Board of Trustees
Village of Baxter Estates
315 Main Street, Port Washington, New York
July 2, 2013
7:30 PM 


Present         Mayor Frederick E. Nicholson
                      Trustee Charles Comer
                      Trustee Douglas Baldwin
                       Trustee Alice M. Peckelis
                       Trustee Nora Haagenson
                       Village Attorney  Christopher Prior
                       Village Clerk Yvonne Whitcomb
                       Treasurer Laurence Tuck      

Also present:  Peter Dejana, David Wasserman, David Mammina,  Jim Russo, Lisa Finkbeiner, John Finkbeiner, Chris Ficalora, Taylor Neville, Jim Neville, Stuart Rosen, Susan DeScoria, Edward Descoria, Tim Christ, Erica Aitken, Thomas Aitken, Donald Alberto, Joe Peckelis  and Peter Faccibene.

Regular Meeting 7:30PM


Meeting opened with the Pledge of Allegiance led by Trustee Comer.


  1. Old Business


A.     Harbor Road Properties, LLC – Condominium Project at 25 Shore Road


David Mammina, an architect, and David Wasserman, a consultant, made a second presentation to the Board for a 26-unit condominium project at the former NatWest Bank building, which is partially zoned commercial and residential.


Planning Board 8:00PM


Architect Donald Alberto addressed the Board on behalf of Peter Faccibene, owner of the property at 4 Greenhays, to request an amendment to the previous decision made by the Planning Board on July 10, 2012.  Neighbors Edward and Susan DeScoria of Greenhays, and Jim and Taylor Neville and Tim Christ of North Washington Street voiced their approval.


On motion of Trustee Baldwin, seconded by Trustee Comer it was unanimously RESOLVED to amend the decision to change the paving of the driveway and unimproved roadway on Greenhays to be gravel instead of hard surface.






               Application of Peter Faccibene, Owner, 7A Locust Ave., to Amend Planning Board Decision originally adopted September 8, 2011, Approving Subdivision/Partitioning of 7A Locust Avenue from One into Two Residential Lots, and subsequently amended by Resolution adopted August ____, 2012.



                        WHEREAS, there previously came before the Board of Trustees of the Village of Baxter Estates, sitting in its capacity as Planning Board of the Village (the “Board”) the application of The Pickow Family Trust (the “Original Applicant”), owner of premises in a Residence A zoning district, known as 7-A Locust Avenue, Port Washington, New York, also known as Section 5, Block 10, Lots 212 and 225 on the Nassau County Land and Tax Map (the “Subject Premises”), for the partitioning of the Subject Premises into two separate buildable lots, defined by Tax Lots 212 and 225; and


                        WHEREAS, the Board, in its decision adopted September 8, 2011 (the “2011 Planning Board Decision”) granted the partitioning approval, conditioned upon, among other things, the granting by the Village Board of Appeals (the “BZA”), of the Original Applicant’s related application for variances required in connection with the Subdivision;


                        WHEREAS, the BZA granted the variances requested, by resolution adopted September 28, 2011 (the “2011 BZA Decision”), so that in conjunction with the 2011 Planning Board Decision, the Subject Premises were authorized to be divided so that Lot 212 and Lot 225 were re-established as separate zoning lots, each developable with a single family home and accessory structures; and


                        WHEREAS, the Board and the BZA, in their separate decisions, conditioned their respective approvals upon, among other things, ingress and egress with respect to Lot 225, which contains the existing home, being restricted solely and exclusively to Locust Avenue, along the “Pot Handle” driveway that now services Lot 225 (the “Lot 225 Access Condition”); and


                        WHEREAS, there subsequently came before the Board the application of Peter Faccibene, then-contract vendee from the Pickow Family Trust (identified above as the Original Applicant) with respect to the Subject Premises, seeking to amend the 2011 Planning Board Decision in order to eliminate the Lot 225 Access Condition and to obtain permission from the Board of Trustees to improve a portion of the Village property known as Green Hays, that presently is an unpaved “paper street”, and to create a curb cut to enable ingress and egress from such portion of Green Hays to Lot 225; and


                        WHEREAS, the Board, in its decision adopted August ___, 2012 (the “2012 Planning Board Decision”), granted the Faccibene 2012 application to amend, with certain conditions, one condition being that the Green Hays Extension, as defined therein, and the driveway from the Green Hays Extension onto the Subject Premises, be constructed in accordance with Plans dated April 27, 2012, prepared by Donald Alberto R.A., as defined therein, which plans called for an asphalt surface; and


                        WHEREAS, Mr. Faccibene now requests that the Board amend its 2012 Planning Board decision in order to permit the surface of the driveway and the surface of the Green Hays Extension to be modified, from an asphalt paved surface to one of pea gravel, six inches over a compacted base, with a five foot long section of the Green Hays Extension, starting where the easterly end of the paved surface of Green Hays now exists, with Belgian block, into which shall be incorporated a drainage grate; and


                        WHEREAS, counsel to the Board advised the Board that the nature of the proposed amendment to the 2012 Planning Board decision does not require a public hearing, and can be determined by the Board by simple amendatory resolution; and


                        WHEREAS, the Board received a presentation from Mr. Faccibene and Mr. Alberto, his architect, at the Board’s July 2, 2013 monthly Board meeting, at which neighbors James Neville and Mr. and Mrs. DeSciora were present and expressed their support for the proposed application; and


                        WHEREAS, Mr. Alberto explained that the substitution of the surface of the Green Hays Extension and driveway will enhance and control drainage, as the surface now proposed is permeable, whereas the petroleum-based asphalt surface previously proposed and approved is not; and


                        WHEREAS, the members of the Board expressed concern as to the maintenance of the proposed substitute surface; and


                        WHEREAS, counsel to the Planning Board noted that the prior decision required that the Green Hays Extension, although an improvement in a public street, would be the responsibility of Mr. Faccibene and his successors as owners of the Subject Premises, and that the condition of maintenance and repair is contained not only as a condition in the 2012 Planning Board Decision, but is also a provision contained in an instrument of covenants and restrictions recorded against the Subject Premises; and


                        WHEREAS, counsel noted that the existing conditions requiring the owner and his successors to be responsible for repair and maintenance can continue, and will continue, unless the Board now determines to alter that obligation; and


                        WHEREAS, the Planning Board notes that the conditions contained in the existing condition and the related covenants and restrictions for maintenance and repair should be continued, to encompass the new pea gravel surface proposed for approval; and


                        WHEREAS, the proposed amendment to the 2012 Planning Board decision, to the extent it constitutes an “action” for purposes of the New York State Environmental Quality Review Act, would constitute a Type II action, requiring no further action by this Board under SEQRA;


                        NOW, THEREFORE, based upon the foregoing, this Board hereby ratifies and approves the 2012 Planning Board decision in all respects, except that the “Plans,” as defined therein, shall be deemed amended to refer to the plans entitled “Faccibene Residence, Green Hays, Baxter Estates, NY 11050,” including the drawing entitled “Site Plan,” dated July 10, 2012, with a most recent revision date of May 14, 2013, in order to revise the provisions thereof relating to the driveway, signed and sealed by Donald Alberto, registered architect, New York State Architect License No. 017812-1; except with respect to the amendment expressly identified herein, the 2012 Planning Board Decision, and the Covenants and Restrictions contemplated thereunder, remain in full force and effect, binding upon the owner of the Subject Premises, and all successors and assigns thereof, including, without limitation, the obligation to maintain the Authorized Green Hays improvements in good repair, “to the reasonable satisfaction of the Village at all times, including, without limitation, snow and leaf removal, repair of potholes and the like.”




Regular Meeting 8:30PM


  1. New Business


A.      Aitken-9 Harborview Rd tree removal request


Ted Aitken requested that he be permitted to remove a Spruce tree in the front yard of his house.


On motion of Trustee Baldwin, seconded by Trustee Haagenson it was RESOLVED that Mr. Aitken be granted permission to remove 1 Spruce  tree in the front yard.


Mayor Nicholson        Aye        Trustee Haagenson      Aye

Trustee Baldwin         Aye        Trustee Comer             Nay

Trustee Peckelis          Aye

B.      Russo-52 Locust Ave


Mr. Russo addressed the Board regarding his Appearance Ticket for illegal removal of trees on his property. 


C.      315 Main Street Parking Lot Renovation


On motion of Trustee Baldwin, seconded by Trustee Comer, it was unanimously RESOLVED to improve the rear parking lot for an amount not to exceed $11, 700.00.  The Clerk will solicit bids and the job will be awarded to the lowest responsible bidder.


D.      315 Main Street Bond Resolution


On motion of Trustee Haagenson, seconded by Trustee Baldwin, it was unanimously RESOLVED to approve and go forward  with a Bond in the amount of $420,000.00.


E.       Interim Building Inspector-Code Enforcer

On motion of Trustee Baldwin, seconded by Trustee Comer, it was RESOLVED to hire Robert Barback as an interim, part-time Building Inspector and Code Enforcer at $87.20 an hour, not to exceed 30 hours a month. 

Mayor Nicholson     -  Abstain             Trustee Baldwin  --  Aye
Trustee Haagenson – Aye                   Trustee Comer   --  Aye
Trustee Peckelis     -- Aye


F.       Bill No. 2 of 2013


Village Attorney Christopher Prior advised the Board that he had prepared the form of a bill to regulate Dealers in Second-hand Merchandise, an issue previously considered by the Board at the recommendation of the Port Washington Police Department. 


Mayor Nicholson noted that the Port Washington Police Department had requested that the Village consider such a law several years ago, in order to assist the police in pre-venting the sale of stolen items through apparently reputable venues.  The Village is now aware of vendors in the Village selling or seeking to sell second-hand merchandise, which has renewed the concerns of the Port Washington Police Department, which has so advised the Village.  At the Board’s June 2013 meeting, the Board directed counsel to prepare a bill, modeled on the analogous local law presently in effect in the Town of North Hempstead.  Mr. Prior observed that the bill presented to the Board is consistent with the Town of North Hempstead local law, as enacted. 


Mr. Prior noted that the short environmental assessment form that he prepared for the proposed form of the bill reflects that there would be no adverse environmental impact should the bill be enacted into law by the Board of Trustees.


Mayor Nicholson then introduced the proposed bill, which the Village Clerk stated would be designated Bill No. 2 of 2013.


After discussion, upon motion duly made by Trustee Baldwin and seconded by Trustee Comer, the Board unanimously adopted the following:


WHEREAS, the Board of Trustees has considered Bill No. 2 of 2013 addressing Dealers in Second-hand Merchandise, as prepared by the Village Attorney, along with the short environmental assessment form prepared by the Village Attorney with respect thereto;  and


WHEREAS, the Board has determined that consideration of such bill is an unlisted action for purposes of the New York State Environmental Quality Review Act, and that this Board is the only interested or involved governmental agency with respect to such consideration; and


WHEREAS, the Board has determined that, should the bill be introduced and ultimately enacted into law, it will have no adverse impact upon the environment,


                        NOW, THEREFORE, it is hereby


                        RESOLVED, that:

(a)  this Board be, and it hereby is, declared to be lead agency with respect to the consideration of the proposed bill;

(b)  this Board makes a negative declaration with respect to the proposed bill under the New York State Environmental Quality Review Act; and

(c)  a public hearing to consider Bill No. 2 of 2013 shall be held by the Board at 7:30 p.m., on August 1, 2013, at the Village Hall, to be duly noticed by publication and posting.


G.      Uniform Notice of Claim Act



Upon motion made by Trustee Comer, and seconded by Trustee Baldwin, the Board unanimously RESOLVED as follows:


The Village hereby designates the New York Secretary of State

            as the agent for services of notices of claim against the Village;


The Village Clerk is hereby designated as the village officer to which the Secretary of State will forward any notices of claim, to the following address:


Attention: Village Clerk

Village Hall

315 Main Street

Port Washington, New York 11050; and


The applicable time limit for the filing of a notice of claim against the Village shall be the time limit set forth in New York State General Municipal Law § 50-e for the filing of a notice of claim which shall be within 90 days after the claim arises


H.      Claim Payments in advance of Audit


On motion of Trustee Baldwin, seconded by Trustee Haagenson, it was unanimously RESOLVED that pursuant to Village Law Section 5-524(6),  this Board authorizes certain payments in advance of its audit of claims, in order to provide for the smooth, continuous and proper operation of the Village’s affairs.  The Treasurer is hereby authorized to make payment in advance of audit of claims for electric, gas, water, sewer, telephone services, cable, freight and express charges.  All such claims shall be presented at the next regular meeting for audit, and the claimant and the office incurring or approving the same shall be jointly and severally liable for any amount disallowed by this Board.


I.         Village Banking-authorization to sign checks.


On motion of trustee Baldwin, seconded by Trustee Comer, it was unanimously RESOLVED to get signature cards for Mayor, Fred Nicholson, Deputy Mayor, Charles Comer and Treasurer Larry Tuck



J.         Locust Avenue and North Washington Street Signs


On motion of Trustee Comer, seconded by Trustee Baldwin, it was unanimously RESOLVED to install a Dead End sign on Locust Ave at Library Drive, and a Children at Play sign at the entrance to North Washington Street.



  1. Village Clerk


A.      Minutes

On motion of Trustee Baldwin, seconded by Trustee Haagenson, it was unanimously RESOLVED that the reading of the minutes of the May 2, 2013 Meeting of the Board of Trustees be waived and they be and hereby are approved as presented by Clerk Whitcomb.


On motion of Trustee Baldwin, seconded by  Trustee Haagenson, it was RESOLVED that the reading of the minutes of the June 6, 2013 Meeting of the Board of Trustees be waived and they be and hereby are approved as presented by Clerk Whitcomb.


Mayor Nicholson              Aye                 Trustee Baldwin     Abstained

Trustee Comer                   Aye                 Trustee Peckelis     Abstained

Trustee Haagenson            Aye



3.   Treasurer


A.   Abstract of Vouchers


On motion of Trustee Comer, seconded by Trustee Baldwin, it was unanimously RESOLVED that the Abstract of Audited Vouchers, dated July 2, 2013, for the General Fund, totaling $133,144.72  be and hereby is approved as prepared by Treasurer Tuck.


B.      Claims


On motion of Trustee Baldwin, seconded by Trustee Haagenson, it was unanimously RESOLVED to approve payment to Dominic D’Alonzo, Dom’s Tree Service totaling $17,567.85 for Leaf Removal Contract previously approved at the march 7, 2013 Board of Trustees Meeting. 


Executive Session  12:10 PM

The Board entered into Executive Session to discuss personnel matters.

At  12:35 PM, Mayor Nicholson stated that Executive Session had concluded and that no action had been taken.


There being no further business before the Board, on motion of Mayor Nicholson, seconded by Trustee Comer, it was unanimously RESOLVED that the meeting be and hereby is adjourned at 12:40AM.



                                                                            Yvonne Whitcomb, Village Clerk