont Board of Trustees Minutes February 18, 2014

Page 4 of 5

 

Village Attorney Walter Sevastian commented the first step for Mr. Safko is to submit an application, and schedule a meeting with the planner and the Building Inspector. 

 

Trustee Silverberg referred to his prior comment regarding Mr. Safko to providing additional details including a visual impact study, a traffic study, and all other documents needed required for a site plan approval.  He may also need an environmental impact study.

 

Village Attorney Walter Sevastian provided suggestions to assist them in proceeding with the project.

 

Mayor Sanders commented we would need input from the Community and the Chamber of Commerce.

 

Mike Safko commented he thinks it would be relatively important, he thinks the sooner he gets the input from the community the better.

 

Trustee Gallucci Jr. commented to Mr. Safko that he would need to provide additional documents and details in order for them to begin the process.   

 

Mayor Sanders tabled this item to another Village Board Meeting.

 

Declare Model Z40 Microfilm Reader Surplus

Trustee Silverberg moved to declare the Model Z40 Microfilm reader surplus.  Trustee Gallucci Jr. seconded the motion which carried by a vote 5-0

Request from Rockland Road Runners to hold their Annual South Nyack 10 Mile Run on September 7, 2014

Trustee DeFeciani moved to approve the Rockland Road Runners Annual South Nyack 10 Mile Run on September 7, 2014.  Trustee Blomquist seconded the motion, which carried by vote 5-0

 

Request from NYCLASS amendment to the agreement

 

RESOLUTION NO.   218-14                     VILLAGE OF PIERMONT

TITLE:            AMENDEMENT DATED AS OF March 4, 2014 TO THE COOPERATIVE LIQUID ASSET SECURITIES SYSTEM MUNICIPAL COOPERATION AGREEMENT AS AMENDED AND RESTATED AS OF APRIL 23, 2012.

Mayor hereby designates The Municipal Cooperation Agreement referenced above is hereby amended so that the following changes are made;

1.      The NYCLASS Investment Policy better conforms to New York State General Municipal Law.

2.      The Governing Board is empowered with the ability to further amend the Investment Policy without further amendment to the cooperative, but while still maintaining appropriate notice to Participants

3.      Allows the potential creation of other investment options as market conditions change or improve over time.

 

This Resolution was moved by Trustee Silverberg and seconded by Trustee

DeFeciani.  Upon vote the motion carried unanimously

 

Approval of Warrant

Trustee Blomquist moved to approve the Warrants in the amount of $191, 092.23 attached to the Minutes.  Trustee Gallucci Jr. seconded the motion, which was carried by a vote of 5-0.

 

Old/New Business

Trustee DeFeciani reported she met with the Village Clerk to review costs associated with preparation of documents for Planning/Zoning and Village Board Meetings.  She explained the

Village of Piermont Board of Trustees Minutes February 18, 2014

Page 5 of 5

 

Village had submitted a grant for the purchase of tablets which will help reduce associated costs, and is awaiting notification.

 

Trustee Blomquist reported he recently reviewed Fiscal 2015 budgets with the Fire Department and the Police Department.

 

Trustee Silverberg reported the Historical Society held a successful meeting they are in the process of fundraising and creating an educational program.  He attended the task force meeting with scenic Hudson which they will soon reach out to the public for their input.

 

Mayor Sanders reported he had received an agreement from Brooker Engineering which included a proposed increase their fees.  Mayor Sanders will contact Brooker Engineering to discuss their contract.  He also received a request from Lamb & Barnosky LLP to increase their fees which he will provide copies to the board to review at the next Village Board Meeting on March 4, 2014.

 

Adjournment

Trustee Gallucci Jr. moved to adjourn the meeting at 9:05pm. Trustee DeFeciani seconded the motion, which was carried by a vote of 5-0.

 

                                                                                               

                                                                                                           

Respectfully submitted,

Stephanie Tassello

Clerk-Treasurer

February 4, 2014

INCORPORATED VILLAGE OF PIERMONT

BOARD OF TRUSTEES MEETING

February 4, 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 everyone in the Pledge of Allegiance.

 

Public Comment

Ann Putko a resident of Piermont referred to an email addressed to the board and to Rockland County elected officials regarding scheduling an event on the Pier to commemorate the 70th Anniversary of D-Day.  She is in the process of organizing the event which will honor the 500,000 soldiers that embarked from Piermont.  She will be seeking approval from the board and will provide more details of the event as they are scheduled.

 

Mayor Sanders confirmed he received her email and he expressed interest in scheduling a memorial event to honor the Soldiers of D-Day.

 

Approval of Minutes

 

Trustee Defeciani, moved to approve the minutes from the January 28, 2014 meeting of the Board of Trustees.  Trustee Gallucci Jr. seconded the motion, which carried by a vote 5-0.

 

 

Department Reports

 

DPW

DPW Superintendent Tom Temple -absent

Fire Dept.

Chief Cavanaugh – absent

 

Police Dept.

Chief O’Shea will submit his monthly report and had nothing additional report

 

 

Building Dept.

Building Inspector Charles Schaub submitted his monthly report, and is currently working with Hudson Micro Imaging to digitize the building department records.

 

Request from Dennis Whitton to waive provision of noise ordinance for live music at Pier 701

Dennis Whitton owner of Pier 701 requested permission to allow live music Friday and Saturday until 12:30 a.m.; He is requesting the extension because the bands do not start performing until 9:30pm which does not provide them ample time to perform.  He is also working diligently to keep the noise at a minimum so it does penetrate past the property lines and affect the surrounding neighbors. 

Mayor Sanders questioned Village Attorney Walter Sevastian regarding the legalities of waiving a provision of the noise ordinance.

Village Attorney Walter Sevastian reported the applicant is requesting to allow live music past the noise ordinance which is a prohibited by Village code. He referred to another section of the noise ordinance which states amplification of sound beyond the property lines at any time is

Village of Piermont Board of Trustees Minutes February 4, 2014

Page 2 of 7

prohibited except by special permit by the Board of Trustees.  There have been special permits issued for special events, however he does not think the code was written for this type of request.

Trustee Silverberg requested clarification from what Mr. Whitton, referring to his comment that the amplified music will not penetrate the surrounding property lines, but at the same time he is asking for a waiver.  He referred to Village Code stating music can be played at anytime as long as it does not penetrate property lines.

Dennis Whitton replied he is trying to work with all neighbors and wants to abide by the law.  He is confused with the law and thought he could not play any music after 11:00pm, but would like the special permit to play the music anytime but stay within the noise ordinance.

Trustee Silverberg requested the Village Attorney confirm Village Code to Mr. Whitton – that he can play music at anytime providing the sound does not go past the property line.

Village Attorney Walter Sevastian confirmed Village Code states that if sound does not penetrate property lines it is permissible. 

Dennis Whitton commented he was confused with the local law he intends to bring the noise down and will abide by the law.  He withdrew his request.

Public Hearing (7:45) Local Law #1 of 2014 amending Chapter 134 of Village Code entitled “Noise”

Trustee Silverberg made a motion to open the public hearing. Trustee Gallucci Jr. seconded the motion with a vote of 5-0.

 

Village Attorney Walter Sevastian reported one of the modifications to the local law was to include Business District A & B; when the zoning code had changed it was not reflected in the noise ordinance.  The second modification deals with the operation of any mechanically powered saw, sanders, drill, grinder, lawn or garden tool, lawnmower or similar device used outdoors in residential areas shall only be permitted between the hours of 8:00am and 6:00pm on Mondays through Fridays; between the hours of 9:00am to 5:00pm on Saturdays;  and between the hours of 12:00noon and 5:00pm on Sundays and legal holidays, except in case of emergency in the interest of the public. 

 

Ann Putko a resident of Piermont commented she is on the Orangetown environmental committee and would like to address the inappropriate use of leaf blowers which endangers the health and wellbeing of the residents.  The noise from the leaf blowers makes it impossible for residents to work from home, and enjoy their yards.  The use of leaf blowers also diminishes the quality of health, and lowers property values she is requesting to modify the noise ordinance.  Shereferenced other communities in Westchester that have adoptednoise ordinances that restrict the use of leaf blowers.   She hopes the board will consider placing a provision restricting leaf blowers.

 

Mayor Sanders questioned Mrs. Putko if she wants to place restrictions on the use of leaf blowers or ban them entirely.

 

Mrs. Putko replied she would like the use of leaf blowers restricted in the summer months so the children can play outside without inhaling dangerous dust particles.  She believes providing an education to residents of the dangers it creates, it would encourage residents not to use them.

 

Lorraine Shaw lives in Lawrence Park also expressed concern with leaf blowers.  The use of leaf blowers from the landscapers prevent her from talking on the phone and leave   levels of dirt/silt on her window sill.  She referred to a statistical report that 26 million Americans between the ages of 20 to 69 have hearing loss from the use of lawn mowers, leaf blowers and shop tools.

Village of Piermont Board of Trustees Minutes February 4, 2014

Page 3 of 7

 

Susan Cohen commented she would like one day a week to have restrictions on all noise.  She expressed concern regarding noise and pollution from the leaf blowers.  She believes the use of leaf blowers it is a determent to the property values, along with it reducing the quality of life and well being.  She suggested issuing a study on leaf blowers

 

Lisa DeFeciani questioned if the change in hours apply to both individuals and commercial contractors.

 

Village Attorney Walter Sevastian replied yes.  Rockland County Dept. of Licensing provides a copy of the Local Law when they are issuing licenses to the contractors

 

Doug Pudder questioned if the restricted use includes anything that produces noise. He questioned if the use of a generator in the event of a power outage, or in an emergency he needs to use a snow blower to get out of his house.

 

 

Mayor Sanders commented it’s an interesting point but thinks the intention of the local law is to prohibit a neighbor wanting to do landscaping early in the morning.

 

 

Walter Sevastian commented it is impossible to write every exception into the law, but he believes in the event of an emergency the Police Department will use discretion when issuing violations.

 

Chief O’Shea commented the Police Department will use their discretion before issuing any violations.

 

Trustee Blomquist commented the modifications of the law are reasonable.

 

 

Trustee Silverberg commented he thinks the law is fine, the language follows provisions other mucipiliaties have adopted.  The noise ordinance requires some discretion and is difficult to define, however it provides a way to control noise.  He referred to Ann Putko’s request to restrict leaf blowers and commented he had previously drafted a noise ordinance for another municipality restricting leaf blowers from June 1sth thru September 30th, with exceptions for utility companies, school authorities, municipalities, and in the event of a storm.   

 

Mayor Sanders suggested further discussing and addressing the restriction of leaf blowers at another meeting.

 

Joan Gussow a resident of Piermont questioned the hours of the new law

 

Mayor Sanders responded with a review of the modifications to the local law

 

Trustee Blomquist moved to close the Public Hearing. Trustee Gallucci Jr. seconded the motion which carried by vote 5-0.

 

Trustee Silverberg moved to adopt Local Law #1 of 2014 to amending Chapter 134 of Village Code entitled “Noise” including SEQR findings. Trustee DeFeciani seconded the motion, which was carried by a vote 5-0.

 

 

RESOLUTION OF THE VILLAGE OF PIERMONT BOARD OF TRUSTEES

STATE OF NEW YORK

 

 

 

 

Village of Piermont Board of Trustees Minutes February 4, 2014

Page 4 of 7

COUNTY OF ROCKLAND: VILLAGE OF PIERMONT

——————————————————————–X

In the Matter of the Amendment to

Chapter 134 of the Code of the Village

Of Piermont entitled “Noise”

——————————————————————–X       

WHEREAS,  the Village Board of the Village of Piermont has noticed a Public Hearing with regard to an amendment of Chapter 134 of the Village Code, the Noise Ordinance of the Village of Piermont.

WHEREAS, a Public Hearing on the adoption of these proposed amendments to the Noise Ordinance in the Village Code was held on February 4, 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.

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 makes the following findings under NYCRR §617:

 

a.         That the Board has reviewed the EAF prepared in relation to the proposed amendments to the Village Code with a view to identifying potential environmental concerns.

 

Village of Piermont Board of Trustees Minutes February 4, 2014

Page 5 of 7

 

b.         That the proposed adoption of modifications to the Village Noise Ordinance will serve to codify and further clarify restrictions (as to location and time restrictions) on noise levels which may adversely affect residents of the Village of Piermont.

 

c.         That the proposed modifications to the Village Noise Ordinance will have no negative environmental impact, and in fact are designed to prohibit the potential negative environmental impacts of excessive noise levels within the Village of Piermont.

 

BE IT FURTHER RESOLVED, that the Village Board of Trustees hereby adopts the proposed local law to modify Chapter 134 of the Code of the Village of Piermont, the Village Noise Ordinance, and directs the Village Attorney to file the adoption Resolution with the Village Clerk.

This resolution was adopted by a unanimous resolution of the Board of Trustees at the regular meeting of the Board on February 4, 2014.

 

 

Request from Judy Flagg to hold a memorial at the end of the Pier on March 13, 2014 to Honor Melissa Dimataris

 

Judy Flagg introduced herself as a nurse at the Tappan Zee High School. Melissa Dimataris was one of her students that graduated Tappan Zee High School in 2009 and in her freshman year at college was diagnosed with leukemia.  She commented Melissa was an inspiration to many, she never complained; she stayed active and even graduated college.  Unfortunately she lost her battle last fall.  The Tappan Zee High School students wanted to have a last farewell to honor Melissa for her inspiration and courage.  She requested to hold a memorial for Melissa at the end of the Pier on March 13, 2014 from 6:00pm to 7:00pm.   The event will include the Tappan Zee high school chorus, members from the blood drive, and they will release biodegradable sky lanterns.

 

Mayor Sanders thanked her and explained to her it’s a park its open for anybody to use it’s just not exclusive for any event.

 

Judy Flagg welcomed members of the community to attend the event

Chief O’Shea reported the event will have no impact.

 

Trustee Silverberg moved to approve the Memorial to Honor Melissa Dimataris at the end of the Pier on March 13, 2014 from 6:00pm to 7:00pm. Trustee Blomquist seconded the motion which carried by vote 5-0

 

Request from the New York Cycle Club to hold Charity Bike ride Escape New York

A request was made from the New York Cycle Club Escape New York Charity Bike Ride on Saturday September 20, 2014. 

 

Chief O’Shea advised the event will have no impact.

 

Trustee Gallucci Jr. moved to approve Escape New York Charity Bike Ride on Saturday September 20, 2014.  Trustee DeFeciani seconded the motion, which carried by vote 5-0.

 

 

Village of Piermont Board of Trustees Minutes February 4, 2014

Page 6 of 7

 

Review Accountants JH Cohn/Reznick 2nd Quarter report FYE 2014

Mayor Sanders presented JH Cohn’s Fiscal 2nd Quarter Report to the board, (thru November 30, 2013) which found a few overstated revenues and a few expenditures which were over budget.  The Mayor concluded that a few of the over budgeted expenditures were due to Hurricane Sandy, and the overstated revenues are not actual as some revenues are received at various times during the year.

 

Trustee Blomquist reported the fire Department vehicle repairs line is over budget, which two of the vehicles have been put up for surplus and the new Ambulance and Pumper will be delivered within the next 2 to 3 months.  He will request budget transfers for the Fire Department line. 

 

Trustee Silverberg asked to further review the Village Engineer’s line that has gone over budget.

 

Mayor Sanders requested the Village Clerk to review the Village Engineer’s Contractual Expense line, and to provide an update at the next Village Board meeting

Review Financial Audit Report FYE 2013

Mark Blomquist summarized the Fiscal Year End 2013 and reported the Property assessments decreased .41%; property taxes increased 1.86% from the previous year.  He reported a revenue short fall of 1.8% than budgeted and overestimated expenditures by 7.64% less than budgeted.  The Fund balance increased by 29.44% and the Village is within the constitutional debt limit at 6.3%.  There were no significant deficiencies in internal controls that were identified.

 

Mayor Sanders thanked Trustee Blomquist for his report

 

Approval of Warrant

Trustee Blomquist moved to approve the Warrants in the amount of $  74,884.45, attached to the Minutes.  Trustee Gallucci Jr. seconded the motion, which was carried by a vote of 5-0.

 

Old/New Business

 

Village Attorney Walter Sevastian had submitted a letter to advise the Board that he represented both Bette Lowey and Claudia Kempton in his private practice several years ago.  He no longer has an attorney-client relationship with either of these individuals.  Ms. Kempton presently has a Site Plan application relating to the construction of a deck pending before the Village Board.  He currently does not have an attorney-client relationship with either Ms. Lowey or Ms. Kempton; and his prior representation of these individuals would not, in his opinion, impair his job function of providing legal advice to the Board of Trustees with respect to the Site Plan applications and the potential opposition thereto. 

 

Trustee Silverberg reported he scheduled a meeting on February 11, 2014 with the Historical Society to discuss their plans for fundraising and the implementation of programs regarding the Train Station .

 

Mayor Sanders scheduled a workshop regarding the Fire Department’s Service Awards Program on Thursday February 13, 2014 at 7:00pm. 

 

Executive Session

 

Trustee Silverberg moved to enter into Executive Session to personnel issues.  The motion was seconded by Trustee DeFeciani and upon vote the Board entered Executive Session.

 

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

Trustee Silverberg moved to authorize Chief O’Shea to retain Counsel Richard A. Glickel at a rate of $225.00 an hour, not to exceed $5,000.00.  Trustee Gallucci Jr. seconded the motion which carried by vote 5-0

 

Village of Piermont Board of Trustees Minutes February 4, 2014

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Adjournment

Trustee Gallucci Jr. moved to adjourn the meeting at 8:55 pm. Trustee DeFeciani seconded the motion, which was carried by a vote of 5-0.

 

                                                                                               

                                                                                                           

Respectfully submitted,

Stephanie Tassello

Clerk-Treasurer

January 28, 2014

INCORPORATED VILLAGE OF PIERMONT

BOARD OF TRUSTEES MEETING

January 28, 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 everyone in the Pledge of Allegiance.

 

Instead of a moment of silence, Mayor Sanders requested everyone remain standing and offer applause to honor the life and acknowledge the recent passing of Pete Seeger, in appreciation for his dedication to the Hudson River and Hudson Valley.

 

Public Comment

 

No Public Comment

 

 

Approval of Minutes

 

Trustee Gallucci Jr., moved to approve the minutes from the January 7, 2014 meeting of the Board of Trustees.  Trustee Blomquist seconded the motion, which carried by a vote 4-0.

Trustee Silverberg Abstained

 

Department Reports

 

DPW

DPW Superintendent Tom Temple reported the new Garbage truck has been delivered and should be put on the road next week.  He also has repaired a leak on the roof at the Community Center.  He also reported the DPW has picked up and recycled 200 Christmas trees.

 

Trustee Silverberg publically announced appreciation to the DPW for an outstanding job on keeping the roads clear and safe during the snow storm last week.

 

Fire Dept.

Chief Cavanaugh – absent

 

Police Dept.

Chief O’Shea requested to renovate the Police Department and submitted a drawing of the renovations.  The renovation of the Clerks’ office came in under budget; he is requesting to use $8,000 of the remaining funds to renovate the Police Department.  He reported the last time the Police Department had any renovations was 25 years ago, and is in need of an upgrade.

 

 Village Clerk Stephanie Tassello reported the Clerks’ office obtained a BAN for $36,000 dollars for the office renovations, which came in under budget, and has the additional funds to renovate the Police Department.

 

Trustee Blomquist agrees the Police Department is in need of renovations and there are additional funds left from the clerk’s office to pay for the renovations.

Trustee DeFeciani questioned if new windows will be installed. Tom Temple replied yes.

 

Trustee Gallucci Jr., thinks it’s great, and would be an improvement

 

Trustee Silverberg thinks it’s great and agrees the Police Department needs an upgrade

 

 

Trustee Blomquist moved to authorize the Police Department to use remaining Clerks’ Office Renovation fund in an amount not to exceed $8,000 for renovations of the Police Department.  Trustee Gallucci Jr. seconded the motion which carried by vote 5-0

Village of Piermont Board of Trustees Minutes January 28, 2014

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Chief O’Shea reported the Ford Expedition, which was purchased thru the County Seizure money, should be delivered next week and we will be asking the board to declare the old truck as surplus at our next meeting.

 

Chief O’Shea also mentioned the PAL Awards Luncheon will be held at Slattery’s on February 10th at noon.

 

Building Dept.

Building Inspector Charles Schaub – reported he has received calls regarding frozen pipes.

Public Hearing (7:45) Phil Griffin Site Plan Application for renovation/addition/alteration of a single family residence

Trustee Gallucci Jr. recused himself and left the boardroom.

 

Trustee Silverberg made a motion to open the public hearing. Trustee DeFeciani seconded the motion with a vote of 4-0.

 

Village Attorney Walter Sevastian reported this is a site plan application in the RD- West District, which needs approval by the Village Board of Trustees.  Mr. Griffin came before the board last month and was referred to the planning board for an advisory opinion, and a Costal Assessment form.  The applicant modified his plan due to concerns from neighbors.   

 

Mayor Sanders noted the following documents submitted to the board: The Opinion from the Piermont Planning Board, PB#13-17, dated October 21, 2013.; a 3-page blueprint document titled “Addition and Alterations to Griffin Residence, Piermont NY 10968”, dated 06-18-2013 by Robert Hoene, Architect A.I.A, unsigned (previous, similarly titled & dated documents were signed by Robert Hoene, AIA. The three pages were titled “A1.0, Existing Elevations”; “A2.0, Elevations and Sections”; and “A3.0, General Notes and Floor Plans”. A separate copy of “A2.0, Elevations and Sections” was provided to the board for review. Also before the board was a copy of “Proposed Subdivision of Lots ‘D’ & ‘Y’”, prepared for Piermont Court Inc, by Loch surveyors & engineers P.C., dated August 14, 1995, and Elevation Drawings of Piermont Court, dated 7/10/95, by Nadler Philopena.

 

Phil Griffin introduced himself and his Attorney Burt Dorfman.  He stated at the last meeting some of the neighbors raised concerns regarding privacy.  He modified the plans by raising the height of the windows and adding a privacy fence.  He expressed a concern regarding what one of his neighbors are reporting to other neighbors that he is adding a roof top Patio.  He wants to go on record he has no intention and would add a provision into the Special Permit that this area could never be used as a roof top patio.  There is a railing on the roof which is 2’9” in height; there is no access to the roof.

 

Trustee Silverberg questioned if there is no access to the roof what is the purpose of the railing?

 

Phil Griffin responded it is for aesthetics only

 

Trustee Silverberg questioned the window height beginning at 5’8” which would be above eye level.

 

Phil Griffin responded yes, he also added a privacy wall on the east side of the deck.  He does not prefer to have the railing on the roof, his architect added for aesthetic.  

 

Trustee Silverberg referred to the Planning Board Advisory Opinion, in which Mark Anders made a motion that if the Village Board considers approval, it should also consider the effect on, and /or ability of future higher development on abutting neighbors; which motion was seconded by Bill Herguth and carried unanimously.  He expressed concern about the precedent this may create.  Trustee Silverberg continued to comment that he did review the site and noted there are several adjacent properties that are lower and could be made higher.   He asked

Village of Piermont Board of Trustees Minutes January 28, 2014

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Village Attorney Walter Sevastian if the board was to approve this special permit, would it create precedence.

 

Village Attorney Walter Sevastian commented anytime any of the boards grant site plan approvals or variances and adjoin properties comes in seeking the same.  Although every applicant is different and should be treated independently the board should keep detailed documents of their decisions.  Creating precedence is a factor  

 

Phil Griffin referred to his plan it had the potential to block the view of neighbors, but when he raised the height of the windows it allowed room for a neighbor to do it. 

 

Trustee Silverberg expressed concern regarding setting a precedent and everyone along the river will seek to raise their units.

 

Bert Dorfman reported each individual applicant should be treated separately.  He referred to the applicants site plans- that they are not seeking to raise the height.

 

Trustee Silverberg replied the applicant is seeking to change the Bulk.

 

Bert Dorfman replied this is a minimal bulk modification.

 

Trustee Silverberg commented the applicant is increasing the square footage of this unit by 53%, and Mr. Griffin has not provided a reason for this increase other than he would just like to increase his living space.  He is concerned if the board approves this with just a reason that Mr. Griffin would like additional living space it’s creating precedent to future owners.

 

Bert Dorfman replied Mr. Griffin has moved in there and would like a reasonable space.

 

Mayor Sanders asked the Building Inspector, Charlie Schaub to confirm the details of the existing/ addition space and questioned Charlie on what is allowable according to Village code.

 

Building Inspector Charlie Schaub referred to page 3 of the site plans that were submitted.  There is existing 1462 square footage with a request to increase an additional 812 square feet, which the total is 2288 square feet.

 

Trustee Silverberg referred to what he said earlier this is an increase from 1462 square feet to 2,288 square feet he has not heard a reason why this needs to be done that would be used to distinguish from another application, which is why it concerns him about creating a precedent.   

 

Bert Dorfman questioned the purpose of this application coming before the Village board for approval.  Village Attorney replied it is for a site plan approval.  Mr. Dorfman does not think, as part of site plan approval, there any intuitive determination based upon what someone wants he thinks the planning board should just determine the aesthetics not what people want.

 

Trustee Silverberg replied he is looking at the aesthetics the bulk is visual, everyone that walks along the river looks at it.  There is also a Costal Zone program that looks at visual impacts and he is concerned.

 

Phil Griffin replied this was addressed at the planning board and was determined from the river side and the street side of shad row there will be no visual impact.

 

Trustee Silverberg replied the Village Board will need to make their own independent determination.

 

Trustee Blomquist questioned if these additions will be flushed with the sides.

 

Phil Griffin responded it will be flushed only in the middle areas.  The roof top deck will be modified and will have no visual impact from the river view and the shad row street view.

 

Village of Piermont Board of Trustees Minutes January 28, 2014

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Trustee Defeciani referred to Village Attorney for clarification on the evaluation of the Costal Assessment Form.

 

Village Attorney Walter Sevastian responded the Costal Assessment Form evaluates the effect on the proposed development would have on the Villages Costal Resources.  What the form states is that the proposed action is located in an area that is part of a local waterfront revitalization program.  There are a number of findings in the local waterfront revitalization program that deal with preserving site lines and river views.    He referred to Trustee Silverberg’s concern if the board approves this application the board would be creating a precedence to allow others to expand.

 

Public Comment

 

John Roth resides 109 Shad Roof immediately adjacent to the proposed project.  His roof is right next to Mr. Griffin’s roof.  He hired an architect to provide 3D visual images of what the proposed completed project will look like based on Mr. Griffin’s blue prints and a site survey.  He also questioned where are the signed approved letters from the majority of owners.

 

Mayor Sanders commented that at the previous Village Board meeting, the board requested Mr. Griffin modify his document that resembled Village of Piermont letterhead and obtain new signatures.  Mr. Griffin has not submitted any new documents.

 

Phil Griffin commented Mr. Roth has scared all neighbors by showing a drawing of people on top of his roof looking down on neighbors.  It is his opinion he does not need approval from the majority of homeowners his unit is in a separate building and has its own by laws, rule regulations.  Within his by-laws it states they would need approval from the 3 units within his building.

 

Village Attorney Walter Sevastian referred to the subdivision map that was recorded 1995, that does reference exterior alterations to the building must be approved by a majority of the lot owners of the subdivision and the Village Board.  He reviewed the subdivision map along with the Building Inspector whom determined this application would need approval from the majority of owners living within 107 and 109 Shad Row.

 

Bert Dorfman commented the 1995 map referred to the original subdivision that was originally intended to be built as one building with several condominiums, which was never built.  There was an Amended Site Plan approved by the Planning Board in 1997, which supersedes the 1995 recorded map.  He submitted the 1997 site plan, which did not included the provision stating any exterior alterations need approval from the Village Board and the majority of owners.  He referenced a current owner who received approval to increase the size of the unit and was not required to get approval from the Village Board or the majority of owners.  He also reference another  owner that made changes to the facade whom the Building Inspector issued a certificate of Occupancy and also did not make them get approval from the majority of owners.  Mr. Griffin initially submitted an application for a Building Permit; the building inspector did not deny his application but referred him to the Planning Board.  The Planning board referred him to the Village Board for a special permit.  He expressed concern regarding the authority of the Building Inspector, and believes the board should reference the 1997 map

 

Building Inspector Charles Schaub questioned if the 1997 map was recorded with the state.

 

Burt Dorfman replied that site plans are not recorded; they are filed in the Building Inspectors office.  He again made reference to the Building Inspector issuing a Certificate of Occupancy without having to obtain approval from the majority of owners.

 

Building Inspector Charles Schuab commented the original documents he received may have been by mistake they were not the recorded 1995 map, and he did not have knowledge of the 1995 recorded map at the time the approval was given. 

 

 

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Village Attorney Walter Sevastian summarized Bert Dorfman’s comments stating that there was a subdivision map filed in 1995 that the building was never built there was a subsequent site development plan approved by the Board in 1997.  Subsequent to that there were alterations to the façade of Mr. Griffins building that received a certificate of occupancy without needing the requirement for approval from the majority of owners.  Based upon the Building inspectors interpretation at the time he issued the certificate of occupancy he was not aware or had a copy of the recorded 1995 map.  The Building Inspector makes the determination on what is required when a building permit is submitted.

 

Bert Dorfman again referred to owners issued a certificate of occupancy without needing approval from majority owners. 

 

Trustee Silverberg questioned if the Village Attorney has the authority to override the Village Building Inspector.

 

Bert Dorfman commented the Building Inspector did not deny the application, he referred it to the planning board.

 

Mayor Sanders referred to the map recorded in 1995 which states approval from the majority of owners.  He referred to the signed documents that Mr. Griffin submitted at the previous board meeting, which Mr. Griffin must have also referred to the provision in the 1995 recorded map. Now Mr. Griffin is stating these letters are not needed.

 

Bert Dorfman commented he does not think is the letters are required to get it approved, but Mr. Griffin originally did go and get signatures.  

 

Walter Sevastian commented the issue is whether a note on a subdivision map binds the future owner of land if subsequent site plans have been filed.  It appears the stated facts have been changed.  The second issue the Building Inspector makes the final determination.

 

Bert Dorfman commented over the years the façade of the building has changed drastically from the original plans.

 

Walter Sevastian referred to the recorded Map from 1995 which states any changes need approval from the Village Board and the majority of owners.  He suggested going to the Zoning board of appeals for an opinion and clarification between the recorded 1995 map and the 1997 site plan.

 

Phil Griffin commented he would like to go before the Zoning Board to get clarifications.

 

Mr. Roth hired Dominick Pilla Associates and presented a PowerPoint which included 3D images of what the proposed project will look like when it is compete.   He referred to Village Code 210-82 Extension he already had a nonconforming use which was approved due to the building inspector not having the proper recorded 1995 map.  He does not agree with Mr. Griffins interpretation of his site plan there will be a change in height, and the dormers do not conform in size and color.

 

Mayor Sanders thanked Mr. Roth.

 

No other public comment

 

Mayor Sanders noted the unresolved issue is between the recorded 1995 map, and the Amended, 1997 Site Plan- should the board refer the issue to the Zoning Board for clarification and ruling.

 

Trustee Silverberg suggested keeping the public hearing open without a date, pending a determination from the Zoning Board of Appeals.

 

Village of Piermont Board of Trustees Minutes January 28, 2014

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Bert Dorfman wanted to point out originally this was going to be a condominium with an association, which is why the provision needing the majority was included in the recorded 1995 map.  Mr. Griffin had changed it to fee-simple units, which were built separately.

 

Trustee Silverberg moved to adjourn the public hearing to an open date pending a determination from the Zoning Board of Appeals.  Trustee Blomquist seconded the motion which carried by vote 5-0

 

Public Hearing (8:15) Claudia Kempton Site Plan application for the renovation/addition/alteration of a single family residence

 

Trustee Silverberg made a motion to open the public hearing. Trustee Blomquist seconded the motion with a vote of 4-0.

 

Claudia Kempton commented she is requesting to do a simple modification to connect two decks.

 

Mayor Sanders noted a single page blueprint document titled “Piermont Plaza Layout, Piermont NY 10968”, Floor Plan & North Elevation w/ Deck Section, dated 05-13-2011 by Robert Hoene, Architect A.I.A, signed by Robert Hoene, AIA.

 

Trustee Silverberg questioned Village Attorney if the issue regarding the recorded, 1995 Subdivision Map also applies to this request

 

Village Attorney Walter Sevastian replied yes, it also applies to this application.

 

Claudia Kempton commented she understands she will need a determination from the Zoning Board of Appeals, but noted the attached units within her building are all different.  Also if it needs to conform to the existing condominium all of their decks expand the width of their unit. 

 

Trustee Defeciani questioned Claudia if she obtained approval from her surrounding neighbors.

 

Claudia Kempton replied she originally did get signatures but when she changed the letter she could not obtain any signatures.

 

Mayor Sanders opened the for Public Comment

 

Bert Dorfman commented he thinks Claudia Kempton’s application is distinguishable from Mr. Griffin because her deck is outside the existing subdivision line – which she would not need the required approvals.

 

Building Inspector Charles Schaub commented he determined this application is within the subdivision that would require approval from the majority owners and the Village Board.

 

Village Attorney Walter Sevastian commented this is a unit within the same building of Mr. Griffin, and is essential the same.  The Building Inspector made the same determination.

 

Building Inspector Charles Schaub commented he determined this application is within the subdivision that would require approval from the majority owners and the Village Board

 

Mr. Roth commented he does not blame Claudia Kempton for this problem; it’s the way she purchased this unit and acted in good faith.  He is willing to compromise if she could slightly modify her deck.  He further stated if she wants the deck completed he is willing to allow her to complete the project with some modifications.  He further stated he is not willing to compromise with Mr. Griffin site plan.

 

Tatiana Roth expressed concern regarding her privacy with the existing deck. 

 

Village of Piermont Board of Trustees Minutes January 28, 2014

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Trustee Silverberg questioned the Building Inspector if there are any issues with the existing deck that is hanging over the subdivision line.  

 

Charlie Schaub replied there are no issues because there is no standard Bulk table for the RD- West District, decks are not applied to bulk the same way that the structure itself would be.

 

Trustee Silverberg moved to adjourn the public hearing to an open date pending a determination from the Zoning Board of Appeals.  Trustee Blomquist seconded the motion which carried by vote 4-0

 

Trustee Gallucci Jr. re-entered the meeting

 

Public Hearing (8:15) 2014 Community Development Block

Trustee Blomquist moved to open a Public Hearing on the 2014 CDBG Grant program.  The motion was seconded by Trustee Defeciani and upon vote the public hearing was opened.

Sylvia Welch met with the CDBG committee on January 7, 2014, and January 16, 2014.  The committee had the following recommendations for the grant application:                                                                                                          

1.                  Installation of a New Handicap Accessible Ramp and Automatic door Opener at the Community Center estimated at $38,000.

 

There were no Board Comments

There were no Public comments

Trustee Silverberg moved to close the public hearing. Trustee Gallucci Jr., seconded the motion, which was carried by a vote of 5-0.

Trustee Gallucci Jr. moved to adopt resolution 120-14 to accept the recommendations of the Piermont CDBG Committee and acknowledging that it is a type II under SEQRA as stated.  Trustee Silverberg seconded the motion which carried unanimously.

 

Resolution to release Performance Bond on Burck Subdivision

 

Village Attorney Walter Sevastian reported there were two outstanding items on the Burck Subdivision plan that were not completed and he has since sold the property to Mr. Ed Schmidt.  Mr. Schmidt signed an agreement to complete the Burck Subdivision’s five concrete monuments at the boundaries of the property, and the As-Built Site Plan.  Based on the recommendation from the Planning Board, Mr. Sevastian believed it was ok to release the Performance Bond.

 

Trustee DeFeciani move to authorize the release of Mr. Burck’s Performance Bond in the amount of $12,283.82.  Trustee Blomquist seconded the motion which carried by vote 5-0

 

Request for Special Permit from Robert Gazzetta to change use to allow restaurant in RD-West District

Village Attorney Walter Sevastian reported Mr. Gazzetta submitted an application for a special permit to change the use to establish a restaurant in the RD-West District.  The special permit requires a public hearing with a referral to the Planning Board for an Advisory Opinion. 

 

Trustee Silverberg questioned are there any special conditions in the RD-West District

 

Village Attorney Walter Sevastian commented the board has the authority to put conditions on the special permit.  He referred to Village Code 210-67.4 Uses permitted by special permit in the RD-West District (6) Establishments for the sale of food and beverages, including catering establishments and restaurants (not including supermarkets or fast-food establishments)

 

 

Village of Piermont Board of Trustees Minutes January 28, 2014

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Robert Gazzetta commented he would like to establish a Sushi/ Sashimi restaurant, and would like to accommodate 5 tables.

 

Trustee DeFeciani made a motion to schedule a Public Hearing on the request for special permit to change the use in the RD-West District on March 4, 2014 at 7:45pm.  Trustee Blomquist seconded the motion which carried by vote 5-0

 

Request for Special Permit from Laura Straus of Piermont Straus Gallery to serve Alcohol and Snacks in RD-West District

Village Attorney Walter Sevastian referred to Village Code 210-67.4 Uses permitted by special permit in the RD-West District (6) Establishments for the sale of food and beverages, including catering establishments and restaurants (not including supermarkets or fast-food establishments)

 

Laura Straus commented she does not want to change the use as a gallery and bookstore but would like to begin selling wine, liquor and snacks.  Her intention is to have a place to draw, paint and drink wine.  She would also like to engage more people by offering weekly drawing classes.  She is not looking to prepare food but would like to offer some snacks.

 

Trustee Silverberg made a motion to schedule a Public Hearing on the request for special permit to allow the sale of wine, liquor and snacks in the RD-West District on March 4, 2014 at 8:00pm.  Trustee Gallucci Jr., seconded the motion which carried by vote 5-0

 

Authorize Village Clerk to seek Public Bids for a Municipal Tractor with Hydraulic Platform

 

DPW Superintendent Tom Temple reported the Bombardier sidewalk snowplow was destroyed during Hurricane Sandy.  He has submitted for reimbursement from FEMA and the insurance company. He is requesting to purchasereplacement equipment that would capable to be used for all seasons.

 

Trustee Silverberg moved to authorize Village Clerk to seek public bids for a Municipal Tractor with Hydraulic Platform.  Trustee Gallucci Jr. seconded the motion which carried by vote 5-0

Request from Dennis P. McHugh Foundation to hold their 11th Annual Run for Fun on April 26, 2014 at 9:30am

 

Una McHugh from the Dennis P McHugh foundation requested to hold their annual 5k run to begin at 9:30am on April 26, 2014, and to hold the event at Flywheel Park from 11:00pm to 3:00pm

 

Trustee Blomquist moved to approve 11th Annual Dennis P. McHugh Run-for-Fun on April 26, 2014 at 9:30am.  Trustee DeFeciani seconded the motion, which carried by vote 5-0

 

Approval of Warrant

Trustee Blomquist moved to approve the Warrants in the amount of $ 123,059.80 attached to the Minutes.  Trustee Gallucci Jr. seconded the motion, which was carried by a vote of 5-0.

 

Old/New Business

Village Attorney Walter Sevastian reported he has received noise complaints for Pier 701 restaurant.  He suggested to the board to review the current violation fees, as of now all penalties are set at a maximum of $500 dollars.  He also updated the board on the revision to the Noise ordinance and suggested reviewing the permitted uses within Village Code.

 

Mayor Sanders suggested scheduling a workshop in May to review the permitted uses in non-R districts.  

 

Trustee DeFeciani had nothing to report.

 

Village of Piermont Board of Trustees Minutes January 28, 2014

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Trustee Blomquist reported the County of Rockland required all Fire Districts to upgrade to digital radios, which do not work inside 80% of structures in Rockland County.  The County is suggesting installing highband radios for vehicles.  The approximate $5000 purchase would be within the FYE 2014 budget.

 

Trustee Gallucci Jr. had nothing to report.

 

Trustee Silverberg reported he attended a Piermont Historical Society meeting in which they addressed many of the boards concerns with the Train Station. The PHS has raised several thousand dollars and is holding a benefit dinner on May 1st.  He suggested holding the Train Station discussion at a later date, due to the progress they are making.   He also reported attending a Scenic Hudson rising waters task force meeting which they reviewed a presentation on future catastrophic events and is holding another task force meeting February 6, 2014. 

 

Mayor Sanders reported he and the Village Attorney and Trustee Silverberg had a meeting with a resident regarding a proposal for the property on Castle Road. 

 

Mayor Sanders also met with the LDEO committee regarding the future vision and plan for their building at the end of the Pier.

 

Executive Session

 

Trustee DeFeciani moved to enter into Executive Session to discuss tax grievance settlements and discussion on personnel compensation.  The motion was seconded by Trustee Blomquist. and upon vote the Board entered Executive Session.

 

Trustee Silverberg recused himself from the Paradise Harbor Grievance update and re-entered the meeting for other discussions.

 

 

Trustee Gallucci Jr. 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 10:35 pm. Trustee DeFeciani seconded the motion, which was carried by a vote of 5-0.

 

                                                                                               

                                                                                                           

Respectfully submitted,

Stephanie Tassello

Clerk-Treasurer

January 7, 2014

 

INCORPORATED VILLAGE OF PIERMONT

BOARD OF TRUSTEES REORGANIZATION MEETING

January 7, 2014

 

 

 

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

 

Trustee Steven Silverberg was absent

 

 

Village clerk treasurer administered the Oath of Office to Trustee Mark Blomquist and Trustee John Gallucci Jr.

 

Acting Village Justice Margaret Holihan administered the Oath of Office to Mayor Christopher Sanders

 

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

 

Mayor hereby appoints MARK BLOMQUIST Deputy Mayor for a term to expire at the Reorganization Meeting of January 2015.

 

Motion by Trustee Gallucci Jr., seconded by Trustee DeFeciani.  Upon vote the motion carried and Mayor Sanders administered the Oath of Office.

 

Mayor hereby appoints Stephanie Tassello Village Clerk-Treasurer for a term to expire at the Reorganization Meeting of January 2016.

 

Motion by Trustee Gallucci Jr., seconded by Trustee Blomquist.  Upon vote the motion carried and Mayor Sanders administered the Oath of Office

 

Mayor hereby appoints Julie Pagliaroli Deputy Village Clerk-Treasurer for a term to expire at the Reorganization Meeting of January 2015.

 

Motion by Trustee Blomquist, seconded by Trustee DeFeciani.  Upon vote the motion carried and Mayor Sanders administered the Oath of Office.

 

Mayor hereby appoints WALTER SEVASTIAN as Village Attorney for a term to expire at the Reorganization Meeting of January 2015.

 

Motion by Trustee Gallucci Jr., seconded by Trustee DeFeciani.  Upon vote the motion carried and Village Clerk-Treasurer Stephanie Tassello administered the Oath of Office.

 

Mayor hereby appoints DENNIS MICHAELSasAssistant Village Attorney

for a term to expire at the Reorganization Meeting of January 2015.

 

Motion by Trustee DeFeciani, seconded by Trustee Blomquist.  Upon vote the motion carried and Village Clerk-Treasurer Stephanie Tassello administered the Oath of Office

 

Mayor hereby appoints MARGARET HOLIHAN Acting Village Justice for a term to expire at the Reorganization Meeting of January 2015.

 

Motion by Trustee Gallucci Jr., seconded by Trustee Blomquist.  Upon vote the motion carried and Village Clerk-Treasurer Stephanie Tassello administered the Oath of Office

 

 

Mayor hereby appoints BROOKER ENGINEERING to serve as Village Engineer until the Reorganization Meeting of January 2015.

 

Motion by Trustee Blomquist, seconded by Trustee Gallucci Jr.  Upon vote the motion carried.

Village of Piermont Board of Trustees Minutes January 7, 2014

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Mayor hereby appoints STEPHANIE TASSELLO as Registrar of Vital Statistics for a term to expire at the Reorganization Meeting of January 2015.

 

Motion by Trustee Gallucci Jr., seconded by Trustee Blomquist.  Upon vote the motion carried and Mayor Sanders administered the Oath of Office.

 

 

Mayor hereby appoints SYLVIA CARBONELL as Deputy Registrar of Vital Statistics for a term to expire at the Reorganization Meeting of January 2015.

 

Motion by Trustee DeFeciani, seconded by Trustee Gallucci Jr.  Upon vote the motion carried.

 

Mayor hereby appoints Daniel Spitzer member of the Planning Board for a term to expire at the Reorganization Meeting of January 2019.

 

Motion by Trustee Gallucci Jr., seconded by Trustee DeFeciani.  Upon vote the motion carried and Village Clerk-Treasurer Stephanie Tassello administered the Oath of Office.

 

Mayor hereby appoints TOBY DASCHBACH as an alternate member of the Planning Board for a term to expire at the Reorganization Meeting of January 2015.

 

Motion by Trustee Gallucci Jr., seconded by Trustee Blomquist.  Upon vote the motion carried.

 

Mayor hereby appoints NATHAN MITCHELL as an alternate member of the Planning Board for a term to expire at the Reorganization Meeting of January 2015.

 

Motion by Trustee Blomquist, seconded by Trustee DeFeciani.  Upon vote the motion carried.

 

Mayor hereby appoints DANIEL SPITZER as Chairperson to the Planning Board of Appeals for a term to expire at the Reorganization Meeting of January 2015.

 

Motion by Trustee Gallucci Jr., seconded by Trustee DeFeciani.  Upon vote the motion carried and Village Clerk-Treasurer Stephanie Tassello administered the Oath of Office.

 

Mayor hereby appoints Maureen O’Connell as Member to the Zoning Board of Appeals for a term to expire at the Reorganization Meeting of January 2016.

 

Motion by Trustee DeFeciani, seconded by Trustee Gallucci Jr..  Upon vote the motion carried.

 

Mayor hereby appoints Ponisseril Somasundaran as Member to the Zoning Board of Appeals for a term to expire at the Reorganization Meeting of January 2019.

 

Motion by Trustee DeFeciani, seconded by Trustee Blomquist.  Upon vote the motion carried And Village Clerk-Treasurer Stephanie Tassello administered the Oath of Office.

 

Mayor hereby appoints Roberta Ebert as Member to the Zoning Board of Appeals filling the unexpired term of Greg Toner for a term to expire at the Reorganization Meeting of January 2015.

 

Motion by Trustee DeFeciani, seconded by Trustee Blomquist.  Upon vote the motion carried.

 

Mayor hereby appoints Matthew Smith as an Alternate member of the Zoning Board of Appeals for a term to expire at the Reorganization Meeting of January 2015.

 

Motion by TrusteeGallucci Jr., seconded by Trustee Blomquist.  Upon vote the motion carried and Village Clerk-Treasurer Stephanie Tassello administered the Oath of Office.

Mayor hereby appoints Heidi Spitzer as an Alternate member of the Zoning Board of Appeals for a term to expire at the Reorganization Meeting of January 2015.

Village of Piermont Board of Trustees Minutes January 7, 2014

Page 3 of 6

 

Motion by Trustee Gallucci Jr., seconded by Trustee Blomquist.  Upon vote the motion carried and Village Clerk-Treasurer Stephanie Tassello administered the Oath of Office

 

Mayor hereby appoints MARGARET HOLIHAN as Chairperson to the Zoning Board of Appeals for a term to expire at the Reorganization Meeting of January 2015.

 

Motion by Trustee Gallucci Jr., seconded by Trustee DeFeciani.  Upon vote the motion carried and Village Clerk-Treasurer Stephanie Tassello administered the Oath of Office

 

Mayor hereby appoints DANIEL SHERMAN Chairperson of the Piermont Parks Commission for a term to expire at Reorganization of January 2015.

 

Motion by Trustee Blomquist, seconded by Trustee DeFeciani.  Upon vote the motion carried and Village Clerk-Treasurer Stephanie Tassello administered the Oath of Office

 

Mayor appoints the following as Liaisons to Village Departments:

Deputy Mayor Blomquist: Police Department, and Fire Department

Trustee Gallucci Jr.: Department of Public Works

Trustee Silverberg: Building Department, Land-Use Boards

Trustee DeFeciani: Clerks Office, Justice Court, and Parks

Mayor Sanders: Fire Department

Motion by Trustee Gallucci Jr., seconded by Trustee DeFeciani.  Upon vote the motion carried.

 

Mayor hereby designates the ROCKLAND JOURNAL NEWS as the official newspaper for the Village of Piermont.

 

Motion by Trustee Blomquist., seconded by Trustee Gallucci Jr.  Upon vote the motion carried.

 

Mayor hereby designates the   M & T BANK, PROVIDENT BANK, MBIA CLASS AND FIRST NIAGARA as the official depositories for the Village of Piermont.

 

Motion by Trustee DeFeciani, seconded by Trustee Gallucci Jr.  Upon vote the motion carried.

 

Mayor hereby designates the following as the official locations for posting of notices for the Village of Piermont:      

Village of Piermont Village Hall

                                                                        Canzona’s Market

                                                                        Railroad Station

                                                                        Piermont Post Office

                                                                        Piermont Library

                                                                        M & T Bank

                                                                        Eleanor Stroud Skating Pond

 

Motion by Trustee DeFeciani, seconded by Trustee Gallucci Jr.  Upon vote the motion carried.

 

Mayor hereby designates the first and third Tuesdays of each month as the regular meeting days for the Board of Trustees Meetings. 

 

Motion by Trustee Blomquist, seconded by Trustee DeFeciani.  Upon vote the motion carried.

 

Adoption of Procurement Policy for the Village of Piermont

Village Attorney Walter Sevastian reported the Village follows this Policy for all purchases the State requires that the Village adopts it on an annual basis. There were no modifications with the Procurement Policy from the previous year.

 Trustee Gallucci Jr.  moved to adopt the Procurement Policy effective for the official year 2014-2015 for the Village of Piermont.  Trustee Blomquist seconded the motion, which carried by a vote of 4-0

 

Village of Piermont Board of Trustees Minutes January 7, 2014

Page 4 of 6

 

Adoption of Resolution authorizing attendance at Schools and Conferences

 

Mayor Sanders reported this is an annual adoption to allow Appointed Officials, Police Officers and Department heads to attend Schools and Conferences.

 

Trustee Blomquist moved to adopt the Resolution to allow attendance as Schools and Conferences for the official year 2014-2015 for the Village of Piermont.  Trustee Gallucci Jr.  seconded the motion, which carried by a vote of 4-0

 

Mayor Sanders moved up Agenda item Department Reports 

 

Department Reports

 

DPW

DPW Superintendent Tom Temple reported he is currently working with our Insurance Company seeking reimbursement for the 2002 Bombardier sidewalk snowplow that was destroyed during Hurricane Sandy.  He has submitted to FEMA for reimbursement but a final amount has yet to been determined.  Due to the recent winter storms he requested to get bid specifications to purchase new multi-purpose tractor which would be more suitable for the needs of the Village. 

 

Trustee Gallucci Jr. moved to authorize DPW Superintendent to obtain Bid Specifications on a Multi Purpose Tractor.  Trustee Blomquist seconded the motion which carried by vote 4-0

 

 

Fire Dept.

Chief Cavanaugh – absent

 

Police Dept.

Chief O’Shea – absent

 

Building Dept.

Building Inspector Charles Schaub – absent

Approval of Minutes

Trustee Gallucci Jr. moved to approve minutes from the December 3, 2013, December 10, 2013- Workshop, and December 17, 2013 meeting of the Board of Trustees.  Trustee DeFeciani seconded the motion, which carried by a vote 4-0

 

 

Approval of Warrant

Trustee Blomquist moved to approve the Warrant in the amount of $ 28,569.48 attached to the Minutes.  Trustee Gallucci Jr seconded the motion, which was carried by a vote of 4-0.

 

 

Resolution Authorizing Mayor to sign Employee Agreements

Mayor Sanders presented two (2) Employees’ Letters of Understanding to the board for the Calendar Year 2014, Clerk Treasurer and Deputy Clerk Treasurer.

 

Trustee Blomquist moved to approve Mayor Sanders signing Two (2) Employee’s Letter of Understanding for the Calendar Year 2014.  Trustee DeFeciani seconded the motion which was carried by a vote 4-0.

 

Mayor Sanders presented a Letter of Understanding for Superintendent of Public Works to the board for multi-year agreement 2013 thru 2016.

 

Trustee Gallucci Jr. moved to approve Mayor Sanders signing One (1) Employee Letter of Understanding for the multi-year agreement 2013 thru 2016.  Trustee Blomquist seconded the motion which was carried by a vote 4-0.

 

 

 

Village of Piermont Board of Trustees Minutes January 7, 2014

Page 5 of 6

 

Resolution Authorizing Mayor to sign Memorandum of Understanding

Mayor Sanders presented the Department of Public Works Memorandum of Understanding.

 

Trustee Gallucci Jr.  moved to approve Mayor Sanders signing the Memorandum of Understanding.  Trustee DeFeciani seconded the motion which was carried by a vote 4-0.

 

Request from the American Cancer Society

American Cancer Society requested to hold their annual George Washington Bridge Challenge through the Village on Sunday June 8, 2014.  

 

Trustee Blomquist  moved to approve the Annual George Washington Bridge Challenge on Sunday June 8, 2014 subject to authorization and coordination with the Police Department  Trustee Gallucci Jr. seconded the motion  which carried by a vote 4-0.

 

 

Accept Resignation from Part-time Police Officer

Trustee Gallucci Jr. moved to accept Part-time Police Office Clifton Bullock resignation effective immediately.  Trustee Blomquist seconded the motion which carried by vote 4-0

 

 

Old/New Business

 

Village Attorney Walter Sevastian reported an update regarding a previous request from the Piermont Volunteer Fire Department seeking a referendum to amend the conditions of their Service Award Program.  They are seeking to lower the retirement age from 62 to 60, and to also extend the service credits from 30 years to 40 years.  These amendments would need to be approved by the Board of Trustees by resolution with a majority of 60% vote in which Trustee Blomquist, being a member of the Fire Department and the Service Award program would have to recuse himself.  The proposal would then be subject to a mandatory referendum with a Village-wide election.  If passed, it would become effective January 1st the following year and the annual contribution would increase.

 

Trustee Gallucci Jr. questioned the current contribution for the Service Awards.

 

Village Attorney Walter Sevastian reported the plan administrator submits an annual report to the Village; last year the contribution was $136,000, which included an administration fee in the amount of $3,800.  He will forward the 2012 Service Awards report to the Board for their review and explained the Service Awards plan administrator is available to meet with the board and answer any questions the Board may have.

 

Mayor Sanders stated he would like to review the report and possibly have a workshop before he meets with the Service Awards plan administrator. 

 

Trustee Blomquist questioned if this is passes, does it impact the 2% tax cap or is it excluded.

 

Village Attorney Walter Sevastian replied yes

 

Trustee Blomquist also requested to separate the two request as lowering the retirement age with have an impact as the extension on the service credits will have no impact

 

Village Attorney Walter Sevastian will check into the procedures.

 

Trustee DeFeciani wanted to follow up with her request to go paperless she thinks it would save the Village money, a lot of paper and waste. 

Mayor Sanders directed the Clerk to review the costs for paper and other costs for printing.  He also thinks this should further be discussed during the budget workshops.

 

Village of Piermont Board of Trustees Minutes January 7, 2014

Page 6 of 6

 

 

Adjournment

Trustee Galucci Jr. moved to adjourn the meeting at 8:48pm.  Trustee DeFeciani seconded the motion, which was carried by a vote of 4-0.

 

 

 

 

 

Respectfully submitted,

Stephanie Tassello

Clerk-Treasurer

December 17, 2013

INCORPORATED VILLAGE OF PIERMONT

BOARD OF TRUSTEES MEETING

December 17, 2013

 

 

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

 

Absent: Mayor Sanders (Mayor Sanders entered the meeting at 6:50)

 

Deputy Mayor Blomquist called the meeting to order, and led everyone in the Pledge of Allegiance.

 

 

 

Public Comment

 

No Public Comment

 

 

Department Reports

 

DPW

DPW Superintendent Tom Temple-absent

 

 Fire Dept.

Chief Cavanaugh – absent

 

Police Dept.

Chief O’Shea-absent

 

 Building Dept.

Building Inspector Charles Schaub – absent

 

Authorize Mayor to sign the stipulation agreement with the Piermont Department of Public Works

 

Trustee Silverberg moved to authorize the Mayor to sign the Stipulation of Agreement between the Piermont Department of Public Works and the Village of Piermont.  Trustee Galluccci Jr. seconded the motion which carried by vote 4-0

 

 

Schedule a Public Hearing for the 2014 Community Block Grant Program

 

Trustee Gallucci Jr. moved to schedule a Public Hearing for January 21, 2014 at 8:15 p.m. for the 2014 Community Development Block Grant Program.  Trustee Silverberg seconded the motion, which carried by a vote of 4-0

 

 

Schedule a Public Hearing amending Local Law Noise Ordinance

 

Trustee Silverberg moved to schedule a Public Hearing for February 4, 2014 at 7:45 p.m. amending Local Noise Ordinance.  Trustee Gallucci Jr. seconded the motion, which carried by a vote of 4-0

 

Schedule Village Board Meeting dates 2014

 

Trustee Gallucci Jr. moved to adopt the following Village Board Meeting dates for the beginning of 2014.  Trustee Silverberg seconded the motion which carried by vote 4-0

January 7th and 21st.

February 4th and 18th

March 4th and 18th

April 1st. and 29th

May 13th and 27th   

Village of Piermont Board of Trustees Minutes December 17, 2013

Page 2 of 6

 

Approve and Award Bid for the North Shore Walkway Seawall Restoration Project

 

Village Clerk Stephanie Tassello reported there was only one bidder in the amount of $110, 026, she also received notification from the Village Engineer Ken DeGennaro recommending awarding the project to the low bidder M. Ingannamorte & Sons, Inc.

 

Trustee DeFeciani moved to award the Bid to the North Shore Walkway Seawall restoration project in the amount of $110, 026 to M. Ingannamorte & Son Inc.  Trustee Gallucci Jr. seconded the motion, which was carried by a vote of 4-0.

 

 

Review Ban Rates on $598,000- Multipurpose Bond

Village Clerk Stephanie Tassello received the following bid results;

Roosevelt & Cross, Inc. 1.1691%

Oppenheimer & Co., Inc. 1.1789%

Sage Rutty & Co., Inc. 1.2500%

M & T Bank    1.9500%

 

Trustee Silverberg made a motion to adopt Roosevelt & Cross, Inc bid at 1.1691 % on the Multipurpose Ban in the amount of $598,000.  Trustee Gallucci Jr. seconded the motion, which was carried by a vote of 4-0.

 

 

Approval of Warrant

Trustee Blomquist moved to approve the Warrants in the amount of $ 92,415.58 attached to the Minutes.  Trustee DeFeciani seconded the motion, which was carried by a vote of 4-0.

 

Public Hearing (7:00) a local law #4 of 2013 entitled “Flood Damage Prevention”

 

Trustee Gallucci Jr. made a motion to open the public hearing. Trustee Silverberg seconded the motion with a vote of 4-0.

 

Village Attorney Walter Sevastian commented anytime FEMA revises their flood maps they require all local villages to adopt a local law for flood prevention.  They require the Village to adopt a local law in order for them to join the national flood insurance program.  This local law has been submitted to DEC for them to review and we have received approval.

 

Trustee DeFeciani had no comment

 

Mayor Sanders questioned how this local law will affect our current zoning regulations regarding what is considered substantial damage.

 

Village Attorney Walter Sevastian commented there is a conflict between the Village Code and this new law it will require any new construction to be built 2 feet above base flood elevation.  It will be challenging due to the current height restrictions.    However there is a requirement to adopt the local law.

 

Trustee Silverberg commented it is required to adopt the local law to join the national flood insurance program.

 

Trustee Gallucci moved to close the Public Hearing. Trustee Defeciani seconded the motion which carried by vote 5-0.

 

Trustee Silverberg moved to adopt Local Law #4 of 2013 to amend entitled “Flood Damage Prevention, including SEQR findings. Trustee Defeciani seconded the motion, which was carried by a vote 5-0.

                                                                             

 

Village of Piermont Board of Trustees Minutes December 17, 2013

Page 3 of 6

 

 

RESOLUTION OF THE VILLAGE OF PIERMONT BOARD OF TRUSTEES

 

 

STATE OF NEW YORK

COUNTY OF ROCKLAND: VILLAGE OF PIERMONT

————————————————————————————————————X

In the Matter of a Local Law for Flood Damage

Prevention as authorized by the New York State Constitution,

Article IX, Section 2, and Environmental Conservation Law, Article 36.

 

————————————————————————————————————-X    

 

WHEREAS,  the Village Board of the Village of Piermont has noticed a Public Hearing with regard to the repeal and replacement of that portion of the Village Code governing Flood Damage Prevention regulations as set forth in Chapter 112;

 

WHEREAS, a Public Hearing on the adoption of these proposed amendments to the Village Code was held on December 17, 2013;

 

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:

A.  That the proposed Village Code amendment was preliminary classified as an “Unlisted” action under SEQRA.

B.        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),  determines that the proposed legislation, limited to regulations regarding Flood Damage Prevention within the Village of Piermont, constitutes an Unlisted action under SEQRA, and issues a Negative Declaration under SEQRA in that the regulations will have no negative environmental impact which can not be mitigated through the land use review process based, inter alia, upon the following:

 

Village of Piermont Board of Trustees Minutes December 17, 2013

Page 4 of 6

The local law requires certain municipal review standards and construction standards for building construction taking place in a flood zones, and 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 or substantial 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 or Zoning Law, 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. 

The Village Board notes that the application of the Flood Damage Prevention regulations are fact specific to particular development applications, but that in general the regulations are in fact designed to prevent or minimize potential adverse environmental consequences associated with construction activities in a flood zone.  The Board further notes and determines that Village of Piermont’s Planning and Zoning Boards have the ability to review and impose conditions on individual site plans so as to minimize environmental consequences.

 

AND BE IT FURTHER RESOLVED, the Village the Board of Trustees adopts the Local Law #__4_ of 2013.

AND BE IT FURTEHER RESOLVED, that upon adoption, this Local Law shall constitute Chapter 112 of the Code of the Village of Piermont, repealing the previously existing provisions of said Chapter to replace the same with the language set forth herein.

Village of Piermont Board of Trustees Minutes December 17, 2013

Page 5 of 6

 

 

Old/New Business

 

Trustee DeFeciani proposed to the Board to go paperless and suggested to use tablets or laptops during Village Board Meetings.

 

She asked Village Clerk to gather annual costs for paper supplies. 

 

Trustee Blomquist reported he received a letter of resignation from Officer John Salter 

 

Trustee Silverberg moved to accept Officer John Salter’s Resignation effective immediately.  Trustee Gallucci Jr. second the motion carried by vote 4-0

 

Trustee Blomquist also reported he received notification from the County of Rockland that they are providing fireworks display on New Year’s Eve. 

 

Trustee Gallucci Jr. moved to approve the Fireworks Display on New Year’s Eve subject to a cap not to exceed $5,000.  Trustee Silverberg seconded the motion which carried by vote 4-0

 

Trustee Silverberg moved to adopt and approve the CDBG committee for 2013-2014.  Trustee DeFeciani seconded the motion which carried by vote 4-0 

Anne Bazala- Low Income

 Mercedes Rodriquez- Minority

Elderly-Fred Devan

Disabled- Bob Samuels

Sylvia Welch-Other

Lisa DeFeciani- Board Representative

 

Mayor Sanders entered the meeting at 6:50

 

Mayor Sanders drafted the minutes from the December 10th workshop with the DEC and asked the board to review.  The board noted they captured the evening’s discussions.

 

Mayor Sanders also received a request from the Town of Ramapo to sign the agreement for use of the Town of Ramapo firing range.

 

Agreement for Use of the Town of Ramapo Police Firing range

Resolution No. 2013-616 AUTHORIZE AGREEMENT

EXTENSION/USE OF TOWN OF RAMAPO POLICE FIRING RANGE

 

Trustee Silverberg offered the following resolution, which was seconded by Trustee Blomquist and was unanimously adopted:

 

RESOLVED, that upon the recommendation of the Village Attorney, the Village Board hereby approves the extension of an agreement with the Town of Ramapo for use of the Town of Ramapo Police Firing Range by officers of the Village of Piermont Police Department for calendar year 2014 on the same terms and conditions as the previous agreement between the parties for calendar year 2013.

 

Mayor Sanders received notification from a resident looking to purchase property on Castle Road to turn it into residential condos in addition to adding a boutique style hotel/resort/spa.  This would require a zoning change and questioned the board if they would consider additional use in a R80 district.  He also expressed that this discussion could take into consideration the sale/rent of Tappan Zee Elementary School and the Cowboy fields.

 

Trustee Silverberg commented the idea is worth exploring, but would need further review.  He also raised an issue about having to create a new zoning district.

 

Mayor Sanders replied this would only require adding a use to the existing R80 district.  He asked Trustee Silverberg and Village Attorney to schedule a meeting with the resident to find out more details about the proposal.

Village of Piermont Board of Trustees Minutes December 17, 2013

Page 6 of 6

 

 

Mayor Sanders received a letter from the Piermont Fire Department regarding their request in a change to their service awards program.  The change would need a referendum to get passed.

 

Trustee Silverberg questioned the cost of having a special election and if there is any way to avert the costs and hold the referendum during the November election.

 

Village Attorney Walter Sevastian will review costs and procedures for holding a special election and inform the board of his findings.

 

Trustee Silverberg reported he received an email from the DEC regarding an invasive species program, he does not know enough about the program but will check into the details of the program

 

Adjournment

Trustee Gallucci Jr. moved to adjourn the meeting at 7:22 pm. Trustee Silverberg seconded the motion, which was carried by a vote of 5-0.

           

                                                                                   

Respectfully submitted,

Stephanie Tassello

Clerk-Treasurer

December 3, 2013

INCORPORATED VILLAGE OF PIERMONT

BOARD OF TRUSTEES MEETING

December 3, 2013

 

 

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

 

Executive Session

 

Trustee Silverberg moved to enter into Executive Session to discuss Grievance Determinations.  The motion was seconded by Trustee Gallucci Jr. and upon vote the Board entered Executive Session.

 

Trustee Silverberg recused himself

 

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

 

Regular Session

 

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

 

Public Comment

 

Audie Moran expressed concern with some of the recreational equipment in Kane Park being a hazard.  She also noted the newer park equipment was a donated on behalf of the Blauvelt Lions Club.

 

 

Approval of Minutes

 

Trustee Gallucci Jr. moved to approve the minutes from the November 19, 2013 meeting of the Board of Trustees.  Trustee Blomquist seconded the motion, which carried by a vote 4-0.

Trustee Silverberg abstained

 

Department Reports

 

DPW

DPW Superintendent Tom Temple reported December 12, 2013 will be the last day for leaf pickup.  He also reported Rockland Road Bridge punch list items will be complete by the end of the week.

 

Fire Dept.

Chief Cavanaugh – absent

 

 

Police Dept.

Chief O’Shea reported the annual Holiday food basket program with St. Johns went well.  He also advised residents that it is the Holiday Season and they should keep their car doors locked at all times.  He advised the residents if they see something say something.

 

Building Dept.

Building Inspector Charles Schaub – will submit his written report

Resolution to appoint Part-time Police Officer

Mayor Sanders proposed the appointment of John Salter to the position of Part-Time Police Officer, at a rate of $28.00 per hour.

 

Village of Piermont Board of Trustees Minutes December 3, 2013

Page 2 of 8

 

A motion was made by Trustee Gallucci Jr. seconded by Trustee Silverberg

Upon vote the motion carried by vote 5-0

 

The Clerk Treasurer performed the Oath of Office to PO Salter.

 

 

Recognition of Former Trustees

The Mayor recognized and honored former Trustee Audie Moran for her commitment to the Village of Piermont. She was originally appointed to the planning board and was a Trustee of the Village Board from 2001 thru 2012. A plaque was provided to her to recognize her service to the Village. 

 

Mayor Sanders also recognized and honored former Trustee Joan Gussow for serving on the Village Board from 2002 thru 2012.  Joan Gussow requested to make a donation to the Rockland Farm Alliance in her name.

 

Dan Sherman presented the status of memorial bench slots on the Pier

Dan Sherman reported originally the memorial program began with a total of 10 benches on the Pier, which quickly expanded to 16 benches.  He currently has a waiting list, and suggested to add additional benches at the end of the Pier.  He suggested to the board to landscape an area near the Bud Sedlak building which would include planting grass and trees which would provide an area for additional benches.

 

Mayor Sanders replied there is inadequate water supply at the end of the Pier which would present a challenge for watering the landscaped area.

 

Trustee Gallucci Jr. suggested placing memorial benches by Rockland Road Bridge.

Mayor Sanders agreed with Trustee Gallucci Jr. to offer memorial benches at Rockland Road Bridge.

 

Mayor Sanders tabled this for further discussion.

 

Request from Stewart & Lennon families to donate a memorial lighthouse in Memory of Lindsey Stewart and Mark Lennon

 

Raymond Lennon introduced himself, his Wife Janine Lennon and Carol Stewart Kosik.  He commented he is unfortunately here due to a tragic boating accident on the Hudson River July 26, 2013, when Mark Lennon and Lindsey Steward lost their lives.  He thanked the Piermont Volunteer Fire Department and the Piermont Police Department, especially Chief O’Shea, for their professionalism, dedication and support during and after the tragedy.  Their support provided both families some solace to this tragic accident.  Both families are committed to building and donating a lighthouse in memory of Mark Lennon and Lindsey Stewart, proposing to erect the lighthouse at the end of the Pier.   

 

Carol Stewart-Kosik also thanked the Piermont fire department and Police Department, from which she received an outpouring of support.  She explained to the board she understands the challenge of their request but is counting on the Board to support them in this endeavor.  She believes and hopes the proposed lighthouse will prevent another tragedy from happening.  Her daughter Lindsey’s fiancé, Brian Bond, still lives in Piermont and would like the opportunity not only to memorialize Lindsey and Mark but also the light will be a guide for the river.  She believes this will be an asset for the Village, providing a place for the public to sit and reflect. Mark Lennon submitted two pictures of memorial lighthouses similar to the one they are proposing. 

 

Mayor Sanders offered his condolences and thanked them for coming to the board.  He mentioned that he was approached several months ago by Carol Stewart, to discuss placing the lighthouse at the TZ marina, which would be on private property.  The board is faced with a major challenge to allow the placement of a lighthouse memorial on public park property.

 

Village of Piermont Board of Trustees Minutes December 3, 2013

Page 3 of 8

 

Trustee DeFeciani offered her condolences to both families.  She would need additional information regarding the legalities of where the light house is placed before making any decision.

 

Janine Lennon responded this is preliminary consultation and wanted to open up the line of communication in order to receive direction from the Board.

 

Carol Stewart-Kosik asked the Board for direction on what steps would be necessary in order for them to proceed with their proposal.

 

Janine Lennon informed the board that she has submitted an application to establish a not-for-profit corporation she hopes to help other organizations.

 

Trustee Blomquist offered his condolences and is pleased they are establishing an open line of communication and accepting input from the community.  He thinks this is an interesting idea and he looks forward to working with them.

 

Village Attorney Walter Sevastian commented he would need to review Piermont’s Village Code and would also need to contact the Army Core of Engineers, Coast Guard and the DEC.

 

Trustee Gallucci Jr. offered his condolences to both families.  He agreed with prior board comments there are many issues that would need to be addressed.  He understands and sympathized with both families but is concerned with challenges and issues that will need to be reviewed and addressed.

 

Trustee Silverberg also offered his condolences he thanked both families for their approach to the request.  He made reference to Dan Sherman’s earlier presentation regarding additional space for memorial benches, he suggested possibly creating the lighthouse as a memorial for everyone.  He is concerned with allowing this proposal due to the possibility of receiving many other requests to place memorials on public park property.  He suggested that both families meet with Dan Sherman to discuss possibilities.

 

Carol Stewart-Kosik understands the board’s concern but would like to continue with the memorial lighthouse.

 

Trustee Gallucci Jr. commented in order to accomplish this they would need to expand and make it a memorial lighthouse for everyone.

 

Mayor Sanders tabled this for further review and discussion.

 

Public Hearing (7:45) Phil Griffin Site Plan Application for the renovation/addition/alteration of a single family residence

 

Trustee Gallucci Jr. recused himself due to a potential conflict

 

Trustee Silverberg made a motion to open the public hearing. Trustee DeFeciani seconded the motion with a vote of 4-0.

 

Mayor Sanders commented Phil Griffin submitted his request for review at a prior board meeting which the board scheduled a public hearing.

 

Village Attorney Walter Sevastian reported this is a site plan application in a RD West zoning district, in which site plans need to be approved by the Village board of Trustees.  He received an email from a resident stating that a previous board passed a resolution many years ago that restricted modifications to units in the RD West zoning district, which would ultimately affect this request.  Unfortunately after a diligent search for the resolution in prior Village Board Minutes there were no findings of any such resolution.  The only resolution that was found relates to our current Village Code that states in the RD west district there is additional use requirements which include retail space cannot be more that 8,000 square feet, all site plan

Village of Piermont Board of Trustees Minutes December 3, 2013

Page 4 of 8

 

modification would need to be approved by the Board of Trustees, parking requirements, and residential density has an allowable maximum of 317 units.  He believes the resolution in question was directed towards expanding the number of units in the RD district, not modifications to any units.

 

Robert Hoene Architect representing Phil Griffin commented this proposal is an expansion of the upper level unit of the building.  They are proposing to expand the rooftop to the outer edges of the building which would increase an additional 812 square feet.    The expansion begins 15 to 20 feet back from the parking lot side and the river side.  This is just the middle section that expands out to the outer edges.  The existing unit is about 1500 square feet with the addition would bring the total to 2,300 square feet.

 

Trustee Silverberg questioned when did his unit change from being zoned commercial to residential.

 

Phil Griffin replied he has a special permit to allow commercial or residential he changed to residential approximately 4 years ago.

 

Robert Hoene commented the River side and the parking lot side will visually remain the same.  The middle of the building will expand to match the side units which will also modify and lower the roof by 5 or 6 feet.

 

Trustee Silverberg questioned will the modification protrude past the end of the building.

 

Robert Hoene commented the modification will be in the middle it will not protrude past the edges of the building.  

 

Building Inspector Charles Schaub commented this application is exactly what the drawing shows – it’s just an expansion.  He only modifying what is existing. 

 

Trustee Silverberg questioned if the unit is being occupied without a Certificate of Occupancy

 

Building Inspector Charles Schaub replied yes there is only a Certificate for unfinished office space.

 

Bert Dorfman commented he has been the Attorney for the buildings for many years and has refinanced several times each time a certificate of occupancy was produced to the different lenders.  He advised the board he had a certificate of occupancy for his home which was missing from the Building Departments files, suggesting maybe the C of O is also missing.

 

Trustee Silverberg questioned if this request needs to be reviewed by the LWRP

 

Village Attorney Walter Sevastian replied the Planning Board would need to review the costal assessment form and send back to the Village Board for final approval.

 

Mayor Sanders opened for Public Comment

 

John Roth introduced himself, his Wife Tatania, and his son Peter. He is a neighbor to Phil Griffin residing at 109 Shad Row since 2002.  He advised the board that two of his neighbors are also in attendance.  He commented this proposal is one anomaly after another; there have been several construction projects on the property which Phil had done without consulting any neighbors.  Mr. Griffin sold the second floor unit and added a deck which now has views into his master bedroom.  The site plan has always had a stipulation that changes cannot be made without consent from the majority of the unit owners and the consent of the Village Board.  He does not believe Phil Griffin had ever followed this procedure.  He expressed concern that Mr. Griffin is misrepresented himself and this request.  He went to his neighbors asking them to sign a document which appeared to be on Village letterhead and addressed to the Village of

 

 

Village of Piermont Board of Trustees Minutes December 3, 2013

Page 5 of 8

 

Piermont as if it already approved.  He was also minimizing the size of the project, which could not be verified as he was not providing a site plan.  He also explained Mr. Griffin’s significant other was asked his wife to sign the document, without providing details of the project or a site plan. He believes Mr. Griffin is acting fraudulently knowing he needs majority consent from the homeowners.  This is a significant increase in square footage, and the building will be squared off.  The proposal also extends a deck and adds additional windows which will face direct onto his property.

 

Tatania Roth also expressed concern allowing this project to proceed it will be a further invasion of her privacy. 

 

Mr. Roth concluded this proposal is to Mr. Griffin’s advantage and he tried to sneak it through.

 

Dennis Hardy former Mayor and Piermont Landing resident referred to a previous email he submitted regarding a resolution that was passed by a previous board which capped the

square footage in both the River front district east and west.  He believes a previous board passed this resolution and is dismayed it cannot be found.

 

Mayor Sanders replied he spent a majority of this past weekend reviewing minutes from board meetings between 1999 and 2001 and could not find a resolution “capping the square footage in the RD district”.  He also explained if such a resolution existed and was adopted, it would have been reflected in Village Code, which it is not.

 

Fred Devan commented he was a Trustee during that time and, to his recollection, the resolution referring to “capping” was for the amount of residential units allowable on the pier.  The resolution was passed due to building 41 which was originally zoned commercial, but instead, added 36 residential units, which became Harbor Cove Condominium.  The board passed the resolution restricting additional residential units.

Village Attorney Walter Sevastian commented that is reflected in the Village code, section 210.67 which states the maximum permitted density of residential uses in the RD District (for overall site) is 317 units (263 in RD-East and 54 in RD-West).

 

 Claudia Kempton residing at 105 Shad Row commented this building is different than the other buildings it looks like a commercial building, she does not believe Phil Griffin’s proposal will have an visual affect on the appearance of the building.  She also referenced Mr. Roth’s and disagreed with his concern that Mr. Griffin was acting fraudulently and did not provide details while he was requesting signatures.  When she was approached to sign the document she was fully advised and was provided details including a site plan. 

 

Trustee Silverberg addressed Claudia Kempton stating her request is on the Agenda and questioned the location of her unit.

 

Claudia Kempton acknowledged her request to expand her existing deck is also on this evening’s agenda, and she lives directly below Mr. Griffin.

 

Mr. Roth questioned the process of this and referred to Claudia Kempton suggesting she has a special interest in this project they both want to expand their units.  He feels the project will detrimental to the surrounding property owners that it will be an invasion of privacy.  He also questioned the required minimum allowable votes to approve the project.

 

 Phil Griffin apologized to his neighbors and would like to address a few of their concerns.  He addressed Mr. Roth’s question and stated he believes he does not need approval from the majority of homeowners, in 1997 a site plan amendment was approved by a previous board.  He would only need approval from the three units within his building, he requested approval from other surrounding units but are not needed.  He also addressed another privacy concern which he agreed to modify the placement of windows to which would create privacy.   

 

 

 

Village of Piermont Board of Trustees Minutes December 3, 2013

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Trustee DeFeciani questioned the process if he went before the planning board which they did not find any issues with the proposed project and there is nothing in Village Code that would prohibit this project.   

 

Village Attorney Walter Sevastian commented the use is permitted by special permit; there is nothing in Village Code that would prohibit this special permit.  The site plan changes would need to be approved by the Village Board.   

 

Trustee Silverberg suggested for Claudia Kempton and Phil Griffin applications be reviewed at the same time which will provide an overall visual impact.  He also suggested to Mr. Griffin to address the concerns of his neighbors.  

 

Building Inspector Charlie Schaub commented Mr. Griffin would need approval from all his surrounding neighbors.

Mayor Sanders directed Mr. Griffin to modify his document and take off anything that resembles the Village of Piermont Letterhead.  This request would need to be referred back to the Planning Board for a costal assessment recommendation. 

 

Trustee Silverberg moved to adjourn the Public Hearing to January 21, 2013 Village Board Meeting at 7:45pm.  Trustee Blomquist seconded this motion which carried by vote 4-0

 

Trustee Gallucci Jr. re-entered the meeting

 

Request from Claudia Kempton for an extension of her existing deck

 

Claudia Kempton commented she currently has two decks and is looking to expand and adjoin them to make it one deck.   

 

Building Inspector Charlie Schaub commented this is less of an impact than Mr. Griffin’s request, but he would like her to address the privacy concerns of Mr. & Mrs. Roth.

 

Claudia Kempton commented when she purchased her home this was an existing deck and would not have a problem with adding a privacy fence to address their concern.

 

Village Attorney Walter Sevastian commented this should be referred to the Planning Board for a recommendation for the site plan and a costal assessment.   

 

Trustee Blomquist made a motion to schedule a Public Hearing to review the site plan on January 21, 2013 at 8:00pm. Trustee Silverberg seconded the motion, which was carried by a vote of 5-0.

 

 Continued Discussion on the Train Station

Mayor Sanders commented this discussion was tabled from the last board meeting in order to review operating costs and get estimates of costs to change the interior to accommodate single-family residential space.

 

Trustee Gallucci Jr. commented the primary modification needed to accommodate a single-family residence would be to add a kitchen.  The intent is to keep modifications at a minimum while maintaining the Station’s historic value.  The final destination of the Kitchen has not been determined.

 

Building Inspector Charles Schaub advised the board that he and a consulting contractor submitted a design that would have minimum modifications and very little impact, to maintain its historic value.

 

Trustee Gallucci Jr. replied the estimates received to add a kitchen range between $14,000 and $24,000.  He commented that prior to the Village of Piermont purchasing the train station; someone lived on the second floor.  There would be no modifications to the exterior of the building.

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Building Inspector Charles Schaub reported this is a very basic modification which would keep the integrity of the building.  Everything would be surface mounted to preserve the building which could easily be returned it to its original state.

 

Mayor Sanders reported the total operating expenses are about $1,500 a year.  The total upkeep and maintenance costs are about $4,000 a year

 

Trustee Silverberg questioned if there is any consideration in renting the 2nd floor, as opposed to the entire building. 

 

Mayor sanders commented it would cost the same to convert the space, with a higher return on that investment in renting the entire space.

 

Trustee Gallucci Jr. thinks it would be more disruptive to the space, it would cost more to put a kitchen in the second floor and would also need to convert the heating/air condition to two zones.  He believes the board has an obligation to review all assets and facilities to address all costs and expenses.

 

Trustee Silverberg expressed concern losing the historical aspect of the train station if the entire space is rented. 

 

Mayor Sanders commented he is open to alternate suggestions from the Historical Society.

 

Mayor Sanders opened for public comment

 

Richard Esnard, chair of the Historical Society, commented after the last board meeting they held an open house at the train station he received multiple emails suggestion to form a petition.  He submitted a Petition to save Piermont’s Historic Railroad Station attached to the minutes. 

He read the Petition;

We, the undersigned, petition the Piermont Village Trustees not to convert the Piermont Railroad Station into a single-family rental. The loss of this valuable historic asset to the village would he profound and irreversible.  As a major tourist attraction, its commercial loss would be substantial.

 

We further petition the Piermont Village Trustees to create a Piermont Village Heritage site to remain within the public domain as an interpretive center where Piermont’s railroad and general history will be on display for all to see.  Its interior should continue to house and preserve Piermont’s valuable historic artifacts.  Without a question, Piermont’s station is the most important and only remaining symbol of Piermont’s railroad experience.  He currently has 150 signatures, and will continue to get more.  He concluded changing this to a single family rental the Village will lose the Jewel of Piermont.  

 

He further stated he is forming a committee to come up with a Plan to save the train station and asked for volunteers.

Margaret Holihan whom has lived in Piermont for 50 years advised the board the railroad station is the only thing left of historic value in Piermont.  She believes changing the use of the station would have a significant negative impact on the Village. 

 

 Audie Moran read an email (attached to the minutes) addressed to the Mayor and the Board of trustees discussing how she initiated and played an integral role in the purchase of the Train Station.

 

Mr. Fowler thanked the board for their efforts in trying to find creative ways to offset costs as a tax payer.  He believes the Train Station is a historical building which is the gateway to Piermont.  He does not believe the costs to renovate, and annual costs to maintain does not compare to historic value. 

 

 

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Trustee Blomquist suggested keeping the train station the way it is but does not oppose converting the 2nd floor to single family rental.  It would enable the Historical society to have access to the 1st floor, while generating revenue for the Village.

 

Trustee DeFeciani agreed with Trustee Blomquist to convert the 2nd floor to a single family rental.  She also expressed concern with the Village of Piermont becoming a landlord but at the same time it would generate revenue for the Village.

 

Trustee Silverberg applauded the efforts of the Board to address offsetting expenses but feels the train station invaluable.  He suggested tabling this to the second meeting in February which will give time to put a plan in place.  He volunteered to work as liaison to the Historic Society.

 

Robert Hoene commented he would like to rent the 2nd floor for his architectural firm.

 

Mayor Sanders tabled this for further review to the Village Board Meeting on February 18, 2013.

 

Schedule Board Meeting dates for beginning of 2014

 

Mayor Sanders confirmed Village Board Meetings, scheduled for the following Tuesdays

January 7th and 21st.

February 4th and 18th

March 4th and 18th

April 1st. and 29th

May 13th and 27th

 

Approval of Warrant

Trustee Blomquist moved to approve the Warrants in the amount of $ 618,854.06 attached to the Minutes.  Trustee DeFeciani seconded the motion, which was carried by a vote of 5-0.

 

Old/New Business

 

Village Attorney Walter Sevastian requested to schedule a public hearing amending local noise ordinance at the next Village Board Meeting.

 

Trustee DeFeciani suggested writing thank you letters to all volunteers whom helped clean up the medians in the parking lot. 

 

Trustee Blomquist reported the Fire Department is requesting a change to their awards program which would need a Village-wide referendum to get passed.

 

Trustee Silverberg reported the Scenic Hudson task force held its initial public meeting which was a success. 

 

Mayor Sanders reported the Clerk’s office renovation project is complete and looks wonderful.   

 

Adjournment

Trustee Gallucci Jr. moved to adjourn the meeting at 9:58 pm. Trustee Silverberg seconded the motion, which was carried by a vote of 5-0.

 

                                                                                               

                                                                                                           

Respectfully submitted,

Stephanie Tassello

Clerk-Treasurer

November 19, 2013

INCORPORATED VILLAGE OF PIERMONT

BOARD OF TRUSTEES MEETING

November 19, 2013

 

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

 

Trustee Steven Silverberg- absent

 

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

 

Public Comment

 

Fred Devan questioned the status of the Parking lot that is for sale across the street.

 

Mayor Sanders commented he does not know any details at this time.

 

Approval of Minutes

 

Trustee Gallucci Jr. moved to approve the minutes from the November 12, 2013 meeting of the Board of Trustees.  Trustee Blomquist seconded the motion, which carried by a vote 4-0.

 

Department Reports

 

DPW

DPW Superintendent Tom Temple reported over the next two weeks the DPW department will be picking up leaves. 

 

Fire Dept.

Chief Cavanaugh – absent

 

Police Dept.

Sgt O’Leary -absent

 

Building Dept.

Building Inspector Charles Schaub – absent

Develop List for Future Bans/Bonds

Mayor Sanders reviewed the schedule from our Bond Counsel, which offered two options available for future BANS/Bonds. 

Trustee Blomquist reported the yield curve for short term borrowing over the past 24 months have seen very little increase, while the long term rates have had asignificant increase.  He recommended continuing to borrow at short term rates and review long term rates in a year.

Mayor Sanders directed the Village Clerk to seek short term BAN rates.

Resolution from the County of Rockland for an Agreement to accept Reimbursement for the purchase of a Chevrolet Suburban Police Vehicle through asset Forfeiture Funds

 

RESOLUTION NO.   1119                           VILLAGE OF PIERMONT

 

TITLE:  Authorization for Agreements between the County of Rockland and the Village of Piermont for Reimbursement for the purchase of Chevrolet Suburban Police Vehicle through asset forfeiture funds

 

RESOLUTION, to authorize Mayor Chris Sanders, on behalf of the Village of Piermont, to execute an Agreement between the County of Rockland and the Village of

 

Village of Piermont Board of Trustees Minutes November 19, 2013

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Piermont for reimbursement for the purchase of Chevrolet Suburban Police Vehicle through asset forfeiture funds in the amount of $53,856.00 as outlined in the agreement.

 

This Resolution was moved by Trustee John Gallucci Jr. and seconded by Trustee Lisa DeFeciani.  Upon vote the motion carried unanimously.

Trustee Blomquist moved to declare the 1982 Chevrolet Step Van VIN# 1GBHP32M1C3324954 as surplus, to be auctioned.  Trustee Gallucci Jr. seconded the motion which carried by a vote 4-0

Discussion on the Train Station

 

Mayor Sanders commented the train station has been discussed at previous board meetings, especially since the Historical Society came before the board several months ago and requested to enter into a caretaker agreement with the Village.  The board has discussed the possible uses for the Train Station to relieve the financial burden on the Village 

 

Village Attorney Walter Sevastian commented the Village owns the building jointly with the County if the Village is considering selling the building.  It would be feasible for the Village to lease it out to generate revenue to offset taxes, which would keep the building in ‘municipal use’.

 

Trustee Gallucci Jr. has reviewed the train station to look at possible uses, including a residential lease.  He believes with minor modifications it could be turned into a residential space.  There a two options -either rent the entire space, or rent only the second floor which would enable the Historical Society access to maintain the first floor.    He believes both options would cost about the same to convert but it would be more beneficial on the Village to rent the entire building.  The Village could preserve the ticket booth for the Historical Society.  The building inspector would need to meet with contractors to discuss the cost to convert to verify its feasibility.

 

Trustee Blomquist thinks is a great idea to rent the second floor, and keep the 1st floor for the historical society. 

 

Trustee DeFeciani questioned the cost to maintain the building on a yearly basis.  She would like to maintain it as a historical site, but thinks it would be great to lease the second floor as a caretaker rental.

 

Mayor Sanders questioned Village Attorney Walter Sevastian if we could add provisions in any lease agreement for the Train Station that it be strictly maintained as a historical site

Village Attorney Walter Sevastian commented the Village can add any provisions into the lease agreement.

 

Trustee DeFeciani questioned what the projected revenue is if we convert the space into a single family rental

 

Trustee Galluccci Jr. replied it could generate as much as $24, 000 annually for both floors.

 

Mayor Sanders questioned the impact of current caretaker agreement with the Historical Society.

 

Village Attorney Walter Sevastian referred to the original lease agreement with the Historical Society, which due to financial burden of reoccurring monthly expenses they requested to take on a lesser role and enter into a caretaker agreement.  The new caretaker agreement can be terminated by either party at any time.

 

Ed Traynor of the Piermont Historical Society commented he thinks there would be substantial cost to bring the Train Station up to current Building/Fire Codes.  He also referred to the original purchase of the Train Station which included deed restriction and was designated for specific purposes.

 

 

 

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Rich Esnard, also of the Historical Society, commented the Train Station is a Historic Site and should be maintained and preserved as a museum, and is against leasing it.  He remarked that it is the most important historic site in Piermont, which brings tourists to

the Village.  He invited the board and residents for a tour at the Train Station on Sunday November 24, 2013 starting at noon.

 

Mayor Sanders tabled this for further review and discussion to the next Village Board Meeting December 3, 2013.

 

Approval of Warrant

Trustee Blomquist moved to approve the Warrants in the amount of $ 45,158.51 attached to the Minutes.  Trustee DeFeciani seconded the motion, which was carried by a vote of 4-0.

 

Old/New Business

Mayor Sanders thanked Dan Sherman and the Piermont Parks commission for the wonderful work in providing all new plants and bushes that were donated at Kennedy Park.   He also thanked Charlotte Kim, Carol Cameron, and Rochelle Spooner for volunteering with the gardening.  He also thanked the DPW department for delivering the top oil making it possible for all the new plantings.

 

Mayor Sanders also reported he received notification from the New York State Department of Labor PESH division that all the citations have been abated and the case file is closed.  He recognized the remarkable efforts of Clerk-Treasurer Stephanie Tassello for coordinating the departments and thanked all for pulling together in abating all the citations, making sure the Village did not receive any costly violations.

 

Village Attorney Walter Sevastian received an email for the planning board indicating there is a drafting error in the Villages noise ordinance. The Village will need to modify and amend the local law of the Village Code.   He will provide a draft local law and will look to schedule a public hearing to amend the local law in January 2014.

 

Trustee DeFeciani had nothing to report

Trustee Blomquist had nothing to report

Trustee Gallucci Jr. had nothing to report

 

Mayor Sanders reminded the Board that Betsy Blair of the DEC, and a member of the New York State Parks will review and provided an update on the status of the Piermont Marsh on December 10, 2013 beginning at 7:30pm at Village Hall.

 

Executive Session

 

Trustee Gallucci Jr. moved to enter into Executive Session to discuss personnel / contract issues.  The motion was seconded by Trustee Blomquist and upon vote the Board entered Executive Session.

 

Trustee Blomquist moved to exit Executive Session, Trustee DeFeciani seconded.  Upon the vote, the motion passed and the board returned to regular session.

 

Trustee Gallucci Jr. moved to add the position of MEO II.  Trustee Blomquist seconded the motion, which carried by a vote 4-0

 

Adjournment

Trustee Gallucci Jr. moved to adjourn the meeting at 8:35   pm. Trustee Blomquist DeFeciani seconded the motion, which was carried by a vote of 4-0.

 

                                                                                               

                                                                                                           

Respectfully submitted,

Stephanie Tassello

Clerk-Treasurer

November 12, 2013

INCORPORATED VILLAGE OF PIERMONT

BOARD OF TRUSTEES MEETING

November 12, 2013

 

 

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

 

 

Executive Session

 

Trustee Blomquist moved to enter into Executive Session to discuss Pending Litigation.  The motion was seconded by Trustee Silverberg and upon vote the Board entered Executive Session.

 

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

 

Regular Session

 

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

 

Public Comment

 

Mayor Sanders congratulated Trustees Blomquist, Gallucci and Judge Laura Weiss on their recent re-election.

 

Resident Greg McKillop, Paradise Avenue, noted a successful kickoff meeting for the Piermont Waterfront Resiliency Task Force. The task force is coming up with ideas and plans to protect the village from future flooding. There will be a public workshop at the View on November 25th from 6-9pm.

 

Ann Putko, Bay Street, stated that she is a member of the Orangetown Environmental Committee and they are working on ecological landscaping. A brochure was presented to the Village Board that supports the initiative of the committee. The concept reduces costs and save money for the Towns and Villages in addition to helping the environment. The primary way to do this is to mulch leaves instead of bagging them. Mulching leaves saves money. She would like to leave the brochures downstairs in Village Hall and is asking the Village Board to consider mulching.

 

 

Approval of Minutes

 

Trustee DeFeciani moved to approve the minutes from the October 12, 2013 meeting of the Board of Trustees. Trustee Blomquist seconded the motion, which carried by a vote 5-0.

 

Department Reports

 

DPW

DPW Superintendent Tom Temple reported that he received the punch list from the village engineer for the Rockland Road Bridge. He will be sending it to the contractor so that they will be able to complete the project.

 

The department also received the new F-350 pickup truck last week.

 

The DPW generator has been installed and is fully functioning.

 

The leaf collection program has started and runs thru the second week of December.

 

Fire Dept.

Chief Cavanaugh reported that the fire Department had 21 responses, 16 ambulance and 5 fire related.

 

 

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The department has been in contact with the Tappan Zee Bridge security and is keeping the lines of communication open. They have had a few meetings in regards to planning and responses, drills with the construction crews out on the river.

 

The department was trying to get a slip for their boat where the State troopers keep their boats but as of now it will not go forward. They will try again in a couple of months.

 

The Halloween event for Village residents held at the fire house was a success.

 

The Fire department went to Tappan Zee Elementary for a four-hour fire prevention program.

 

The Chief also reminded residents to change batteries in smoke alarms.

 

Police Dept.-absent

 

Building Dept.

Building Inspector Charles Schaub reported that it was a busy month with seven applications before the planning board and six applications in front of the zoning board.

 

He wanted the Village Board to be aware that Grant Writer Sylvia Welch and Village Clerk Stephanie Tassello have put in a lot of time in their efforts to get the Village money in grants in response to Hurricane Sandy.

 

Village Attorney Sevastian mentioned that he spoke with the Building Inspector about the Train Station and reported that, in that zoning district, the Village can put an apartment in the upstairs of the building provided it complies with the building and fire codes.

Resolution to extend the retainer for law firm Burke, Miele & Golden

Trustee Gallucci made a motion to extend the retainer of Burke, Miele & Golden to reflect that the village has retained them to move for a declaratory judgment that the village’s insurance company is responsible to cover legal fees & indemnification for litigation that is pending, and extend the existing retainer agreement to cover the cost related to the declaratory judgment action. Trustee Silverberg seconded which was carried by a vote of 5-0.

Request from Ivan Szendro to donate a sign to the Village of Piermont

Trustee Blomquist made a motion to accept a sign commemorating the Twined Villages, to be presented to the village and installed by the DPW on existing sign post on Bridge Street. Trustee Gallucci seconded which carried a vote of 5-0.

 

 

Public Hearing (7:45) a local law #3 of 2013 to amend the Property Maintenance Code regulating the proliferation of Bamboo

 

Village Attorney Walter Sevastian reported that the proposed local law amends the Property Maintenance Code and requires that if you plant bamboo you must confine it to your property, if not you will be fined.

 

The Mayor noted the proposed legislation addresses bamboo only if it encroaches on neighboring property.

 

Trustee Silverberg made a motion to open the public hearing. Trustee Gallucci seconded the motion with a vote of 5-0.

 

Mayor Sanders opened the floor for public comment.

 

Former Village Trustee, Katherine Smith submitted the following suggestions including photos, in an unsigned letter, for public comment:

 

 

Village of Piermont Board of Trustees Minutes November 12, 2013

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“ADD BAMBOO TO PROPERTY MAINTENANCE ARTICLE III,

154.5 MAINTENANCE OF EXTERIOR PREMISES AND STRUCTURES”

 

  • Bamboo plantings must be in substantial containers that will prevent the roots from spreading into bare ground.

 

  • Plants currently growing outside of containers must be relocated to fifteen feet from property lines and/or cut back to a maximum height of five feet and require a permit from the Village. The fee for the permit is $100.

 

  • If a resident of property owner fails to comply within the next two summer months the Village will have the work done and bill the appropriate person or add the cost to the owner’s next tax bill. Or, fine the resident $100 a week until it’s done.

 

  • Any damage caused by the bamboo to neighboring property will be corrected by the resident or owner and will be paid for by the same party.

 

  • No “grandfather’s clause” applies to bamboo

 

 

Rob Sturgeon, Roundhouse Condominiums, wants to know who will be enforcing the local law. The Mayor stated that the building inspector will be enforcing this law and will issue property maintenance citations.

 

No further Public comment.

 

Trustee Gallucci moved to close the Public Hearing. Trustee Defeciani seconded the motion which carried by vote 5-0.

 

Trustee Gallucci moved to adopt Local Law #3 of 2013 to amend the Property Maintenance Code regulating the proliferation of Bamboo, including SEQR findings. Trustee Defeciani 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

In the Matter of the Amendment to

Chapter 154 of the Code of the Village

Of Piermont entitled “Property

Maintenance Code”

——————————————————————–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 the Property Maintenance Standards provisions set forth in Chapter 154 of said Code;

 

WHEREAS, Public Hearing on the adoption of this proposed amendment to the Village Code

Was held on November 12, 2013;

 

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;

Village of Piermont Board of Trustees Minutes November 12, 2013

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  1. 1.                   That the proposed Village Code amendment was an “Unlisted” action under SEQRA.
  2. 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 (see attached).

BE IT FURTHER RESOLVED, the Village the Board of Trustees adopts the amendments to Chapter 154 of the Code of the Village of Piermont.

 

 

Request from Phil Griffin seeking site plan approval for addition/renovation in the RD Zoning District

 

Village Attorney Sevastian stated that in this zoning district, site plans must go before the Village Board for approval.

 

Trustee Silverberg noted that in the Planning Board minutes they state a concern that this proposal could set a precedent for the other townhomes in that area. Trustee Silverberg also referred to a letter received from former Mayor Denis Hardy (received earlier today) stating:”…the Riverfront District East & West zoning districts have been “capped” thereby no additional square footage were to be allowed to be built.”

 

This was reported to be passed by the Village Board sometime between 1997-2001. The mayor directed the Village Clerk’s office to review minutes from that timeframe to confirm.

 

It was also noted that the subdivision map for this property note “Any Exterior Change to the building must be approved by a majority of the lot owners of the subdivision and the Village Board”.

 

Trustee DeFeciani made a motion for the Village Board to be lead agency to hold a SEQR Review on the site plans.  Trustee Silverberg seconded the motion, which was carried by a vote of 5-0.

 

Trustee Silverberg made a motion to hold a Public Hearing to review the site plan on December 3, 2013 at 7:45pm. Trustee Gallucci seconded the motion, which was carried by a vote of 5-0.

 

Presentation from John VandenOever of the Piermont Marsh Conservancy regarding the NYS/DEC plans to restore the Piermont Marsh, removing invasive species and replacing native grasses

 

John VandenOever spoke about how the Piermont Marsh Conservancy was formed to promote free and open exchange of ideas and information regarding the Piermont Marsh and the DEC’s evolving proposals to study the marsh and explore possibilities to enhance its health.

 

The goals of the Conservancy are to support responsible salt marsh restoration and enhancement efforts. To help educate and raise awareness in the community about the state of the marsh, to work to return the marsh to a more balanced state of greater biodiversity. To work with other organizations to improve water quality in the Sparkill Creek. To promote recreational, educational and research activities in and around the marsh and to identify and advocate for funding sources to improve the ecology of the salt marsh habitat.

 

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The Conservancy welcomes the opportunity to work with people like Betsy Blair and others at the DEC and Hudson River National Estuarine Research Reserve. They believe that the DEC demonstrates a desire to find the best solution, if any, for the Piermont Marsh.

 

 

Review and Discuss letter from Betsy Blair Reserve Manager of the New York State DEC regarding the NYS/DEC plans to restore the Piermont Marsh

 

The Mayor noted that the letter indicates that original plans for remediating the Piermont Marsh have been pulled back.

 

The letter stated that the DEC wants to reach out to the community to review the planning process of the Piermont Marsh. The Mayor is planning on reaching out to Betsy Blair to come to the Village during the first two weeks of December to start a dialogue and planning about the marsh.

 

Margaret Grace gave to the Board of Trustees, a copy of a petition sent to the DEC, from the Piermont Marsh Alliance and Piermont residents, with over 600 signatures.

 

 

Continuation on Review of Accountants JH Cohen/Reznick Fiscal 1st Quarter report FYE 2014

 

Trustee Blomquist noted that in the revenue section, the Police fees and the Planning /Zoning fees are significantly less then this time last year. Building Inspector Schaub noted that the Planning/Zoning Fees are probably inaccurate and has recently received thousands of dollars in fees, he will check on those amounts.

 

 The Mayor reminded the board that the Village will be going over budget on Retirement expense, which will be paid in December. The Board under-estimated retirement because of the overtime during Hurricane Sandy. This will be reimbursed from FEMA.

 

DPW Supervisor Tom Temple noted that most of the Storm/Snow overtime was due to repairs at Parrelli Park, which will be transferred to the Capital Budget. The overtime will be reimbursed from FEMA.

 

 

Resolution: Authorize the Village Clerk-Treasurer to submit the Return of Unpaid Village Taxes to the County of Rockland

 

Trustee Silverberg made a motion to authorize the Mayor, Deputy Mayor & Clerk-Treasurer to sign and for the Village Clerk-Treasurer to submit the Return of Unpaid Village Taxes to the County of Rockland. Trustee Blomquist seconded the motion, which was carried by a vote of 5-0.

 

Authorize Village Clerk to seek Public Bids for the Northshore Walkway project

 

Trustee Silverberg made a motion to authorize the Village Clerk to seek Public Bids for the Northshore Walkway project, and schedule a bid opening on December 16th at 12noon. Trustee Gallucci seconded which was carried by a vote of 5-0.

 

Request from the Piermont Rowing Club to use Village hall for a meeting on Saturday, November 16, 2013 for a member meeting

 

Trustee Blomquist made a motion to approve the request from the Piermont Rowing Club to use Village Hall for a meeting on November 16, 2013 for a member meeting. Trustee Gallucci seconded the motion, which was carried by a vote of 5-0.

 

 

 

 

 

 

Village of Piermont Board of Trustees Minutes November 12, 2013

Page 6 of 7

 

Request from Piermont Ladies Auxiliary to set up a Holiday Festival Booth/Table in front of Village Hall

 

Trustee Silverberg made a motion to approve the request from the Piermont Ladies Auxiliary to set up a Holiday Festival Booth/Table in front of Village Hall on December 8th.  Trustee DeFeciani seconded the motion, which was carried by a vote of 5-0.

 

Approval of Warrant

Trustee Blomquist moved to approve the Warrant in the amount of $ 237,197.23 attached to the Minutes.  Trustee Gallucci seconded the motion, which was carried by a vote of 5-0.

 

Old/New Business

 

Village Attorney Sevastian asked the Board of Trustees to schedule a Public Hearing on December 17, 2013 to approve the adoption of the Flood Damage Prevention Local Law.

Trustee Gallucci made a motion to hold a Public Hearing on December 17th on the Flood Damage Prevention Local Law at 7pm. Trustee Blomquist seconded the motion and was carried by a vote of 5-0.

 

Trustee DeFeciani reported that she met with the Chamber of Commerce and they agreed to adopt one of the two medians in the North Parking Lot.

 

Trustee Blomquist reported that the Fire Department originally received an offer for the pumper for $38,000. After the offer was made the air conditioning system malfunctioned, and the repair estimate is $7,000. The department reported this to the person who made the offer to inform them about the air conditioning. The Board should expect a revised offer.

 

Trustee Gallucci continued the discussion about the renovation of the Train Station. The Building Inspector will get quotes about renovating the Train Station, including renovating the bathroom and putting in a kitchen. One idea is making a 2nd floor apartment and preserving the first floor as historical, or making a one family apartment throughout.

 

The Mayor is concerned about the final punch list for the Rockland Road Bridge. He will reach out to the Village Engineer about the fact that the contractor has not been to the site in awhile.

 

Trustee Silverberg noted that the Storm Surge Resiliency meeting was a success. Scenic Hudson made it a worthwhile meeting. They brought in people from the DEC, who indicated that they will be having representatives attend all future meetings. The next meeting will be held on November 25th at 6pm at The View, for public input. They would also like to start including other people from the County to give input on certain specific issues as they go forward. Mayor suggested having Chris Jensen join the task force.

 

The Mayor asked Trustee Blomquist about the BAN/Bond schedule. Trustee Blomquist met with the Village Clerk, Stephanie Tassello and is recommending the Village continue with BANs and hold off on committing to Serial Bonds at this time. The Mayor would like to look at the schedules of bans and bonds at the next Board of Trustees meeting on November 19th.

 

The Mayor noted that he reached out to the committee for the Pier Building. Members of Lamont and residents of the Village are on the committee.  The first meeting will be held on November 19th from 6-7.30pm.

 

The Village Holiday Party is scheduled for Dec 17th at Cornetta’s Restaurant.

 

 

Executive Session

 

Trustee Gallucci Jr. moved to enter into Executive Session to discuss Personnel Discussion.  The motion was seconded by Trustee DeFeciani and upon vote the Board entered Executive Session.

 

Village of Piermont Board of Trustees Minutes November 12, 2013

Page 7 of 7

 

Trustee DeFeciani moved to exit Executive Session, Trustee Blomquist seconded and upon the vote, the motion was passed and the board returned to regular session.

 

Adjournment

Trustee Gallucci Jr. moved to adjourn for the meeting at 9:35pm. Trustee DeFeciani seconded the motion, which was carried by a vote of 5-0.

 

                                                                                               

                                                                                                           

Respectfully submitted,

Michele Koblick

Deputy Clerk-Treasurer

 

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