Meeting Minutes

July 15, 2014

 INCORPORATED VILLAGE OF PIERMONT

BOARD OF TRUSTEES MEETING

July 15, 2014

 

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

 

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

 

Public Comment

 

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

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

 

Margaret Grace asked about the development on Castle Road Property.

 

Mayor Sanders commented that no official documents have been submitted.

 

Approval of Minutes

 

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

 

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

 

Department Reports

 

DPW

 

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

 

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

 

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

 

2002 Bombardier: $2,650

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

2003 Ford F-350: $1,675

 

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

 

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

 

Building Dept.

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

Village of Piermont Board of Trustees Minutes July 15, 2014

Page 2 of 13

 

POLICE

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

 

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

 

Fire Dept.

Chief Cavanaugh – absent

 

Recognition of service of Officer Kenneth Marren

 

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

 

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

 

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

 

July 15th, 2014

 

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

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

 

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

 

Resolution to appoint a Full-Time Police Officer

 

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

 

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

 

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

 

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

 

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

Village of Piermont Board of Trustees Minutes July 15, 2014

Page 3 of 13

 

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

 

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

 

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

 

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

 

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

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

 

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

 

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

 

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

 

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

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

 

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

 

 

Village of Piermont Board of Trustees Minutes July 15, 2014

Page 4 of 13

 

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

 

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

 

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

 

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

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

 

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

 

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

 

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

 

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

 

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

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Village of Piermont Board of Trustees Minutes July 15, 2014

Page 5 of 13

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Trustee Silverberg asked how many seats he currently has.

 

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

 

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

Village of Piermont Board of Trustees Minutes July 15, 2014

Page 6 of 13

 

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

 

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

 

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

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

 

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

 

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

 

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

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

No public comment was forthcoming.

 

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

 

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

Village of Piermont Board of Trustees Minutes July 15, 2014

Page 7 of 13

 

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

 

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

 

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

 

RESOLUTION OF THE VILLAGE OF PIERMONT BOARD OF TRUSTEES

 

 

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Village of Piermont Board of Trustees Minutes July 15, 2014

Page 8 of 13

 

 

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

 

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

 

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

 

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

 

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

 

 

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

 

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

 

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

 

 

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

 

Village of Piermont Board of Trustees Minutes July 15, 2014

Page 9 of 13

 

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

 

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

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

 

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

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

 

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

 

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

 

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

 

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

 

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

 

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

Village of Piermont Board of Trustees Minutes July 15, 2014

Page 10 of 13

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

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

 

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

 

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

 

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

 

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

Village of Piermont Board of Trustees Minutes July 15, 2014

Page 11 of 13

 

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

 

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

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

 

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

 

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

 

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

 

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

 

Trustee Blomquist would like to see the advisory opinions.

 

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

 

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

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

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

The Board did not approve this request.

 

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

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

 

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

 

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

 

Village of Piermont Board of Trustees Minutes July 15, 2014

Page 12 of 13

 

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

 

Continue Discussion & review purchase of Tablets for the Village Board

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

 

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

 

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

 

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

 

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

 

Resolution to approve Scar Settlement

Resolution N. 0726-2014___

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

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

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

 

Village of Piermont Board of Trustees Minutes July 15, 2014

Page 13 of 13

 

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

 

Approval of Warrant

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

 

Old/New Business

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

 

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

 

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

 

Executive Session

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

 

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

 

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

 

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

 

Adjournment

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

Respectfully submitted,

Stephanie Tassello

Clerk-Treasurer