Board of Trustees

Village of Baxter Estates

315 Main Street

Port Washington, New York

March 7, 2013

7:30 P. M.


Present: Mayor Frederick E. Nicholson

Deputy Mayor Charles Comer

Trustee Douglas Baldwin

Trustee Alice M. Peckelis

Trustee Nora Haagenson

Village Attorney Christopher Prior

Village Treasurer Laurence Tuck


Absent: Village Clerk Yvonne Whitcomb

Present: Harry Nicolaides; Robert Maier; David Mammina; David Wasserman; Chris Ficalora


  1. New Business


  1. Discussion on Bird House Parking lot

Architect Harry Nicolaides, who is also a tenant of the Bird House, discussed possible parking schematics for the rear of the property as well as modifications to the building. Mr. Nicolaides advised that in order to proceed he needs a survey of the property.

  1. Bay Walk Meeting

Mayor Nicholson reported on the Bay Walk meeting held on February 27th.

RDA Landscaping made a presentation about future plans to continue the Bay Walk around Manhasset Bay. While plans include upgrades for Sunset Park, which the Town of North Hempstead is in the process of purchasing from the Port Washington Water Pollution Control District, there are no plans for those areas that lie within the Village of Baxter Estates. Mayor Nicholson

noted that during a moon tide, the bay washes over Shore Road. He recommended the Village hire Newport Engineering for a study to recommend ways to remedy this problem.


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

David Mammina, an architect, and David Wasserman, a consultant, made a presentation to the Board for a 26-unit condominium project at the former NatWest Bank building which is partially zoned commercial and residential. The principal of Harbor Road Properties, LLC is Peter Dejana. Mr. Wasserman apologized that Mr. Dejana could not attend tonight’s meeting.

The project, which is 45 feet in height, envisions 1 and 2 bedroom units as well as studios. There would be 34 parking spots. The structure would be setback 20’ along Shore and Harbor Roads plus there will be two curb cuts. The entrance will be on Shore Road. Mr. Wasserman said the entrance is on Shore Road because of concern for the residential area on Harbor Road.


Trustee Baldwin noted that a similar proposal had been put before the Board in 2006 at which time concerns had been raised. He did not see anything in the current proposal that allays any of those concerns. Trustee Baldwin said that views of the adjacent residential area of single family homes would be blocked; there are density, parking and multiple other issues to be resolved.


Trustee Comer said that a project of this scale will take some thought. Village Attorney Prior advised that this application will require substantial adherence to the State Environmental Quality Review Act (SEQRA).


Mayor Nicholson stated the concept is good for the Village; it is the right time for such a development.


Mr. Wasserman said they are prepared to meet the Board’s concerns and address the issues. He asked how the Board would like him to proceed.


Trustee Baldwin said the next step would be community outreach. Informal meetings should be held to advise the community of this project.

  1. Bird House Financing Update

Chris Ficalora updated the Board on his efforts to interest local banks to participate in financing the purchase of the Bird House through a bond issue.

He said three banks have shown an interest: Citibank, TD Bank, and Bank of America. Mr. Ficalora recommended serial bonds. The maximum amount of the fees that would be incurred is $4,500.


  1. Bird House Lease Extension

Due to the delays in getting the subdivision of the Bird House property approved by the Nassau County Planning Commission, it will be necessary to extend the lease with the Port Washington Water Pollution Control District.


On motion of Trustee Baldwin, seconded by Trustee Comer, it was unanimously RESOLVED to extend the lease at the Bird House until July 31, 2013. This Resolution is subject to approval by the Port Washington Water Pollution Control District’s Board of Commissioners.


  1. Annual Storm Water Meeting

On motion of Trustee Comer, seconded by Trustee Baldwin, it was unanimously RESOLVED to hold the annual Storm Water Meeting on April 4, 2013.


  1. Tianderah Road Reopening

On motion of Trustee Comer, seconded by Trustee Baldwin, it was unanimously RESOLVED to reopen Tianderah Road to vehicular traffic commencing April 1, 2013.


  1. Old Business


A. Curb Cut Application – 9 Hillside Avenue

Robert Maier was present for the Board’s consideration of his application for a second curb cut at his property which was the subject of discussion at last month’s

Board meeting. Mr. Maier stated that the existing driveway is below grade making it difficult to bring groceries etc. from the car to the front door of the house. Without a new driveway he will be forced to park cars in the street which is not desirable. Trustee Comer said landscaping at the proposed new driveway will block the view of vehicles traveling down the hill creating a safety issue. He added it will set a precedent for vehicles parking in the front yard. One suggestion was to have a mirror mounted on a tree so it would be evident a vehicle is exiting the driveway. Two neighboring property owners have expressed their concerns. It was the consensus of the Board to have them withdraw their objections before proceeding further. The Board also discussed adopting a local law to provide the framework for issuance of second curb cuts.


  1. Village Clerk


A. Minutes

On motion of Trustee Baldwin, seconded by Trustee Comer, it was unanimously RESOLVED that the reading of the February 7, 2013 meeting of the Board of Trustees be waived and that they be and hereby are approved with certain minor corrections.


  1. Treasurer


  1. Abstract of Vouchers

On motion of Trustee Baldwin, seconded by Trustee Comer, it was unanimously RESOLVED that the Abstract of Audited Vouchers, dated March 7, 2013 in the amount of $36,638.40 to be paid out of the General Fund, be and hereby is approved as prepared by Treasurer Tuck.

  1. Leaf Contract Payment

Discussion ensued among the Board over payment for the leaf contract to Dom’s Lawnmaker, Inc. It was alleged that he did not fulfill the terms of the contract and assigned the contract without permission. It was decided to pay the balance due after deducting payments made to another contractor who picked up leaves, and for the cost to reimburse a Village resident for providing a fire extinguisher when the leaf vacuum truck caught fire. It was decided that Attorney Prior would draft a letter with a release and send it to Dom’s Lawnmaker, Inc.


On motion of Trustee Baldwin, seconded by Trustee Comer, it was RESOLVED to pay Dom’s Lawnmaker, Inc. the sum of $17,567.85, subject to Dominick D’Alonzo executing a release. Roll Call Vote: Trustee Baldwin – Aye; Trustee Comer – Aye; Trustee Haagenson – Aye; Mayor Nicholson – Aye; Trustee Peckelis – Naye.


  1. Budget Workshop

A budget workshop will be held on March 9th at 8:00 A. M. to prepare the tentative budget for the fiscal year ending May 31, 2014.


  1. Other Business


  1. Central Drive Fence

John Dougherty of the Nassau County Department of Public Works has been advised of the damage to the split rail fence along Central Drive.


  1. Burack Claim

The Board directed the Village Clerk to discuss the claim by the Buracks for the Village tree that fell on the their fence with the Village’s account executive at Hometown Insurance to ascertain whether the claim should be submitted to the insurance carrier.


  1. Building Search Fee

The Board denied a request from a title company to refund a $75 fee to conduct a search for a certificate of occupancy for 7A Locust Drive.


Executive Session


At 10:45 P. M. the Board entered into Executive Session to discuss personnel matters and litigation. The Board exited Executive Session at 11:24 P. M. No action was taken.


There being no further business before the Board, on motion of Trustee Baldwin, seconded by Trustee Comer, it was unanimously RESOLVED that the meeting be and hereby is adjourned at 11:25 P. M.


Respectfully submitted,



Alice M. Peckelis

Trustee