VILLAGE OF PELHAM BOARD OF TRUSTEES REGULAR MEETING

TUESDAY, NOVEMBER 21, 2006, 7:30 PM

VILLAGE HALL – 195 SPARKS AVENUE, PELHAM, NY

MINUTES

1.                  Call To Order                                    

2.                  Pledge of Allegiance

3.                  Mayor’s Report                                 

4.                  Trustees’ Reports

5.                  Village Administrator’s Report

6.                  Public Comment

                                                                                                                                      Approximate

      #       Agenda Items:                                                                                   Time of Discussion

Next Regular Board Meetings are Tuesdays December 5, 2006 and December 19, 2006

All meetings start at 7:30 p.m. unless otherwise noted.

* Agenda is subject to change until the night of the meeting.

VILLAGE OF PELHAM BOARD OF TRUSTEES REGULAR MEETING MINUTES

TUESDAY, NOVEMBER 21, 2006, 7:30 PM

VILLAGE HALL – 195 SPARKS AVENUE, PELHAM, NY

Item #1 – Meeting called to order:  The meeting of the Board of Trustees was called to order by Mayor Michael J. Clain at 7:35 p.m.

The following members of the Board of Trustees were present:

Mayor Michael Clain, Trustees Greco, Homan, Hotchkiss, Merrick, Mohan and Potocki. 

Village staff in attendance:

Administrator Richard Slingerland and Administrative Aide Devron Wilson.

Item #2 – Pledge of Allegiance:

The Pledge of Allegiance was led by Mayor Michael J. Clain.

Item #3 – Mayor’s Report:

Mayor Clain reported that the fire inspection ceremony and the parade were both wonderful.  He thanked all of the organizers and volunteers who participated in making the event a success.  He also reported that Westchester County decided that they cannot participate in the Senior Housing Project.

Item #4 – Trustees Reports:

Trustees Greco and Homan had nothing to report.

Trustee Potocki suggested the following  additional permit areas for the BOE:

·        3-4 parking spots on the South side of Colonial Ave. bet. Wolfs and Stellar

·        5-7 parking spots on the South side of Colonial Ave. bet. Pelhamdale and Highbrook

·        2 parking spots on the North side of Colonial Avenue if the high school eliminates the maintenance gate.

·        Offer the parking spots on the East side of Wolfs Lane to the school to use after 9am.  Before 9am those spots are in a drop off zone.

He also informed everyone that the village cannot put a DO NOT ENTER RESIDENTS ONLY sign at the corner of Carol and Brookside Avenues.  However, the village will put (2) NO THRU TRAFFIC signs and a larger ONE WAY sign at the entrance of Brookside Avenue.

Trustee Hotchkiss reported that he was unable to get in contact with the gentleman who is suppose to be performing the village website work.  He also reported that Village Administrator Richard Slingerland and Administrative Aide Devron Wilson purged the website of all outdated material thereby making the website much more efficient. 

He further mentioned that the village should consider having a consultant meet with village representatives to discuss how the village can become more energy efficient.  If the village were to consider this, the first step would be to contact Power Authority since this is the company that supplies the village with its power.

Trustee Merrick reported that Hank White has agreed to render his design services to the village for the Wolfs Lane Park project.  He submitted a proposal to the village for review.

Trustee Mohan reported that the fire inspection, 5^th Avenue parade, and the award ceremony at the firehouse all went well.

Item #5 – Village Administrator’s Report:

Village Administrator Rich Slingerland reported that Con Edison is still doing work along Lincoln Avenue.  At their current rate of construction, it is scheduled that they will complete their construction work in Pelham within the next two to three weeks.  The entire Cedar Street Project is scheduled to be completed by the end of March, 2007. 

He also reported that the garbage and architectural services contracts are out to bid.  The village facilitated a tour of the Village Yard/DPW on Tuesday November 21, 2006 at 10am for the architectural firms that are bidding on the Architectural/Engineering Services Project.

Item #6 – Public Comment:

John Cassone of 7^th Avenue mentioned that the Pelham police did a good job at directing traffic along Lincoln Avenue while Con Edison is working on the street.

Item #7 – Public Hearing on various proposed changes to the Residential Zoning Code in the Village of Pelham:

Paul Osmolskis suggested that the village get outside counsel from a planning firm about the residential zoning code changes.  He mentioned that Section 4.-1B regarding an addition to a residential building, was not specific enough.  He also mentioned that Section 5 regarding floor area, was not defined well either.

Anna Relebrio of 201 Highbrook Avenue suggested that most of the homeowners in Pelham and the general public do not know what the policies of the code mean. (i.e. site plan and F.A.R.).  She also asked the village Board of Trustees if they researched other municipality codes before making changes.  Planning Board Chairman Gwen Tapogna responded by letting everyone know that the committee responsible for the residential zoning code changes did plenty research before arriving at the current changes.

A motion was made by Trustee Homan, with a second by Trustee Merrick to adopt Sections 1-3 of the Residential Zoning Code and replace references of Building Committee with Building Inspector.  The motion passed unanimously by vote of seven in favor, none opposed.

PUBLIC HEARING ON A PROPOSED

AMENDMENT TO THE VILLAGE CODE REGARDING

THE BUILDING COMMITTEE, SITE PLAN AND ZONING CODE

TO BE HELD ON NOVEMBER 21, 2006

RESOLVED, that the Board of Trustees of the Village of Pelham hereby schedule a public hearing to be held at 7:30 p.m. on November 21, 2006 in Village Hall at 195 Sparks Avenue, Pelham, NY, on a draft proposed Local Law that would amend the Code of the Village of Pelham, to accomplish the following:

A local law that amends various sections of the Code including Chapters 34, 75, 77, 79 – the Site Plan Code, replacing references to Building Committee with Building Inspector, and various sections of Chapter 79 regarding limits of construction requiring a site plan, enlargement of a building, amendment of an approved site plan, notification, and sections of the Zoning Code, Chapter 98, applicable to residential uses and zones, including permitted uses, swimming pools, home professional offices, required parking spaces, non-conforming uses, curb-cuts and Floor Area Ratios.

A copy of the Local Law is on file in the offices of the Village Clerk and may be viewed during normal business hours of 8 a.m. to 5 p.m., or an electronic copy may be obtained from the opening page of the Village’s website www.pelhamgov.com. 

By Order of the Mayor and Board of Trustees

Terri Rouke, Village Clerk

 SEQ CHAPTER \h \r 1LOCAL LAW NUMBER     OF 2006

 SEQ CHAPTER \h \r 1

A local law that amends various sections of the Code including Chapters 34, 75, 77, 79 – the Site Plan Code, replacing references to Building Committee with Building Inspector, and various sections of Chapter 79 regarding limits of construction requiring a site plan, enlargement of a building, amendment of an approved site plan, notification, and sections of the Zoning Code, Chapter 98, applicable to residential uses and zones, including permitted uses, swimming pools, home professional offices, required parking spaces, non-conforming uses, curb-cuts and Floor Area Ratios.

            Be enacted by the Board of Trustees of the Village of Pelham as follows:

SECTION 1.

            The following changes are made in Chapter 34 Building Construction of the Code of the Village of Pelham:

            1)         Section 34-4 is repealed and the following new Section 34-4 is enacted:

                        § 34-4.  Appointment of Building Inspector.

                        A Building Inspector shall be appointed by the Board of Trustees of the                                   Village of Pelham.    

2)                  The title of Section 34-5 is repealed and the following new title of Section 34-5 is enacted: 

            § 34-5.  Duties of Building Inspector. 

            3)         Section 34-5A is repealed and the following new Section 34-5A is enacted:

                        A.         The Building Inspector shall enforce all applicable laws relating to the                                             construction, alteration, repair, removal, demolition, equipment use                                                 and occupancy, location and maintenance of buildings and structures,                                      except as may be otherwise provided for and shall have all the                                                  authorization and powers provided in § 383 of the Executive Law of                                                 the State of New York.  Electrical inspections, however, shall be                                          provided by an approved electrical inspection agency in                                                            cooperation with and at the request of the Building Inspector.

4)            Section 34-6 is repealed and the following new Section 34-6 is enacted:

                        § 34-6.  Right of entry.

                        In the discharge his duties, the Building Inspector shall have authority to enter                    any building, structure or premises at any reasonable hour.

            5)         Section 34-7 is repealed and the following new Section 34-7 is enacted:

                        § 34-7.  Records.

                        The Building Inspector shall keep careful and comprehensive records of                            applications, of permits issued or certificates issued and of notices or orders                                 issued. The Building Inspector shall retain on file copies of all papers in                          connection with building work so long as any part of the building or structure                            to which they relate may be in existence. 

6)         Section 34-8 is repealed and the following new Section 34-8 is adopted:

                        § 34-8.  Cooperation of other officials.

                        In the discharge his duties the Building Inspector may request and shall                             receive so far as may be necessary, the assistance and cooperation of the                             Chief of Police in enforcing orders and of other village officials.

            7)         Section 34-10 is repealed and the following new Section 34-10 is adopted:

                        § 34-10.  Application.

                        Application for a permit shall be made in writing on forms supplied by the                           Building Inspector.  Such application shall be made by the owner or lessee or                                  agent of either or the architect, engineer or builder employed in connection                                   with the proposed work.  The application shall contain the address of the                                  owner or authorized agent. If such application is made by a person other than                    the owner in fee, it shall be accompanied by a duly verified affidavit of the                           owner in fee or of the person making the application.  The affidavit will state                                  that the proposed work is authorized by the owner in fee and that the person                                   making the application is authorized to make such application. 

            8)         The introductory lines of Section 34-11 preceding Subsections A-C is                                             repealed and the following new lines are enacted:

                        The application shall briefly describe the proposed work, shall give such                             information as may be necessary for an intelligent understanding of the                                     proposed work and as part thereof, there shall be filed with the Building                          Inspector the following: 

            9)         Section 34-14 is repealed and the following new Section 34-14 is adopted:

                        § 34-14.  Affidavit required.

                        Whenever the plans accompanying an application are for a structure which, in                  the opinion of the Building Inspector, is of complex design, the Building                                     Inspector shall require the applicant to file an affidavit signed by an architect                             or engineer licensed by the State of New York and certifying that the plans                            and specifications comply with the provisions of this chapter in effect on the                          date of the application. 

            10)       Section 34-17 is repealed and the following new Section 34-17 is adopted:

                        § 34-17.  Action on application.

                        It shall be the duty of the Building Inspector to examine and pass upon                                applications for permits within a reasonable time after filing. 

            11)       Section 34-18B is repealed and the following new Section 34-18B is adopted:

                        B.         Every approval of plans, every certification or endorsement of a                                          variation or modification of a statutory provision and every duly issued                                            order by a properly constituted state authority shall be presumptive                                          evidence of the validity of such approval, certification, endorsement or                                              order and, insofar as the jurisdiction of such authority extends, shall be                              binding on the Building Inspector, and a permit shall be issued in                                         accordance therewith.   

            12)       Section 34-19 is repealed and the following new Section 34-19 is adopted:

                        § 34-19.  Compliance with fire prevention regulations required.

                        Each permit for the construction or alteration of a multiple-family dwelling,                               commercial or office building or structure must comply with the provisions                               of applicable village, county and state fire prevention laws and regulations,                     including but not limited to the New York State Uniform Fire Prevention                             and Building Code.

            13)      Section 34-20 is repealed and the following new Section 34-20 is adopted:

                        § 34-20.  Approval in part.

                        Pending the approval of an application for a permit, the Building Inspector                           may issue a temporary permit for any portion of the work, provided that that                             portion of the work conforms to the requirements of this chapter. 

            14)       Section 34-25 is repealed and the following new Section 34-25 is adopted:

                        § 34-25.  Disapproved plans to be retained.

                        The Building Inspector shall retain on file plans or sketches which have been                                 disapproved. 

            15)       Section 34-26E is repealed and the following new Section 34-26E is adopted:

E.                 The Building Inspector shall have the right to reject an application if prevailing distances and conditions are a danger to village streets, trees or public safety.

            16)       Section 34-27 is repealed and the following new Section 34-27 is adopted:

                        § 34-27.  Signs.

                        Applications for sign permits shall comply with Chapter 77 Signs,                                       Awning, Canopies, Marquees and Barber Poles.

            17)       Section 34-42 is repealed and the following new Section 34-42 is enacted:

                        § 34-42.  Contents of certificate.

                        The certificate of occupancy shall be in such form as the State Building                             Council shall prescribe. In the absence of such prescription, the certificate of                                  occupancy shall certify that such building conforms to the requirements of the                     building regulations of the New York State Uniform Fire Prevention and Building                         Code applicable to it and shall state the compliance with approved plans and                            specifications, the purpose for which the building may be used in its several                                     parts, the maximum permissible live loads on the several floors, the number                                  of persons that may be accommodated in the several stories in case such                                    numbers are limited by any provisions of this chapter or any other statute and                       other special stipulations of the permit, if any. The Building Inspector shall                             establish rules and regulations requiring written applications and such other                            requirements for the issuance of the certificate of occupancy as he may deem                   necessary. A   certificate of occupancy may be temporary or for a term or                          permanent, but subject to cancellation for cause. 

            18)      Section 34-45 is repealed and the following new Section 34-45 is enacted:

                        § 34-45.  Compliance with fire prevention regulations required.

                        No certificate of occupancy for multiple-family dwelling, commercial or                                     office building shall be issued until the owner or his duly authorized agent                                files with the Building Inspector certifications stating that the work                                                 complies with the provisions of applicable village, county and state fire                               prevention laws and regulations. If such work deviates from original plans                           submitted, resubmission of plans and approval must be secured from the                               Building Inspector.

19)        Section 34-53 is repealed and the following new Section 34-53 is adopted:

                        § 34-53.  Watchman.

                        When deemed necessary by the Building Inspector, a competent watchman                                 shall be kept on duty at all times while work of construction, alteration or                             repair is not actually going on.

            20)       Section 34-54B is repealed and the following new Section 34-54B is enacted:

                        B.         Outside building. Materials and equipment shall not be stored in a                                       street except by special permit issued by the Building Inspector. When                               deemed necessary by the Building Inspector, materials stored outside                                              of the building may be required to be secured and covered.   

21)       Section 34-56 is repealed and the following new Section 34-56 is adopted:

                        § 34-56.  Warning lights.

                        All pits, excavations, fences, barriers, builder's equipment, building materials                                 or rubbish in or upon a street shall have placed upon or by them, after dark,                           illuminated lamps with red globes or appropriate fire torches, as may be                                    necessary for the protection of the public, in such manner as approved by the                   Building Inspector.

22)       Section 34-60 is repealed and the following new Section 34-60 is adopted:

                        § 34-60.  Permit required.

                        Every person, firm or corporation, before doing any electrical work in the                            Village of Pelham, shall file with the Building Inspector, on blanks furnished                            for that purpose, an application for a permit. This written filing shall be                                        supplemented by any description or plans or diagrams that the Building                                  Inspector deems necessary. (See Article XII of this chapter for fee.)   

23)       Section 34-67 is repealed and the following new Section 34-67 is adopted:

                        § 34-67.  Permit required.

                        Every person, firm or corporation, before doing any plumbing work in the                            Village of Pelham, shall file with the Building Inspector, on blanks furnished                            for that purpose, an application for a permit, including such information and                                description of work and diagrams as the Building Inspector deems necessary.              (See Article XII of this chapter for fee.) 

24)       Section 34-68 is repealed and the following new Section 34-68 is adopted:

                        § 34-68.  Approval of specifications, plans and drawings required.

                        Where the building plans and specifications do not contain sufficient details,                                  the Building Inspector may require the plumber to file a drawing on tracing                                cloth or a print of the system of plumbing showing the location of the various                                fixtures, lines, valves and other items required by the code. This must be                            approved by the Building Inspector before work is commenced. 

            25)       Section 34-71 is repealed and the following new Section 34-71 is adopted:

                        § 34-71.  Work to conform to approved plans.

                        It shall not be lawful to do plumbing and drainage work except pursuant to                          approved drawings and descriptions or approved amendments thereof where                                    same are required by the Building Inspector.     

26)        Section 34-72 is repealed and the following new Section 34-71 is adopted:

                        § 34-72.  Acting for unlicensed plumber prohibited.

                        No registered and licensed plumber shall sign the specifications, drawings or                                plans and act as an agent for a plumber who is not duly registered and                               licensed.

27)        Section 34-74 is repealed and the following new Section 34-74 is adopted:

                        § 34-74.  Repairs or alterations required for occupancy.

                        Repairs or alterations of plumbing systems required for occupancy or that                                     cause structural changes in the building shall require approval of plans and                                    application by the Building Inspector before work is commenced. 

28)        Section 34-75 is repealed and the following new Section 34-75 is adopted:

                        § 34-75.  Notice to Building Inspector required.

                        Notice of any repairs or alterations of plumbing systems shall be given to the                                 Building Inspector before the same are commenced in all cases except for                                    the repair and clearance of obstructions in piping. 

29)        Section 34-78 is repealed and the following new Section 34-78 is adopted:

                        § 34-78.  Notice of commencement of work.

                        Written notice shall be given to the Building Inspector by the plumber when                                    any work is begun and from time to time when any work is ready for                                          inspection.  No part of the work shall be covered until it has been examined,                             tested and approved by the Building Inspector. 

            30)       Section 34-79 is repealed and the following new Section 34-79 is                                        enacted:

                        § 34-79.  Testing.

                        The entire plumbing system within the building shall be subjected to                                               tests as prescribed in the New York State Uniform Fire Prevention and Building                             Code. Such tests shall be performed by the plumber in the presence of the                                  Plumbing Inspector. All pipes must remain uncovered in every part until they                                    have successfully passed the test. The plumber must securely close all                                 openings as directed by the Building Inspector. The use of wooden plugs for                                this purpose is prohibited. 

            31)       Section 34-82 is repealed and the following new Section 34-82 is adopted:

                        § 34-82.  Routing of pipes.

                        Such routing of pipes must be approved by the Building Inspector, and if the                                  village sidewalk, curb or drain are involved, such work must satisfy provisions                   of the village ordinance governing street openings.

SECTION 2.

            The following changes are made in Chapter 75 Sidewalk Cafes of the Code of the Village of Pelham:

            1)         Section 75-3E is repealed and the following new Section 75-3E is                                           enacted:

                        The specific location of tables, chairs and any other structures                                      related to the sidewalk cafe shall be approved by the Building                                            Inspector. The Inspector shall have authority to determine that                                          tables, chairs or other structures associated with the sidewalk cafe shall                            not be placed in certain locations, notwithstanding that other                                            locational criteria set forth in this chapter may be satisfied.

            2)         Section 75-4A is repealed and the following new Section 75-4A is                                           adopted:

                        All furniture shall be of metal or wood construction and shall be                                      white or of a dark color, shall be uniform and shall be reviewed by                                       the Architectural Review Board prior to approval by the Building                                          Inspector. In the event that the Building Inspector does not adopt                                              the recommendation of the Architectural Review Board, the matter                                                 shall be brought before the Village Board of Trustees for a final                                                 decision.

            3)         Section 75-4D is repealed and the following new Section 75-4D is                                          adopted:        

                        Furnishings or structures shall not be attached, temporarily or                                        permanently, to the sidewalk or any other public property, provided                                          that railings may be secured by means of flush-mounted anchors in                                     a manner approved by the Building Inspector. The permittee shall                                                be responsible for any sidewalk damage incurred. 

            4)         Section 75-6B is repealed and the following new Section 75-6B is                                           adopted:

                        An annual permit, secured from the Building Inspector, shall be                                                       required for all sidewalk cafe operations. The Board of Trustees shall,                                            by general resolution, establish the permit fee for sidewalk cafes. In                                          the event that the Building Inspector shall deny any application for a                                           sidewalk cafe, it shall provide the applicant with the reasons for the                                          denial in writing. An applicant may appeal such denial to the Village                                                 Board of Trustees, which shall have the power to affirm, reverse or                                                modify the decision of the Building Inspector. Any such appeal must                                               be taken within 30 days of the date of the Building Inspector denial. All                                     decisions of Board of Trustees shall be final. 

5)            Section 75-6E is repealed and the following Section 75-6E is adopted:

                        A letter of application for a permit to operate a sidewalk cafe shall be                                              submitted to the Building Inspector and shall include, at a minimum,                                               the following information: 

                                    (1)        The name, address and title of the applicant. 

                                    (2)        The name and address of the property owner, if different from                                                         the applicant. 

                                    (3)        Consent of the owner of the property to submit the application,                                                        in the event that the applicant is not the owner. 

                                    (4)        An agreement to indemnify, defend and save harmless the                                                  village, its Board of Trustees, officers, employees and agents                                                         from and against any claim, loss, liability or damage, including                                                            reasonable attorneys' fees, resulting from bodily injury,                                                                    including death and property damage, sustained by any person                                             as a result of a permittee's operation of a sidewalk cafe on                                                 public property. 

                                    (5)        A certificate of insurance, acceptable to the village, stating that                                                        an applicant for a permit has, in full force and effect, public                                                  liability and property damage insurance. The certificate shall                                                      name the village, its Board of Trustees, officers, employees                                                            and agents as additional insureds. The certificate of insurance                                                           shall state that such insurance shall not be canceled or revoked                                               prior to 30 days' written notice to the village. 

                                    (6)        A drawing or rendering of the placement of tables, chairs,                                                    barriers, planters and any other structures or furnishings which                                                       will form a part of the sidewalk cafe.   

SECTION 3.

            The following changes are made in Chapter 77 Signs, Awnings, Canopies, Marquees and Barber Poles:

            1)         Section 77-3A is repealed and the following new Section 77-3A is                                           adopted:

                        No sign, awning, canopy, marquee or barber pole nor any illumination                                     thereof shall be erected, relocated or altered without a permit issued by                                  the Building Inspector unless the item falls within the exceptions set forth                           in § 77-4. 

2)         Section 77-5C(2)(h) is repealed and the following new Section 77-5C(2)(h)    is adopted:

                        Such other information that the Architectural Review Board and the                                          Building Inspector may require to show compliance with the                                                       provisions of this chapter.          

3)         Section 77-5E is repealed and the following new Section 77-5E is adopted:

                        The Architectural Review Board shall examine every application made                                           pursuant to § 77-3. Once the Architectural Review Board has                                                          concluded that the proposed item conforms to this chapter, it shall                                           approve the application and forward it to the Building Inspector. 

4)            Section 77-5F is repealed and the following new Section 77-5F is adopted:

                        After the Architectural Review Board has approved an application pursuant to                    § 77-3 and the Building Inspector has determined that a proposed structure                             meets the structural standards of all applicable codes, the Building