Board of Trustees

Village of Baxter Estates

2 Harbor Road, Port Washington, NY

May 6, 2010

 

 

Present:           

                        Trustee Charles Comer

                        Trustee Alice M. Peckelis

                        Trustee Michael Taylor

                        Village Attorney Christopher Prior

                        Treasurer Laurence Tuck

                        Village Clerk Yvonne Whitcomb

 

Absent: Mayor Frederick E. Nicholson

                        Trustee Douglas Baldwin

 

Also present:    James and Marilyn Sacrestano, Adam and Ting Coven, Stuart Rosen, Patch Reporter Eric Matson, Nina Bernstein and Warren Bernstein

 

Deputy Mayor Comer opened the meeting at 7:33pm.

 

1.                              Village Clerk

 

A.    Minutes

 

On motion of Trustee Peckelis, seconded by Trustee Taylor, it was unanimously RESOLVED that the reading of the minutes of the April 1, 2010 Board of Trustees Meeting be waived and they be and hereby are approved with corrections.

 

On motion of Trustee Peckelis, seconded by Trustee Taylor, it was unanimously RESOLVED that the reading of the April 26, 2010 Special Meeting of the Board of Trustees be waived and they be and hereby are approved with corrections.

 

2.                              Treasurer

 

A.    Abstract of Vouchers

 

On motion of Trustee Peckelis, seconded by Trustee Taylor, it was unanimously RESOLVED that the audited vouchers presented by Treasurer Tuck, dated May 6, 2010 for the General Fund, totaling $28,975.00 be and hereby are approved.

 

 

3.                              New Business

 

 

A.    Sandy Hollow Lane signage

 

The Village Clerk will review the signage at the intersection of Sandy Hollow Lane and Sandy Hollow Road with the Building Inspector and take appropriate action.

 

B.     Building permits-21 and 23 Locust Avenue-stop work order

 

The Deputy Mayor then invited Ms. Nina Bernstein, daughter of Muriel Landsberg, a village resident, to address the Board.  Ms. Bernstein introduced her husband, Warren Bernstein, and she and Mr. Bernstein then expressed to the Board their concerns with the project under way in the rear yards of 23 and 21 Locust Avenue, owned by the Gallos and the McCabes.  The rear yards of the Gallo and McCabe properties abut the rear and side yards of the Landsberg property.  The Bernsteins expressed concern on behalf of the Landsbergs that the project may create a dangerous situation, and that the project, as now constructed, appears not to be in conformity with building permits issued by the Village to Gallo and McCabe.  Trustee Peckelis noted that she had visited the site and had various concerns about the project, including slope stability and the apparent non-conformity of what has been constructed with the engineering plans submitted by Gallo and McCabe to the Village Building Inspector, and upon which the building permits were issued.

 

After discussion, the Board directed the Village Clerk to confirm with the Village Building Inspector that stop work orders would be issued with respect to both properties immediately, and that a determination be made as to the conformity of the projects underway with the approved engineering plans.  The Board members discussed the need to have an engineer selected by the Village, and retained at the expense of the property owners, review the existing conditions and the stability thereof, and to review engineering plans to be prepared by the engineer for the Gallos and the McCabes, explaining how the properties will be physically altered to allow the finished project to satisfy the originally approved engineering plans.  The Village directed the Village Clerk to advise the Building Inspector to condition the release of the stop work order on the deposit of the funds necessary, with the amount to be determined after the Village obtains a quote from Engineer Charles Vachris, and the submission to the Village of engineering plans for review by the Village Building Inspector and Mr. Vachris, as to how the existing conditions will be returned to the project depicted in the approved engineering plans.

 

 

 

 

 

C.    Building Report

 

The Board reviewed the Building Department Report for the month of April 2010.

 

D.    Tree Report

 

Janet Demelas, 52 Sandy Hollow Road, was granted permission, by the Board of Trustees, upon the recommendation of Lance Wagner, member of the Tree Committee, to remove a dead cherry tree.

 

Jackie McGowan, 31 Hilltop Road, was granted permission, by the Board of Trustees, upon the recommendation of Lance Wagner, member of the Tree Committee, to remove a sick dogwood tree.

 

Noreen Tedone, 11 North Washington Street, was granted permission, by the Board of Trustees, upon the recommendation of Lance Wagner, member of the Tree Committee, to remove a sick oak tree.

 

John O’Connell, 10 North Washington Street, was granted permission, by the Board of Trustees, upon the recommendation of Lance Wagner, member of the Tree Committee, to remove a split oak tree.

 

4.                              Old Business

 

A.   Hillside Road storm water drainage

 

Jim Sacrestano requested that he be included in any future planned discussions concerning the matter.

 

B.      Stuart Rosen-BZA Billing

 

Stuart Rosen expressed his concerns with the accuracy of bills he has received for legal fees for his appearances before the Village Board of Zoning Appeals. Village Attorney Chris Prior discussed the billing stating he believed they are accurate.  He agreed to review each specific item to verify they are correct.  Mr. Rosen said that he is willing to start making monthly payments to the Village while the billing review goes on, and requested a written statement of the final total and a schedule of payments.

 

 

 

Executive Session 11:00pm

On motion of Trustee Taylor, seconded by Trustee Comer, the Board voted unanimously to enter into Executive Session to address potential litigation.

At 11:22pm, Trustee Comer stated that Executive Session had concluded, and that no action had been taken by the Board in Executive Session.

 

 

There being no further business before the Board, on motion of Trustee Peckelis, seconded by Trustee Taylor, it was unanimously RESOLVED that the meeting be and hereby is closed at 11:42PM.