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

Page 2 of 9

 

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

Page 3 of 9

 

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

Page 4 of 9

 

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. 

 

 

Village of Piermont Board of Trustees Minutes January 28, 2014

Page 5 of 9

 

 

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

Page 6 of 9

 

 

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

Page 7 of 9

 

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

Page 8 of 9

 

 

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

Page 9 of 9

 

 

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

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