Board of Trustees
Village of Baxter Estates
315 Main Street, Port Washington, New York
October 2, 2014
Present: Mayor Frederick E. Nicholson
Deputy Mayor Charles Comer
Trustee Doug Baldwin
Trustee Alice M. Peckelis
Trustee Nora Haagenson
Village Clerk Yvonne Whitcomb
Treasurer Laurence Tuck
Village Attorney Chris Prior
Also present: Court Reporter Joanne Horrocks, Peter Faccibene, Darrin Lewis, Harry Nicolaides, William Haagenson, Matt Tedone, Gerald Hallisey, Tina Joks, Guilo Varsi, Chuck Idol, Maurice Mandel, Patrick Griffin, Charlene Berkman, Rich Brody.
Planning Board 7:30PM
The Board of Trustees in its capacity as Planning Board, conducted a public hearing on the joint Application for Partitioning/ Subdivision, of Peter Faccibene, as owners of premises at 4 Green Hays, Port Washington, N.Y. 11050 also known as Section 5, Block 10, Lots 212 and 225 and Darrin Lewis, as owner of premises at 5 Locust Ave., Port Washington, N.Y. also known as Section 5, Block 10, Lot 112 to approve lot line adjustments between the two abutting parcels that will increase the lot area of 5 Locust Ave. while reducing the lot area of 4 Green Hays.
A transcript of the public hearing is annexed hereto as Exhibit A. After the close of the public hearing,
on motion of Mayor Nicholson, seconded by Trustee Baldwin, it was unanimously
RESOLVED to ADOPT the following resolution.
Village of Baxter Estates Planning Board
Resolutions as to SEQRA and Approval of Lot Line Adjustment
Between 5 Locust Avenue and 4 Green Hays (f/k/a 7A Locust)
(Public Hearing – October 2, 2014)
(as adopted October 2, 2014)
A. DESIGNATION AS LEAD AGENCY FOR ENVIRONMENTAL REVIEW AND NEGATIVE DECLARATION
WHEREAS, the Planning Board of the Village of Baxter Estates (the “Planning Board”) has received the joint partitioning application (the “Application”) of Peter and Doreen Faccibene (“Faccibene”), as owners of the Premises known as 4 Green Hays (f/k/a 7A Locust Avenue), Port Washington, New York (the “Green Hays Parcel”), and Darrin and Susanne Lewis (“Lewis”), as owners of the Premises known as 5 Locust Avenue, Port Washington, New York (the “Locust Parcel”) (Faccibene and Lewis are hereinafter collectively referred to the “Applicants,” and individually, as an “Applicant”), to adjust the lot line that separates the two parcels in order to enable Faccibene to convey to Lewis two portions of the premises known as 4 Green Hays, as depicted on Schedule A hereto (the “Portions to be Transferred”); and
WHEREAS, the Planning Board has conducted a public hearing with respect to the Application, and has reviewed all materials submitted in connection with the Application, as well as all materials submitted by, and testimony received from, persons in support of and in opposition the Application; and
WHEREAS, the Application constitutes an “unlisted action” for purposes of the New York State Environmental Quality Review Act (“SEQRA”), and the rules and regulations promulgated thereunder, requiring that a determination be made by the Planning Board with respect to the environmental significance of the Application, if same were to be approved, before the Planning Board may consider the substance of the Application; and
WHEREAS, the Planning Board has conducted an “uncoordinated” review under SEQRA, and reviewed the materials submitted, including a Short Environmental Assessment Form prepared by the Applicant, and testimony received at the public hearing; and
WHEREAS, the proposed lot line adjustment will not create any new developable lots within the Village, but will decrease the Green Hays Parcel by removing the Portions to be Transferred therefrom, and increase the Locust Parcel, by incorporating such Portions into the Locust Parcel, after which each of the Green Hays Lot and the Locust Lot will constitute single buildable lots, improved with a single family home;
NOW, THEREFORE, the Planning Board hereby (i) designates itself as lead agency under SEQRA with respect to the environmental quality review of the Application, and (ii) determines that the Application, if granted as submitted, is not likely to have a significant adverse impact upon the environment, and so the Planning Board adopts a negative declaration with respect to the Application under SEQRA and the rules and regulations promulgated thereunder.
B. PARTITIONING/LOT LINE ADJUSTMENT APPROVAL
WHEREAS, the Planning Board has considered the joint partitioning application (the “Application”) of Peter and Doreen Faccibene (“Faccibene”), as owners of the Premises located in a Residence-A zoning district of the Village and known as 4 Green Hays (f/k/a 7A Locust Avenue), Port Washington, New York 11050, also known as Section 5, Block 10, Lots 212 and 225 on the Nassau County Land and Tax Map (the “Green Hays Parcel”), and of Darrin and Susanne Lewis (“Lewis”), as owners of the Premises located in a Residence-A zoning district of the Village and known as 5 Locust Avenue, Port Washington, New York 11050, also known as Section 5, Block 10, Lot 112 on the Nassau County Land and Tax Map (the “Locust Parcel”) (the Locust Parcel and the Green Hays Parcel are collectively referred to herein as the “Subject Premises”), to adjust the lot line dividing the Green Hays Parcel from the Locust Parcel in order to convey from Faccibene to Lewis (i) the portion of the Green Hays Parcel in the southwesterly corner of the Green Hays Parcel (the “Rear Yard Portion”), and (ii) the portion of the Green Hays Parcel that constitutes the “handle” of the now pot-handled lot that is the Green Hays Parcel (the “Pot Handle Portion”), all as depicted on the Partitioning Map defined below (the Rear Yard Portion and the Pot Handle Portion are collectively referred to as the “Portions to be Transferred”);
WHEREAS, the Planning Board has considered the application and the partitioning map and all statements and data submitted to the Planning Board with respect to them;
WHEREAS, the Planning Board by prior resolution has designated itself as lead agency under the New York State Environmental Quality Review Act with respect to the environmental review of this unlisted action, determined that the implementation of it is not likely to have a significant adverse impact on the environment and adopted a negative declaration with respect to it;
WHEREAS, the members of the Planning Board have inspected the Subject Premises and the surrounding area;
WHEREAS, a public hearing was held with respect to the application and partitioning map and all people present at the hearing were heard or were given an opportunity to be heard;
NOW, THEREFORE, THE BOARD DETERMINES AS FOLLOWS:
1. The partitioning map presented in the Application is entitled:
“Composite Subdivision Map, Inc. Village of Baxter Estates, Town of North Hempstead, County of Nassau, State of New York,” referring to “Tax Map ID: Section 5, Block 10, Lots 112, 212 & 225,” dated 8/25/14, by Ferrantello Land Surveying P.C., 12 West Mall, Plainview, NY 11803, signed and sealed by Frank S. Ferrantello, State of New York licensed land surveyor, License No. 50762, comprised of a single sheet (the “Partitioning Plan”).
2. The Applicants advised the Planning Board that the purpose of the Application and the Partitioning Plan is to enable Faccibene to convey to Lewis the Portions to be Transferred, in order to increase the lot area of the Locust Parcel, by increasing the useable rear yard of the Locust Parcel, and to give to Lewis and their successors as owners of the Locust Parcel exclusive use and ownership of the driveway on the easterly side of the Locust Parcel.
3. The Green Hays Parcel was the subject of a partitioning application made by Faccibene in 2012, and approved by Planning Board resolution adopted July 10, 2012 (the “2012 Faccibene Decision”). The 2012 Faccibene Decision in turn amended the Planning Board’s September 8, 2011 resolution granting partitioning approval with respect to the application of the Pickow Family Trust, predecessor to Faccibene as owner of the Green Hays Parcel (the “Pickow Decision”). The net result of the Pickow Decision and the 2012 Faccibene Decision was to establish Tax Lot 212 and Tax Lot 225 as separate buildable lots. Both Tax Lots collectively constitute the Green Hays Parcel. Tax Lot 225 presently is improved with a single family home constructed by Faccibene. The abutting Tax Lot 212, also a part of the Green Hays Parcel, is utilized as an ancillary yard to the Faccibene home, but is presently authorized for development with a single family home, under the Pickow and 2012 Faccibene Decisions.
4. Tax Lot 225 is what is commonly known as a “flag lot” or “pot handled lot.” A large rectangular portion of the lot, which fronts on Green Hays and which contains the Faccibene home, is connected to a long and narrow rectangular portion (the “Pot Handle Portion”) that extends southerly to Locust Avenue. The “Pot Handle Portion” of Tax Lot 225 has 12.6’ of frontage on Locust Avenue, and contains a driveway presently used by Lewis, under an easement, for access to a rear yard detached garage. That driveway also offer ingress and egress to Tax Lot 225, although that use is very limited under the 2012 Faccibene Decision.
5. Utility services serving the home on the Green Hays Parcel run under the Pot Handle Portion, from Locust Avenue northerly. The Applicants intend for easements in the Pot Handle Portion to be retained for the benefit of the Green Hays Parcel in the event that this application is approved and the contemplated transfers of the Portions to be Transferred are accomplished.
6. The Village Building Inspector has advised the Planning Board that, even after loss of the Portions to be Transferred, the reduced Green Hays Parcel would be compliant in all respects with the Village Zoning Code, but that the ability to develop Tax Lot 212 as a separate buildable would be lost. Faccibene acknowledged on the record his agreement to the loss of the separate buildable status of Tax Lot 212, and his acceptance of the fact that, should the approvals sought hereunder be granted, and the contemplated conveyances accomplished, he would then have a single buildable lot, comprised of Tax Lot 225, less the Pot Handle Portion, and Tax Lot 212, less the Rear Yard Portion, developable only with a single family home, as it presently is developed.
7. The Village Attorney advised the Planning Board that the Locust Parcel, as it presently exists, is a pre-existing, non-conforming parcel with a pre-existing, non-conforming single family home and accessory structure. Under applicable provisions of New York State Village Law, upon the approval granted hereunder by the Board, both resulting parcels must satisfy presently applicable zoning code restrictions, and any grand-fathered protections applicable to features of the home and the lot as they presently exist would be lost. As a result, any pre-existing, non-conforming elements of the Locust Parcel and the home thereon would need to be legalized through application for variances to the Village Board of Appeals. This Board notes that it will condition its approval hereunder on Lewis obtaining any requisite variances from the Village Board of Appeals.
8. The Locust Parcel contains a dilapidated garage, which Lewis advised the Board he intends to demolish, and to replace with another garage structure. The Board notes that any variances required with respect to a new garage structure would be pursued by Lewis in the ordinary course, and any decision by this Board need not be conditioned upon Lewis constructing a new garage or obtaining variances with respect thereto.
9. The south westerly corner of Tax Lot 212, referred to herein as the “Rear Yard Portion,” would also become part of the Locust Parcel, if these approvals are granted and the contemplated conveyance accomplished. The addition of both Portions to be Transferred to the Locust Parcel will actually reduce certain of the pre-existing non-conformities of that Lot, which the Planning Board deems beneficial to Lewis, as well as to the Village.
10. Mr. Matt Tedone, owner of the Premises at 9 Washington Avenue, Port Washington, New York, is the only person other than the Applicants to speak at the public hearing. Mr. Tedone’s parcel abuts both the Locust Parcel and the Green Hays Parcel, and so he is interested in the Application. Mr. Tedone urged the Board to grant the approvals, noting the benefit to the Village of removing the possibility of the introduction of a new single family home on tax lot 212, while augmenting the deficient existing Locust Parcel, and preserving the Green Hays Parcel, post-conveyance, as significantly larger than the minimum lot size in the Village, and compliant in all respects with the Village Zoning Code. Mr. Tedone, Chairman of the Board of Appeals, noted that he will be recusing himself from any application for variances to that Board in light of his interest in and support of the Application.
11. The Planning Board has determined, in light of the fact that there is no presently contemplated development on any portion of the Subject Premises, to waive the requirement for any additional documentation and submissions by the Applicants beyond those contained in their original application to this Board and the materials presented at the October 2, 2014 public hearing.
12. The Board also waives, to the extent applicable, any requirement that the Applicants submit a preliminary and final subdivision plat, as the Board is treating the application as one for final partitioning/lot line adjustment approval.
13. The Board is obligated to consider each lot line adjustment or partitioning application for any potential impact on Village park and recreation facilities, pursuant to the Village’s rules relating to subdivisions.
14. This Board finds that the lot line adjustment and partitioning contemplated hereunder is not an appropriate circumstance to require an increase in park and recreational facilities in the Village, in light of present and anticipated future needs for park and recreational facilities in the Village. The Board notes that the application is unique, that no lots are being created, and no new physical development or change in use will result from any approval. Therefore, there is no need or purpose for any contribution to the Village’s Parkland Trust Fund.
15. Pursuant to Section 334-a of the Real Property Law of the State of New York, the Board hereby waives the necessity for the filing of the final plat in the Nassau County Clerk’s office, provided that, within 360 days after filing with the Village Clerk of the final decision of the Nassau County Planning Commission with respect to the companion application for minor subdivision or partitioning approval, as described above, a deed is recorded with the Nassau County Clerk’s Office conveying the Portions to be Conveyed to Lewis, and a copy of said deed and proof of recording are delivered to the Village within fifteen (15) days thereafter. The Applicant may request an extension of time to file such deed by application to this Board, for which no public hearing shall be required.
16. The Planning Board hereby grants the Application, and approves the Partitioning Map in the form submitted by the Applicant, as same may be amended, modified and restated, in order to satisfy the Nassau County Planning Commission, by any licensed professional authorized to prepare subdivision and partitioning maps in the State of New York, provided that the layout and dimensions of the parcels impacted are substantially identical to the lot layout and dimensions depicted in the Partitioning Plan. Such approval is hereby conditioned upon the following:
(a) Within 360 days after the filing with the Village Clerk of the final decision of the Nassau County Planning Commission granting the companion application to that Commission seeking minor subdivision and/or partitioning approval, with respect to the Portions to be Conveyed, a deed shall be recorded with the Nassau County Clerk’s Office conveying the Portions to be Conveyed to Lewis, and a copy of said deed and proof of recording shall be delivered to the Village within fifteen (15) days hereafter. The Applicant may request an extension of time to file such deed by application to this Board, for which no public hearing shall be required.
(b) Lewis shall apply to the Board of Appeals for any variances noted by the Village Building Inspector as necessary with respect to the Locust Parcel as augmented with the Portions to be Transferred, and such variances shall be granted, within six (6) months of the date hereof.
(c) Easements in, on or under the Pot Handled Portion for the benefit of the Green Hays Parcel, net of the Portions to be Transferred, shall be retained for utilities serving a single family home on the Green Hays Parcel, net of the Portions to be Transferred.
Planning Board of the Village of Baxter Estates
By: ___________________________________ Date: October 9, 2014
Frederick Nicholson, Chairman
Regular Meeting 7:53PM
Mayor Nicholson opened the Regular Meeting at 7:53PM.
A. Harbor Road Properties, LLC – Condominium Project at 25 Shore Road
Mayor Nicholson reviewed the steps taken so far regarding the proposed development at 25 Shore Road and discussed the meeting that was held by the developer on September 15, 2014
at the Port Washington Public Library. Many residents attended and voiced their opinion to the Board.
A. Lease Renewal: Dr. Nina Cohen
On motion of Trustee Haagenson, seconded by Trustee Baldwin, it was unanimously RESOLVED to enter into a one year renewal of her lease from October 1, 2014 to September 30, 2015, in the form presented by Attorney Prior. (Annexed hereto)
B. Nassau County Public Health Emergency Preparedness Memorandum of Understanding
On motion of Mayor Nicholson, seconded by Trustee Baldwin, it was unanimously RESOLVED to add Trustee Nora Haagenson to the Memorandum as a contact person for the Village of Baxter Estates.
C. Landmarks Preservation Commission Member Resignation
Mayor Nicholson thanked Landmarks Preservation Commission member Gerald Hallisey
for his years of service to the village, and regretfully accepted his letter of resignation, effective as of September 18, 2014.
D. Special Meeting to Award Leaf Removal Contract
On motion of Trustee Haagenson, seconded by Trustee Baldwin, it was unanimously RESOLVED to hold a Special Meeting on October 9, 2014 at 6:30 PM for the purpose of awarding the 2014 Leaf Removal Contract.
E. PSEG Utility Poles
Chuck Idol presented to the Board a packet containing documents regarding the utility poles used by PSEG, that he provided to Nassau County and the Town of North Hempstead .
On motion of Trustee Baldwin and Trustee Haagenson, it was RESOLVED that the reading of the minutes of the September 2, 2014 Meeting of the Board of Trustees be waived and they be and hereby are approved as presented by Clerk Whitcomb.
Mayor Nicholson Aye
Deputy Mayor Comer Aye
Trustee Haagenson Aye
Trustee Peckelis Aye
Trustee Baldwin Abstained
A. Abstract of Vouchers
On motion of Deputy Mayor Comer, seconded by Trustee Baldwin, it was unanimously RESOLVED that the Abstract of Audited Vouchers, dated October 2, 2014, for the General Fund, totaling $ 49,156.96 be and hereby is approved as prepared by Treasurer Tuck.
B. Financial Statements
On motion of Deputy Mayor Comer, seconded by Trustee Baldwin, it was unanimously
RESOLVED to approve the financial statements for year ending May 31, 2014.
There being no further business before the Board, on motion of Mayor Nicholson, seconded by Deputy Mayor Comer, it was unanimously RESOLVED that the meeting be and hereby is adjourned at 10:00PM.
Yvonne Whitcomb, Village Clerk