Agenda

March 4, 2014

INCORPORATED VILLAGE OF PIERMONT

BOARD OF TRUSTEES MEETING

March 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

 

No Public Comment

 

Approval of Minutes

 

Trustee Gallucci Jr., moved to approve the minutes from the February 18, 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 turned in his monthly report and reported the dump truck is back from being serviced.  He also reported he received reimbursement from the insurance carrier for the repairs to the Community Center.  He received notification from the DEC they are doing an MS -4 Audit on March 19, 2014, and lastly he is working with United Water for a minor repair at the Community Center.

 

Fire Dept.

Chief Cavanaugh – absent

 

Police Dept.

Chief O’Shea submitted his monthly report

 

 

Building Dept.

Building Inspector Charles Schaub will submit his monthly report

Continuation of the Public Hearing (7:35) 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 reported a public hearing was adjourned from a previous Village Board Meeting on January 28, 2014, as it was believed that Mr. Griffin did not obtain the approval from the Majority of lot owners.  Mr Griffin scheduled to appear before the zoning board for a determination on that requirement. He withdrew his request to appear before the ZBA in the belief that he has received approval letters from the majority of lot owners.

 

Mr. Griffin submitted a letter addressed to Lillian Jagid, a resident of Piermont residing at 111 Shad Row, confirming his agreement that he will never have a roof top patio on the roof above his master bedroom. 

 

Mayor Sanders questioned why this letter was addressed to Lillian Jagid

Phil Griffin responded Lillian had expressed concerns to him she was advised from a neighbor that he was going to use the roof top as a Patio.  He wanted assure Ms. Jagid he had no intentions

 

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of a roof top patio and wanted to submit a letter for the record that he will not use the roof as a Patio.

 

Mayor Sanders read the letter into the record;

 

Dear Lillian,

 

This will confirm my agreement that I will never have any roof top patio on the roof above the roof of my master bedroom.  That the area above my bedroom is a roof and will not at anytime be used for a patio or any other purpose except a roof.

 

This agreement will be recorded in the County of Rockland Clerks Office after I obtain approval and will be permanent restriction on my deed and all further owners of my property.

 

I will also file whatever necessary paper work with the building department and the Village Board of Trustees to put this on official record with them also that the roof above my proposed master bedroom will never be used for a patio and the only people allowed up on there will be for maintenance only.

 

Phillip Griffin

 

Public Comment:

 

Mr. Roth, residing at 107 Shad Row, questioned how Mr. Griffin obtained the approval from Mrs. Jagid – she was initially strongly opposed to this site plan.

 

Mayor Sanders commented Mrs. Jagid came to a previous public hearing and expressed concern regarding the potential use of the roof top as a Patio.  Mr. Griffin explained to her it would not be used as a Patio and he submitted a letter confirming his agreement to be included as part of a permanent record for future reference.

 

Village Attorney Walter Sevastian reported if the board took any action on this, they could add a condition that the roof top could not be used as a Patio, and could only be used for maintenance.

 

Mr. Roth objects to Mr. Griffin submitting signed approval letters from majority of homeowners stating initially he indicated he did not need them and was referred to the zoning board for a determination.  He advised the board he was under the assumption Mr. Griffin was scheduled to go before the zoning board, and while some neighbors were away he obtained the signatures needed.  He questioned what was said to Mrs. Jagid to change her mind- she originally was opposed to the site plan, and now he cannot question Mrs. Jagid as she is on an extended vacation. He also questioned the legality of the majority approvals; he referenced the recorded 1995 map which states majority of the lot owners of this subdivision.  He advised the board in 2011 Mr. Griffin subdivided one unit into two units they became residences as property owners not lot owners.  He interprets this as Mr. Griffin not having Majority votes.  In addition to not having the votes, this site plan will ultimately change the visual scape and he has never offered a reason why he wants to do this

 

Claudia Kempton residing at 105 Shad Row commented she is a lot owner; she pays taxes and should be allowed to vote.  She further commented when the neighbors were opposed to this site plan their votes counted now Mr. Griffin has majority approval and now he is wants to exclude votes.  This site plan means a lot to her as the roof is leaking which is causing damage to her unit and is in need of repair.

 

Betty Lowey residing at 117 Shad Row commented she was never approached and asked to sign any letter.  She referenced the recorded 1995 map and believes the intent is to be for the original 5 lot owners to have the vote.  She does not know when Mr. Griffin’s unit was changed

 

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from commercial to mixed use, however Mr. Griffin’s unit was established for Commercial use and was to act as a buffer between the view and the residential area.

 

Tatiana Roth commented that Mr. Griffin recently built two rooms within his condo, and does not know why he wants to further expand. 

 

Yelena Anisina residing at 105 Shad Row responded to Tatiana that there was a dormer installed to separate the room to allow her family to visit, while providing some privacy.

 

Village Attorney Walter Sevastian commented this is a site plan application in the RD West district it is a permitted use in that district by special permit by the Board and majority approval.  To his understanding the majority signatures obtained are sufficient.

 

Trustee Silverberg submitted a photograph Mr. Griffin’s unit, and asked Mr. Griffin to provide details of his site plan based off his photograph to get a better understanding of the visual impact of his proposal.

 

Phil Griffin examined the photograph explained where the dormers on the roof on the sides will be removed and the roof will be lowered by 5 feet.  He submitted a sketch of the interior of his unit and addressed the board his reason for this site plan application is that he currently has a studio and would like to add two bedrooms which would create additional space for his family to visit.

 

Building Inspector Charles Schaub referred to Mr. Roth’s comment regarding the language written in the recorded 1995 map which reads approval from the majority of lot owners of this subdivision and the Village Board.  He referred to Village Attorney to interpret the language and questioned if Mr. Griffin’s lot should be considered as one lot or should it include new owners within the lot.

 

Village Attorney Walter Sevastian referred to the building inspectors question and commented he would need additional time to research and review   

 

Phil Griffin commented he thinks it’s unfair to not allow an owner to vote 

 

Mayor Sanders commented the question becomes what is considered majority according to the 1995 map which established the subdivision included 8 lots and now one lot that is co-owned. 

 

 

Trustee Silverberg moved to close the public hearing, except to allow written submissions to the voting issue to be sent to the Village Attorney’s Office or the Clerk’s Office by 4:00p.m. on March 12, 2014 and for the Village Attorney to submit his findings at the next Village Board meeting on March 18, 2014.  Trustee Blomquist seconded the motion which carried by vote 4-0 

 

Mayor Sanders tabled this item to the Village Board Meeting on March 18th, 2014

 

 

Public Hearing (7:40) Claudia Kempton Site Plan application for the renovation/addition/alteration of a single family residence

 

Mayor Sanders commented this application will also require an opinion from the Village Attorney.

 

Claudia Kempton expressed concern that her vote may not be included she is a lot owner pays taxes and is responsible for her property.  She understands her request would need an opinion from the Village Attorney, however she thinks this is a technicality being used against one property owner to another and wondered if at the time this was recorded did they think about future lot owners like her. 

 

 

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Mr. Roth responded this is not a technicality; this is the way things are decided in the law.  He is willing to compromise with Mrs. Kempton- her request is not a drastic change. However he believes the layout of her deck is an encroachment of his privacy.  He does not agree that Mrs. Kempton is a lot owner, she is a property owner.

 

Tatiana Roth addressed the board she is willing to compromise with Mrs. Kempton if makes modifications to her existing deck and puts up a privacy wall.

 

 

Trustee Silverberg moved to close the public hearing, except to allow written submissions to the voting issue to be sent to the Village Attorney’s Office or the Clerk’s Office by 4:00p.m. on March 12, 2014 and for the Village Attorney to submit his findings at the next Village Board meeting on March 18, 2014.  Trustee Blomquist seconded the motion which carried by vote 4-0 

 

 

Mayor Sanders tabled this to the Village Board Meeting on March 18th, 2014

 

Trustee Gallucci re-entered the meeting

 

Nomination of Christopher Friedman for the position of Part- Time Police Officer

 

Mayor Sanders commented he is pleased to nominate and appoint Mr. Friedman as a Part-Time Police officer at a rate of $28.00 per hour. Officer Friedman comes from the Town of Woodbury and is highly qualified and experienced.

 

Chief O’Shea reported Mr. Friedman would bring a lot of experience and training to his department.  Two areas that would be most helpful are his training as a Commercial vehicle inspector and Bicycle Officer.

 

A motion was made by Trustee Blomquist and seconded by Trustee Gallucci Jr.

Upon vote the motion carried by vote 5-0 and Mayor Sanders administered the Oath of Office.

 

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

Mr. Gazetta submitted an email stating he was unable to attend the public hearing

 

Trustee Silverberg moved to open a Public Hearing on the Special Permit Application.  The motion was seconded by Trustee Gallucci Jr. and upon vote the public hearing was opened.

 

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.  The planning board issued an Advisory Opinion that no additional parking was needed this special permit would need to be reviewed annually as determined by the building inspector.

 

Trustee Silverberg questioned the Building Inspector if he reviewed the site plan and if it meets building code

 

Trustee Gallucci Jr. questioned if this request is for limited cooking

 

Building Inspector Charles Schaub commented Mr. Gazetta submitted an application that he will have limited cooking which would include sushi he would meet standard building codes.

 

Trustee Silverberg moved to adjourn the Public Hearing to March 18, 2014 at 7:45p.m because Mr. Gazetta was not present.  Trustee DeFeciani seconded the motion which carried by vote 5-0

 

 

 

 

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Public Hearing (8:00) Special Permit Application from Laura Straus to permit the sale of food and alcohol

Trustee Silverberg moved to open a Public Hearing on the Special Permit Application.  The motion was seconded by Trustee Gallucci Jr. Defeciani and upon vote the public hearing was opened.

 

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) the only requirement is for the sale of liquor the applicant would need to renew annually.

 

Laura Straus commented she would like to bring new  clientele to her establishment and hold more events while providing the option to sell alcohol.  She would also provide or sell light snacks.

 

There was no Public Comment

 

Trustee Gallucci Jr. questioned if her layout of the tables are permanent.

 

Laura Straus commented she is flexible and will be testing the layout to what works best for the event.

 

Mayor Sanders read the advisory opinion from the planning board, which they made a motion that the Village Board consider approval of the prove the special permit

 

Trustee Gallucci Jr. moved to close the public hearing.  Trustee DeFeciani seconded the motion which carried by vote 5-0

 

RESOLUTION OF THE VILLAGE OF PIERMONT BOARD OF TRUSTEES

SPECIAL PERMIT REQUEST – 10 Roundhouse Road– 75.55-1-1.10 (the “premises”)

WHEREAS, Laura Straus (the “Applicant”) has, at the direction of the Piermont Building Inspector, filed an application for a Special Permit under Village Code Section 210-67.4, seeking approval from the Village Board to serve alcohol and snacks in her existing Art Gallery (a copy of the Applicant’s narrative submitted in support of the application is attached hereto and made a part hereof).

WHEREAS, The premises are located in the RD-West Zoning District;

WHEREAS, the Special Permit Application, as required under Village Code 210-67.4, was referred for comment to the Planning Board;

WHEREAS, recommendations for approval of the application submitted back from the Planning Board is attached hereto and made a part hereof;

WHEREAS, the Board of Trustees held a public hearing on the application at its regularly scheduled meeting held on March 4, 2014;

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

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

 

 

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

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

BE IT FURTHER RESOLVED, that the application for a Special Permit to permit the sale and service of alcohol and snacks at the Applicant’s existing Art Gallery in APPROVED, with the following conditions:

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

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

c.  The Applicant shall comply with all local and state laws (including but not limited to the New York State Alcohol Beverage Control Law) regarding the service and sale of alcoholic beverages.

This resolution was moved by Trustee Silverberg as amended and seconded by Trustee Mark Blomquist upon 

 

Request from the Piermont Fire Department to use the Art Rittenberg Field

 

Sam Kropp a member of the Piermont Fire Department requested to use the Art Rittenberg Field either Wednesday or Friday for 6 scheduled games April thru July for the Volunteer Fire Departments softball league. 

 

Trustee Blomquist commented the Fire Department belonged to a league several years ago and would like to continue.

 

Trustee Silverberg moved to allow the Piermont Fire Department to use the Art Rittenberg Field for 6 scheduled games.  Trustee DeFeciani seconded the motion which carried by vote 5-0

 

Schedule a Public Hearing Amending Chapter 1 of Village code as it pertains to the fine schedule of convictions for the municipal code violations local law #2 of 2014

 

Trustee Silverberg DeFeciani made a motion to schedule a Public Hearing on Amending Chapter 1 of Village code as it pertains to the Fine Schedule of Convictions for the municipal code violations local law #2 of 2014 on April 1, 2014 at 7:40pm.  Trustee DeFeciani seconded the motion which carried by vote 5-0

 

Review 2014 Proposal from Lamb & Barnosky, LLP

 

Mayor Sanders contacted Lamb & Barnosky LLP to discuss their proposal. Mr. Zuckerman relayed to the Mayor that he appreciates the relationship he has with the Village and would like the board to consider an increase he is flexible as to when the increase may go into effect, however at this time he has withdrawn his request.

 

Trustee Silverberg suggested reviewing a possible increase for next fiscal budget. .

 

Mayor Sanders suggested discussing their proposal during the Clerks budget Workshop.

 

Approval of Warrant

Trustee Blomquist moved to approve the Warrants in the amount of $ 89,383.75 attached to the Minutes.  Trustee Gallucci Jr. seconded the motion, which was carried by a vote of 5-0.

 

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Old/New Business

 

 

Trustee Silverberg reported the Historical Society will hold another Meeting on March 11, 2014 to discuss planning and implement programs at the Train Station.  He also reported the Scenic Task Force Committee will hold a meeting on March 6, 2014 with the intention to soon reach out to the public for input.  

 

The board reviewed the Grievance Determinations by the Assessor/Consultant for 2014 These included 18 Grievances and 19 Grievances on storm-damaged properties

 

 

Trustee Silverberg abstained from any grievances located in Harbor Cove, and had no objections to the other recommendations.

 

 

Trustee Gallucci Jr. asked for clarification regarding one of the grievances. 

 

Village Attorney Walter Sevastian explained the details of the recommendation.

 

Trustee Gallucci Jr. moved to approve authorizing the Mayor to sign the Grievance Determinations.  Trustee Blomquist seconded the motion which carried by vote 4-0.

Trustee Silverberg abstained.

 

Executive Session

 

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

 

At 9:55 pm, Trustee Silverberg recused himself from the discussion on Tax Grievance Settlement and left the meeting

 

Trustee Blomquist 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 10:00pm. Trustee Blomquist seconded the motion, which was carried by a vote of 5-0.

 

                                                                                               

                                                                                                           

Respectfully submitted,

Stephanie Tassello

Clerk-Treasurer