Village Board

VILLAGE OF PELHAM BOARD OF TRUSTEES

REGULAR MEETING FEBRUARY 3, 2004, 8:00 PM

PRESENT: Mayor Clain, Trustees, Mutti, Rozycki, Homan, Merrick, and Hotchkiss, Administrator Slingerland and Secretary Stiefvater

ABSENT: Trustee Cassidy

Mayor Clain began the meeting with the Pledge of Allegiance.

Authorization for the appointment of a Police Officer Candidate in the Village of Pelham Police Department

Mayor Clain stated that he would like to appointment Sean McDowell as a Police Officer with the Village of Pelham. Trustee Mutti then made the following motion, which was seconded by Trustee Rozycki and carried unanimously:

BE IT RESOLVED, that the Board of Trustees of the Village of Pelham hereby authorizes the appointment by the Mayor of Sean McDowell of Shrub Oak, NY, effective on the starting date of the Westchester Police Academy Monday, January 26, 2004, to the position of Police Officer – Recruit Grade, subject to the requirements of Civil Service, for an eighteen (18) month probationary period, and authorizes the Mayor, Village Administrator and the Police Chief to take the necessary and appropriate actions to effect his employment.

Mayor Clain then read the Oath of Office to Sean McDowell.

Trustees Report

Trustee Mutti thanked Detective Rick Deere, Sergeant Condon, Police Officers Borsella, McConnell and Sisto for their help in apprehending a person who had been committing numerous purse snatching thefts in several communities.

Trustee Rozycki reported that the Village has received a few bids for the flooding project. He and Administrator Slingerland are reviewing the bids and interviewing the companies.

Trustee Homan stated that the Street Department did an excellent job in handling the snow removal during the last storm.

Mayor Clain also commended the Street Department on the condition of the streets after the snow.

Trustee Merrick stated that he would like to call for a Public Hearing regarding the noise ordinance. Trustee Merrick then made the following motion, which was seconded by Trustee Rozycki and unanimously carried:

BE IT RESOLVED, that the Board of Trustees of the Village of Pelham hereby calls for a public hearing on the following proposed local law to be held at 8 p.m. on Tuesday, February 24, 2004, in Village Hall at 195 Sparks Avenue, Pelham, on a Local Law, the title of which is as follows:

A PROPOSED LOCAL LAW Enacting A New Chapter 68 Of The Pelham Village Code, With Regard To Regulations That Limit Noise Within The Village Of Pelham.

Trustee Hotchkiss stated that he believes the code needs to be reviewed regarding subdivisions. He stated that two-family homes are being built on the subdivisions, which is increasing the population in certain areas. Nigel Scott-Williams, Architectural Review Board, stated that these homes are not in the context of the history of the Village. They are now three and four bedroom homes where they use to be one and two bedroom homes.

Administrator’s Report

Administrator Slingerland stated that the two hour parking restriction on Seventh Avenue (south of Lincoln) needs to be codified. In addition, he has had some requests to make Seventh Avenue (north of Lincoln) two hour parking. John Cassone, Seventh Avenue, explained the situation.

Mayor Clain asked that Mr. Cassone, Administrator Slingerland and Chief Benefico determine a recommendation and report back to the board.

Public Comment\

Mr. Carmine Pappa, Wolf’s Lane, appeared before the board stating complaints against the Police Department.

Chief Benefico, voiced his complaint that the Board of Trustees continually lets Mr. Pappa bad mouth the Police Department on an issue that is over and was handled properly. It was agreed that Mr. Pappa, Administrator Slingerland and Chief Benefico would meet to discuss the issue.

LeRoy Marriott, Third Avenue, appeared before the board and commended the Street Department on the excellent job they did on the streets during the snow storm. He stated that the reason the parking problems in Pelham exist is because the merchants are continually parking in front of their stores.

Resolution approving revisions of the Approved Site Plan for Marbury Corners Residential Development submitted by Ginsburg development, L.L.C. (GDC) for property located at 1 Third Avenue, 14 First Street, 10-12 Third Avenue, 10-12 First Street, 8 Third Avenue, 1 First Street, 38 First Street and the Village Parking Lot on First Street (Block 199, Lot 3)

After explanation by Susan Newman Trustee Mutti made the following motion, which was seconded by Trustee Homan and unanimously carried:

BE IT RESOLVED, that revisions and conditions apply as follows:

1. That the site plan approval of the Marbury Corners Residential Development dated June 3, 2003 be amended to permit the following variations from the approved site plan. These variations are reflected in the plans and construction set dated November 7, 2003 and the attachment dated December 5, 2003, and must be built according to the details and approved colors and materials specified on those plans including as set forth below:

a. Redesign of entry as per attached noted from the ARB, wood panels on sides of entrance to be replaced with glass, copper standing seamed roof, wood windows color clad typical, detail reference ARB-A3.1, ARB-A3.2 ARB-4A and attachment from ARB with notes, ARB to review revised sketch;

b. Transom window added either side of entry way ARB, reference plans ARB-A3.1;

c. Wood Shutters painted, when façade is largely complete, shutters applied to one window, field inspection by ARB for approval, reference plans ARB-A3.1, ARB-A3.2, all elevations;

d. Aluminum clad sliding French Door & transom window with bronze hardware on exterior, reference, notation on 8 ½ ” by 11” cutsheet, 4-A3.3, (Typical Shed dormer detail elevation), reference cutsheet, 5-A3.3, (10 ft wide Gable Dormer Detail Elevation);

e. Decorative Spire and Tower Cap incorporated with lightning protection, reference ARB-A3.1,ARB-A3.2, ARB-A4A;

f. Revised Main Gable, sample gable trim to be installed on one bay for field inspection by ARB, changes to be made upon inspection, reference , ARB-A3.1,ARB-A3.2, cutsheet1-A3.3;

g. Revised Gable and projected overhang with decorative brackets, one bay element to be built and field inspection by ARB, changes to be made upon inspection, reference ARB-A3.1,ARB-A3.2, cutsheets, 2-A5.4,6-A3.3, 5-A3.4;

h. Revised Chimney proportions and removed clay pots, reference ARB-A3.1, ARB-A3.2, attachment 3-A3.3, typical Decorative chimney details;

i. Gable Louver changed from wood to Fypon, 24” diameter louver with screen and 4” wide trim, Fypon No. 661407/ painted, reference, ARB-A3.1, ARB-A3.2

j. Accent band increased from 12” to 14”, 14” high by 6” precast concrete accent band with 2” chamfered top edge, ARB to see sample to simulate limestone, reference, ARB-A3.1,ARB-A3.2, ARB-A4A

k. Bottom of Bay window base overhang revised to match interior floor plan, painted beadboard panel with beam underneath the bay, typical all bays, reference, ARB-A3.1,ARB-A3.2, cutsheet, 5-A3.3 ;

l. Molded simulated painted wood panels substituted for wood where prefab items match,under windows, typical all windows, reference, ARB-A3.1,ARB-A3.2, Attachment, 1-A3.3 (Typical Large Gable and Bay window detail elevation;

m. Ventilation grilles, 42” by 120” metal intake louver with decorative element sample to be provided to ARB , reference, ARB-A3.1,ARB-A3.2;

n. Revised Gable roof, add linear bracket below, reference, cutsheet, 5-A3.4;

o. Windows in stairwells re-aligned to match stairs, reference, ARB-A3.1,ARB-A3.2;

p. Fourth Floor angled terrace to reflect bay window below, copper roof eliminated, wood panels added, reference ARB-A3.1;

q. Added exterior exit fire door, at stairwell number one and stairwell number two, reference, ARB-A3.1,ARB-A3.2;

r. Fence detail regulations 6’ vinyl fence with75% open, west elevation with 42” gate, reference ARB-A3.1,ARB-A3.2, North rear elevation, west elevation;

s. Revised window locations and gables to reflect interior floor plan, reference ARB-A3.2, (North rear elevation);

t. Roof and Dormer added at stair to roof, windows in stairwell located in coordination with stair landings, reference, ARB-A3.1 ( East elevation Fourth Avenue), ARB-A3.2(North Rear elevation);

u. Request by applicant to remove stucco denied, stucco to remain, Sonowall Hardwall 2 Cement Plaster system; Reference, ARB-A3.1;

v. Reviewed mockup on site by ARB, Brick, Aberdeen Brick(darker shade) and stucco, Soft Blush (the tanner shade), reference GDC letter dated January 12, 2004;

w. Lintels in stucco, Sample in Minnow Gray to be submitted to ARB for approval;

x. Dryer vents, sample submitted and approved by ARB, painted to match stucco material, no detail shown;

2. Relocation of below grade stormwater system on Fourth Avenue is approved, including relocation of pipes in the street rather than beneath the sidewalk area to provide for future access. Proposed change reviewed and accepted by the Village Engineer (see letter attached) to change routes from the new catch basins on First Street and Fourth Avenue to connect directly into the manholes over the 48” inch culvert, reference, see attached engineer revision plan;

3. Gutters and Leaders to remain, required by State Plumbing Code, removal not approved, request to revise withdrawn by applicant;

4. Total number of units to remain the same (55 Units) unit distribution to result in fewer two-bedroom units with dens, as follows Two bedroom with Ext. Den: Three (3) units, Two Bedroom with Int. Den: Seven (7) Units, Two bedroom, Twenty- eight (28), One bedroom with Ext. Den: Seven (7) Units, One bedroom with Int. Den: Four (4) units, One Bedroom, Six (6);

5. Entry vestibule added, to allow for visitors to stand in enclosed area while using intercom system, (see above notation, 1a, for details);

6. As requested by applicant reduce the number of units in the Town House Building on corner of Third Avenue from six units to five units, including three townhomes and one triplex unit (with simplex and two duplexes).

BE IT FURTHER RESOLVED, that this application for a revised site plan by Marbury for Development containing 55 condominium apartments on the north side of First Street between Third and Fourth Avenue is subject to the procedures, regulations and requirements of the Pelham Village Code and Pelham Building Department; and

BE IT FURTHER RESOLVED, that the Mayor, Village Administrator, Building Inspector and officials of the Village of Pelham are authorized to take the necessary and appropriate actions to effect this site plan approval as revised; and

BE IT FURTHER RESOLVED, that all provisions originally enacted in the resolution of June 3, 2003 that are not specifically amended by the Site Plan Amendment application or amended by this resolution shall remain in full force and effect.

Resolution Authorizing the Contract of Exchange for Properties on First Street between the Village of Pelham and Ginsburg Development Corporation (GDC)

Trustee Merrick made the following motion, which was seconded by Trustee Homan and unanimously carried:

WHEREAS, The Village of Pelham has been in negotiations with the GDC for completion of the land-swap contemplated as part of the original site plan approval for the Marbury Corners First Street Development Project, as approved in the Site Plan Approval Resolution dated June 3, 2003, and the Site Plan amendment Resolution dated February 3, 2004; and

WHEREAS, the exchange of property gives the Village land currently known as “Lot 1” and exchanges it for the two (2) parcels of land immediately east of Lot 1 and behind 1 Wolfs Lane, as authorized by the New York State Legislature in bills S.1406 and A.2106, and such versions as amended by the NY State Assembly and NY State Senate; and

WHEREAS, the specific parcels of property included in this exchange include the property identified on the Tax Map of the Town of Pelham as Section 1, Map 34, Block 199, Lot 3 (parcel ID # 163.43-1-6) to be exchanged by the Village of Pelham to GDC for property identified on the Tax Map of the Town of Pelham as Section 1, Map 34, Block 199, Lot 5 (parcel ID # 163.44-1-9) and Lot 6 (parcel ID # 163.44-1-8); and

WHEREAS, the Village’s purpose for the exchange of land is to retain the parcels exchanges as a public permit parking lot and increase the number of spaces available, and GDC’s purpose for the exchange of land is to construct six (6) townhome units on the lot; and

WHEREAS, it is a condition of this contract of exchange that all units in the Marbury Corners Residential Development, including the four-story elevator building, and the two (2) townhome buildings, will be condominiums.

NOW, THEREFORE, BE IT RESOLVED that the Board of Trustees of the Village of Pelham authorizes the contract of exchange of land on First Street in the Village of Pelham, as specified in the Contract of Exchange in a form acceptable to the Mayor after consultation with the Village Attorney, and as governed by the Site Plan Approval resolution of June 3, 2003, as amended February 3, 2004, which shall remain in full force and effect; and

BE IT FURTHER RESOLVED, that the Board of Trustees authorizes the Mayor to execute this agreement, and to effect such additional amendments in it as may be necessary to protect the best interests of the Village of Pelham; and

BE IT FURTHER RESOLVED, that the Board of Trustees authorizes the Mayor, the Village Administrator, the Village Attorney, and Special Counsel to take the necessary and appropriate actions to effect this agreement, in coordination with the Access Easement Agreement and the Easement Agreement For Foundation Improvements, including the completion, execution and filing of title and related records and maps with the Westchester County Clerk’s Office Division of Land Records.

Part A - Resolution Authorizing the temporary construction easement for Village properties on First Street between the Village of Pelham and Ginsburg Development Corporation (GDC)

After discussion Trustee Merrick made the following motion which was seconded by Trustee Homan and unanimously carried:

Part B. Authorizing the Temporary Construction Easement for Village Properties on First Street between the Village of Pelham and Ginsburg Development Corporation (GDC)

After discussion Trustee Merrick made the following motion which was seconded by Trustee Homan and unanimously carried:

WHEREAS, The Village of Pelham has issued building permits to GDC for construction of the Marbury Corners First Street Development Project pursuant to the Site Plan approval granted by the Board of Trustees; and

WHEREAS, the Board of Trustees has authorized the Site Plan approval by resolution dated June 3, 2003, with amendments authorized by resolution dated February 3, 2004; and

WHEREAS, a twenty-foot (20’) wide temporary construction easement agreement is necessary to allow GDC to engage in such activities as may be required or convenient for, or incidental to the construction of GDC’s building, including the rights of staging and storing of construction materials, for property identified on the Tax Map of the Town of Pelham as Section 1, Map 34, Block 199, Lot 5 (parcel ID # 163.44-1-9).

NOW, THEREFORE, BE IT RESOLVED that the Board of Trustees of the Village of Pelham authorizes the Temporary Construction Easement Agreement as specified in the temporary easement document in a form acceptable to the Mayor after consultation with the Village Attorney, and as governed by the Site Plan Approval resolution of June 3, 2003, and the Site Plan Amendment resolution of February 3, 2004, which shall remain in full force and effect; and

BE IT FURTHER RESOLVED, that the Board of Trustees authorizes Mayor Michael Clain to execute this agreement, and to effect such additional amendments in it as may be necessary to protect the best interests of the Village of Pelham; and

PART C. Authorizing the Access Easement for Village Property on First Street between the Village of Pelham and Ginsburg Development Corporation (GDC)

After discussion Trustee Merrick made the following motion which was seconded by Trustee Homan and unanimously carried:

WHEREAS, the Board of Trustees has authorized the Site Plan approval by resolution dated June 3, 2003, with amendments authorized by resolution dated February 3, 2004; and

WHEREAS, the Access Easement Agreement shall provide for an easement of up to six (6) feet in width, immediately contiguous to GDC’s and Marbury Corners LLC’s property on First St., which shall be shared by Edward Parker, property owner of property known as Very Fit at the current property number of 47 First Street, Pelham, New York, for property identified on the Tax Map of the Town of Pelham as Section 1, Map 34, Block 199, Lot 5 (parcel ID # 163.44-1-9).

NOW, THEREFORE, BE IT RESOLVED that the Board of Trustees of the Village of Pelham authorizes the Access Easement Agreement on First Street in the Village of Pelham, as specified in the Access Easement Agreement in a form acceptable to the Mayor after consultation with the Village Attorney, and as governed by the Site Plan Approval resolution of June 3, 2003, which shall remain in full force and effect; and

BE IT FURTHER RESOLVED, that the Board of Trustees authorizes Mayor Michael Clain to execute this Access Easement Agreement for GDC/Marbury and the owner of 47 First Street (Parker), and to effect such additional amendments in it as may be necessary to protect the best interests of the Village of Pelham; and

BE IT FURTHER RESOLVED, that the Board of Trustees authorizes the Mayor, the Village Administrator, the Village Attorney, and Special Counsel to take the necessary and appropriate actions to effect this Access Easement Agreement, in coordination with the Contract of Exchange and the Easement Agreement For Foundation Improvements, including the completion, execution and filing of title and related records and maps with the Westchester County Clerk’s Office Division of Land Records.

PART D. Authorizing the Easement Agreement for Foundation for Village Property on First Street between the Village of Pelham and Ginsburg Development Corporation (GDC) and/or Marbury Corners,

After discussion Trustee Merrick made the following motion which was seconded by Trustee Homan and unanimously carried:

WHEREAS, The Village of Pelham has authorized the site clearing, demolition, construction, and the initiation of construction through the issuance of building permits to GDC for construction of the Marbury Corners First Street Development Project pursuant to the Site Plan approval granted by the Board of Trustees; and

WHEREAS, the Board of Trustees has authorized the Site Plan approval by resolution dated June 3, 2003, with amendments authorized by resolution dated February 3, 2004; and

WHEREAS, an Easement Agreement for the Foundations of the 55-unit Condominium Building were contemplated immediately beneath the sidewalks on Fourth Avenue, First Street and Third Avenue, and shall require an easement of up to ten (10) feet in width, immediately contiguous to GDC’s and Marbury Corners LLC’s property on First St. for the purpose of installing, maintaining and repairing the foundation, including sheet pilings and footings, and installing, operating, maintaining and repairing fresh air vents for the garage, all to serve GDC’s Marbury Corners 55-unit Condominium Building, contiguous to properties identified on the Tax Map of the Town of Pelham as Section 1, Map 26, Block 185, Lots 1 (parcel ID # 163.43-1-37); Lot 2 (parcel ID # 163.43-1-35); Lot 11 (parcel ID # 163.44-1-13); and Lot 19 (parcel ID # 163.43-1-36).

NOW, THEREFORE, BE IT RESOLVED that the Board of Trustees of the Village of Pelham authorizes an Easement Agreement for Foundation for up to a ten foot (10’) width on Fourth Avenue, First Street, and Third Avenue, in the Village of Pelham, as specified in the Easement Agreement for Foundation, and as governed by the Site Plan Approval resolution of June 3, 2003, which shall remain in full force and effect, with amendments authorized by resolution dated February 3, 2004; and

BE IT FURTHER RESOLVED, that the Board of Trustees authorizes Mayor Michael Clain to execute this Easement Agreement for Foundation for GDC/Marbury, and to effect such additional amendments in it as may be necessary to protect the best interests of the Village of Pelham; and

BE IT FURTHER RESOLVED, that the Board of Trustees authorizes the Mayor, the Village Administrator, the Village Attorney, and Special Counsel to take the necessary and appropriate actions to effect this Easement Agreement for Foundation, in coordination with the Contract of Exchange and the Access Easement and Temporary Access Easement Agreement, including the completion, execution and filing of title and related records and maps with the Westchester County Clerk’s Office Division of Land Records.

Authorizing the Easement Agreement for the First Street Wall Foundation for Village Property on First Street between the Village of Pelham and the Metro North Railroad/MTA

After a short discussion, Trustee Homan made the following motion, which was seconded by Trustee Rozycki and unanimously carried:

BE IT RESOLVED, that the Board of Trustees of the Village of Pelham hereby authorizes the encroachment agreement for the First Street Wall, installed by Metro North Railroad/MTA on the First Street Right-of-Way from Corlies Avenue to a point between Pelhamdale Avenue and Highbrook Avenue; and

BE IT FURTHER RESOLVED, that the Mayor is authorized to sign, and the Mayor, the Village Attorney and the Village Administrator are authorized to take the necessary and appropriate actions to effect and administer this encroachment agreement.

Consideration of amendments to Village Code Chapter 90, Vehicles and Traffic, with regard to A -the Request to add a Stop Sign on eastbound Pelhamwood at the Pelham Train Station and B - the request to add a portion of the north and south sides of Boulevard, west of Highbrook, to the list of areas for “No Parking/Stopping/Standing”.

Mr. Stephen Huff appeared before the Board stating that he believes a stop sign is needed on the eastbound side of Pelhamwood Avenue at the train station.

Chief Benefico questioned the legality of putting a stop sign on the left hand side of the road.

After further discussion Trustee Homan made the following motion, which was seconded by Trustee Mutti and unanimously carried:

BE IT RESOLVED, that the Board of Trustees of the Village of Pelham hereby enacts a change to the Pelham Village Code Chapter 90, Section § 90-44. Schedule V: Stop Intersections and Crosswalks.

A. Stop intersections.

Stop Sign on Direction of Travel At Intersection of

Pelhamwood East Harmon Place, at the Train Station

AND BE IT FURTHER RESOLVED, that the Village Clerk and the Village Administrator are authorized to take the necessary and appropriate actions to effect this change to the Village Code, including filing with General Code Publishers.

B. Boulevard – “No Parking/Stopping/Standing”.

BE IT RESOLVED, that the Board of Trustees of the Village of Pelham hereby enacts a change to the Pelham Village Code Chapter 90, Sections § 90-49, 50 and 51.

§ 90-49. Schedule X: No Parking Any Time.

Name of Street Side Location

Boulevard Both From Highbrook Avenue to a point

approximately 65 feet west thereof and from Highbrook Avenue to a point approximately 65 feet east thereof.

§ 90-50. Schedule XI: Standing Prohibited.

Name of Street Side Location

Boulevard Both From Highbrook Avenue to a point

approximately 65 feet west thereof and from Highbrook Avenue to a point approximately 65 feet east thereof.

§ 90-51. Schedule XII: Stopping Prohibited.

Name of Street Side Location

Boulevard Both From Highbrook Avenue to a point

approximately 65 feet west thereof and from Highbrook Avenue to a point approximately 65 feet east thereof.

Authorization for renewal of a Contract for Employee Assistance Program Ser ices (WAP) with Westchester County, through the Department of Community Mental Health

Trustee Homan made the following motion, which was seconded by Trustee Mutti and unanimously carried:

BE IT RESOLVED, that the Board of Trustees of the Village of Pelham authorizes the Mayor to execute the agreement between the Village of Pelham and Westchester County for Employee Assistance Program (EAP) Services, for seventy five (75) employees, at an annual cost of twenty five dollars ($25) per employee; and

BE IT FURTHER RESOLVED, that the Mayor, the Village Administrator and the Village Attorney are authorized to take the necessary and appropriate actions to effect this agreement.

Old/New Business

Trustee Rozycki stated that he will be meeting with Hutchinson School Principal, Mr. Delgatto, regarding the signage around Hutchinson School.

Approval of Minutes

Trustee Mutti made a motion to approve the minutes of January 6, 2003. The motion was seconded by Trustee Merrick and carried unanimously. Trustee Rozycki made a motion to approve the minutes of January 20, 2003. The motion was seconded by Trustee Homan and unanimously carried.

Executive Session

Mayor Clain asked for a motion to hold an executive session at the conclusion of this meeting to discuss settlement negotiations. Trustee Mutti made said motion, which was seconded by Trustee Rozycki and unanimously carried.

Adjournment

There being no further items for discussion Mayor Clain asked for a motion to adjourn the meeting into executive session. Said motion was made by Trustee Homan, seconded by Trustee Rozycki and unanimously carried. The meeting was adjourned at 10:15 p.m.

Respectfully submitted,

Lisa Stiefvater