Meeting Minutes

September 2, 2014



September 2, 2014


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


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


Public Comment


No Public Comment



Approval of Minutes


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


Department Reports



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


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


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


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


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


Fire Dept.

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



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


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



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


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


Building Dept.

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

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

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

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

Appointment of the Member to the Zoning Board of Appeals

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

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


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


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

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

Trustee Silverberg abstained


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

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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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

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


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


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


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


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


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


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


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


Marinas, boatyards and clubs.


Art studios, art galleries and antique shops.


Restaurants, tearooms and taverns.


Boat sales, repair and service.


Boat moorings and anchorage.


Wharfs, docks, bulkheads and pilings.


Professional and business offices.


One- and two-family detached dwellings


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


Declare Police Department 2009 Chevy Impala Surplus

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Resolution to approve Scar Settlement

Resolution N. 0902-2014

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

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

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



Review List of Items to Ban/Bond


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

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


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


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


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


Approval of Warrant

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


Old/New Business


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


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


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


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


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


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

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


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


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


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


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



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Executive Session


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


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





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


Respectfully submitted,

Stephanie Tassello