Board of Trustees
Village of Baxter Estates
315 Main Street, Port Washington, New York
August 1, 2013
7: 30PM 

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

Absent            Mayor Frederick E. Nicholson     

Also present:  John Maher, Nancy Comer, Jim and Donna Russo, Joseph Peckelis


Public Hearing 7:38PM

Trustee Charles  Comer, as Acting Chairman of the meeting and Public Hearing, opened the Public Hearing duly advertised in the July 2, 2013 issue of the Port Washington News, to consider Bill No 2 of 2013, a proposed local law to create Chapter 148, “Dealers in Secondhand Merchandise” of the Village Code of the Village of Baxter Estates, to regulate the sale of secondhand merchandise within the Village.

After a brief discussion, announced that the public hearing was adjourned to 7:30 PM on Wednesday, September 4th  at the Village Hall.

A stenographic copy is appended to these minutes.

Close Public Hearing 7:53PM

Open Regular Meeting 7:54PM


1.                  New Business


A.      Nancy Comer-Village Trees


Nancy Comer addressed the Board requesting that the village notify all property owners and landscaping companies of Village policy regarding trees in the Village of Baxter Estates


B.      Former Mayor John Maher


Former Mayor John Maher extended his heartfelt congratulations to the Board on the acquisition and purchase of 315 Main Street for use as the Baxter Estates Village Hall. 


C.      Russo-52 Locust Ave


Mr. Russo approached the Board requesting a waiver, pursuant to Section 102-6 of the Code of the Village, to permit processing of a building permit despite pending Justice Court proceedings relating to alleged violations of the Village Code affecting his property at 52 Locust Ave.

Mr. Russo noted that the alleged violations pertain to the removal of trees without a permit in November 2012. He contended that they  were damaged  by  Superstorm  Sandy, and that his project for which the permit is sought is designed to beautify his yard, which includes landscaping.

On motion of Trustee Comer, seconded by Trustee Peckelis, it was unanimously RESOLVED, pursuant to Village Code, Section 102-6, to authorize issuance of permits for the project proposed by Mr. Russo for the premises at 52 Locust Avenue, on the condition that he would in good faith obey the September decision of the Court of the Village of Baxter Estates.


D.      Joseph Peckelis-1 Hilltop Road


Mr. Peckelis  requested  that the Board amend his  2008 tree permit condition to renovate his swimming pool, to permit pool removal or abandonment.  He stated that the pool removal plan would not impact the existing landscape and trees.  A portion of the existing pool would remain, but be covered by earth and act as a retaining wall to prevent erosion of the existing property and likely the loss of a large Tulip tree if the wall were excavated.


Trustee Peckelis recused herself.  The Trustees present expressed no objections to the request and asked the Village Clerk to solicit input from the Village Building Inspector.  The matter was tabled for the Board of Trustee meeting on September 4, 2013 for a full Board decision.



Village Drainage Ditch Adjacent To 1 Hilltop Road:


Joseph Peckelis, the property owner at 1 Hilltop Road, advised the Board that erosion is occurring adjacent to his property from stormwater runoff on Hilltop Road. The stormwater drains into catch basins along Hilltop Road and then flows through an outfall pipe into a drainage ditch owned by the Village. The drainage ditch runs alongside his property and flows into the stream located behind his property which, in turn, empties into Baxter’s Pond and then into Manhasset Bay.  Stormwater runoff from Hilltop Road that is not captured by the catch basins flows down his driveway into his rear yard during periods of heavy rainfall. Consequently, the water table is very high.


Mr. Peckelis stated that the east side of the ditch has eroded by more than one (1) foot in the nearly eight (8) years he has lived there. While the erosion is still confined to the bank of the ditch which is part of the Village parkland, it is inching closer to his property line; it will eventually start to erode his property. The erosion is already advancing towards a utility pole which will eventually be undermined if left unchecked. Mr. Peckelis requested that the Board undertake remedial measures to abate both the erosion and runoff onto his property.


Deputy Mayor Comer suggested that the Village contact a hydraulic engineer to come up with a solution.


E.       Security Contract


Trustee Baldwin requested that Village Attorney Prior review the security contract proposed by Electronix for 315 Main Street, and recommended that it be approved, subject to review of the Village Attorney.


On motion of Trustee Baldwin, seconded by Trustee Comer, it was unanimously RESOLVED to contract with Electronix for a five-year contract, subject to review and approval of the contract form by the Village Attorney.


F.       17 Shore Road Property Maintenance


Trustee Comer noted that Village efforts to have the homeowner at 17 Shore Road maintain the property in a manner satisfying the Village Code property maintenance provisions had been unsuccessful.  The Village Clerk confirmed that the notice directing the homeowner and occupant to maintain the property had been delivered in accordance with Village Code Section 144-6, and more than ten (10) days had passed since notice was delivered, with no remedial action having been taken by the owner.


On motion of Trustee Comer, seconded by Trustee Baldwin, it was unanimously RESOLVED, pursuant to Village Code Section 144-6, that the Village expend an amount not to exceed $100.00, and retain contractor Robert Keogh to mow and clear up 17 Shore Road, and the cost thereof shall be charged back to the property owner and shall be a lien against the property.


2.                  Treasurer


A.   Abstracts of Vouchers


On motion of Trustee Baldwin, seconded by Trustee Comer, it was unanimously RESOLVED that the Abstract of Audited Vouchers, dated August 1, 2013, for the General Fund, totaling $26,187.22, be and hereby is approved as prepared by Treasurer Tuck.


On motion of Trustee Baldwin, seconded by Trustee Comer, it was unanimously RESOLVED that the Abstract of Audited Vouchers for the purchase of 315 Main Street, dated August 1, 2013, for the General Fund, totaling $842,491.00, be and hereby is approved as prepared by Treasurer Tuck.

10.45PM the Board entered into Executive Session.

At 11:00 PM, Trustee Comer stated that Executive Session had concluded and that no action had been taken.

There being no further business before the Board, on motion of Trustee Baldwin, seconded by Trustee Haagenson, it was unanimously RESOLVED that the meeting be  adjourned at 11:05PM.



                                                                                   Yvonne Whitcomb, Village Clerk