https://sleepyhollow.localarchives.org/files/original/49d2fd7353160215e1d3a4e2dcc7df07.pdf 7b6f4831e2165668734b14e6a78efbaf PDF Text Text Minutes of the Board of Trustees Village of Sleepy Hollow A work session of the Board of Trustees of the Village of Sleepy Hollow was held on Tuesday, July 13, 2004 at 7:00 P.M. in the boardroom at Village Hall, 28 Beekman Avenue, Sleepy Hollow, New York. Present: Mayor Philip E. Zegarelli Mario DiFelice Rich Zieja Andrew Murray Kay Grala Richard Spota Trustees Also Present: Dwight H. Douglas, Village Administrator Bob Ponzini, Village Counsel Joel Sachs, Special Counsel Dave Smith, Planning Consultant Dolph Rotfeki, Engineering Consultant Sean McCarthy, Village Architect At 9:05 p.m. The Mayor called the Board into special session to hold two public hearings and act on certain legislative matters. Public Hearing #1 - continuation of hearing on certain zoning and related ordinance amendments. The hearing was opened. No one from the public spoke on the matter. On a motion of Trustee DiFelice, seconded by Trustee Spota and carried unanimously the Public Hearing was held over until September 21st to provide additional time for the Planning Board to issue its report. Public Hearing #2 - Cross Connection ordinance amendments. The attached legal notice was read into the record. The hearing was opened. No one from the public spoke on the matter. On a motion on Trustee Zieja, seconded by Trustee Murray and carried unanimously the public hearing was closed. Mayor Zegarelli read into the record the appointment of members to the Police, Fire, Ambulance and Safety Evaluation Committee as attached. On a motion of Trustee Murray, seconded by Trustee DiFelice and carried unanimously the Mayor's appointments were ratified. During the special session, the attached resolutions R-l through R-4 were duly acted on as noted. At 9:45 p.m. on a motion of Trustee DiFelice, seconded by Trustee Spota and carried unanimously, the special session meeting of the Board of Trustees was adjourned. At 9:50 p.m. on a motion of Trustee Spota seconded by Trustee Grala. tlie board entered into executive session for the purpose of reviewing personnel matters. On a motion of �217 I Trustee DiFelice, seconded by Trustee Spota and carried unanimously at 10:35 p.m. the Board came out of executive session. No action was taken during the executive session and the meeting was adjourned. Respectfully i Dwight H. Douglas, Village Administrator I I ->-a.-iu.' S i , S,-i-i* S*iJ=fe3i �213 I AFFIDAVIT OF PUBLICATION from (The Journal >fcu>s SlAl'bOFIgMyYOftK cautrrr OF wEsrrci-esTB* Nocltesn Area Jbeng " ^ jpfeASE . - T - . - « - -r«i-c aI TARE urrnr? NOTICE that that a Pond Ridge s Cotmy of Westchester an! •*W>fcc>anneaffig3isa SnffKJPCJk Icnlhe ShrobOafc , SocattiSaeffi left and on fte ^SS^Sg««^2g; jcpy, ^ g b ; » - * £ 3 « 2. 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Zegarelli appointed the following persons to the Police, Fire, Ambulance and Safety Evaluation Committee (PFASEC): Police: Fire: Ojito Cappelto Hennessey Korzelius Gross (Rescue) Green (Columbia) Gonzalez (Union) Moon (Fire Patrol) Amesbury (PocanrJco) Warren Hayes Sgt. Ambulance: Village: T. Spota Zegarelli R. Spota Zieja McCarthy Douglas DeFeo I I > -. 3 . ^ v £ - „ , v l ^ ' t - ; J / ^ v ' w - ' i V ; -^*^_psr-.J «^si^Vh*- *+—A^*^^-dz^^^^-^p4m.J^S4a^^^%^^^^^^^^^*^B^&^' �Meeting Date: Resolution #: 07/13/04 07/119/04 July 13,2004 RESOLUTION ACCEPTING THE OFFER OF DEDICATION OF POCANTICO HOME & LAND COMPANY, LLC TO DEDICATE WESTVDEW CIRCLE TO THE VILLAGE OF SLEEPY HOLLOW AND CALLING FOR A PUBLIC HEARING WHEREAS, on April 15, 2004, the Planning Board of the Village of Sleepy Hollow adopted a resolution granting final amended subdivision approval to Pocantico Home and land Company, LLC; and •• WHEREAS, construction of an eleven (11) lot subdivision on an approximately 11.9 acre parcel located along County House Read and Bedford Road in the Village of Sleepy Hollow has been completed; and WHEREAS, a final subdivision plat has been filed with the Westchester County Clerk's Office, Division of Land Records on or about October 9, 2002 and the street to be dedicated hereunder, namely Westview Circle, was shown on the recorded plat; and WHEREAS, Pocantico Home & Land Company, LLC has offered Westview Circle for dedication; and WHEREAS, the Village Engineer has inspected said road being offered herein and finds the road acceptable for dedication. NOW, THEREFORE BE IT RESOLVED, that the Village of Sleepy Hollow hereby accepts the offer of acceptance of Westview Circle subject to the following conditions being satisfied: 1. The applicant shall furnish a two (2)-year road maintenance bond to the Village in the sum of $60,000.00 in a form acceptable to the Village Attorney; 2. The applicant is also dedicating the drainage, water, and sewage easements associated with the road; 3. The applicant provide a title report to the satisfaction of the Village Attorney; 4. The applicant provide satisfactory proof that all mortgages and liens have been released from the lands dedicated to the Village; 5. The applicant provide a deed along with a Schedule A describing the property being conveyed subject to the satisfaction of the Village Attorney; 6. The applicant will be subject to an easement agreement in regard to two (2) masonry walls which easement will be recorded on or about July 14, 2004, in the Westchester County Clerk's Office, Division of Land Records. 247«.t2/Z6UMVI 7/1MM �221 BE IT FURTHER RESOLVED, that the Board of Trustees shall hold a Public Hearing on August 17, 2004 at 8:00 p.m. at the Village Hall,'28 Beekman Avenue, Sleepy Hollow, New York 10591, pursuant to Village Law §6-614, to consider the Village accepting the dedication of Westview Circle. Moved: Trustee Zieja Seconded: Trustee Murray Vote: I Unanimous I I 247MO/Z613M V I 7/1C/M �Meeting Date: Resolution•#: 07/13/04 07/120/04 RESOLUTION APPROVING EASEMENT AGREEMENT BETWEEN VILLAGE OF SLEEPY HOLLOW AND POCANTICO HOME & LAND COMPANY REGARDING WESTVIEW CIRCLE ROAD DEDICATION WHEREAS, in conjunction with the dedication of Westvicw Circle to the Village of Sleepy Hollow from Pocantico Home & Land Company Inc., it has been determined that certain stone walls encroach upon the public road to be dedicated to the Village; and WHEREAS, in order to ensure that Pocantico & Home Land Company LLC and their successors have complete responsibility for the maintenance of said walls and will agree to indemnify and hold harmless the Village of Sleepy Hollow from any and all liability resulting from the walls encroaching on the public road, the parties have proposed entering into an Easement Agreement, a copy of which is annexed; and WHEREAS, the Board of Trustees of the Village of Sleepy Hollow has determined that it is in the best interests of the Village to enter into such Easement Agreement, it is THEREFORE, IT IS RESOLVED, that the Board of Trustees on behalf of the Village of Sleepy Hollow is authorized to enter into a certain Easement Agreement with Pocantico Home& Land Company Inc. in regard to certain walls encroaching on Westview Circle, a copy of which Easement Agreement is attached hereto as an exhibit; and it is further RESOLVED, that the Mayor on behalf of the Village Board of Trustees is authorized to execute such Easement Agreement and such other related documents as may be appropriate. Moved: Trustee Murray Vote: Unanimous 2«7«/02/ZSI472 VI 7/20/IM Seconded: Trustee DiFelice �EASEMENT AGREEMENT This EASEMENT AGREEMENT (the "Easement Agreement") is made this 12th day of July, 2004, by and between the Village of Sleep Hollow with an address at 28 Beekman Avenue, Sleepy Hollow, New York 10591 (the "Grantor") and Pocantico Home & Land Company, LLC with an address at 115 Stevens Avenue, Valhalla, New York 10595 (the "Grantee"). WHEREAS, Grantee owns real property (the "Property"), described in Exhibit "A" attached hereto and made a part hereof, through which two (2) masonry walls (the "Walls") pass; and WHEREAS, the Walls encroach on a publicright-of-way(the "Right of Way") known as "Westview Circle" adjacent to the Property as more particularly shown on Exhibit "A" (the "Encroachment"); and WHEREAS, Grantor desires to grant to Grantee and Grantee desires to accept from Grantor a permanent non-exclusive easement over theright-of-wayto permit the Encroachment (the "Easement"). NOW, THEREFORE, in consideration of the promises and the mutual covenants made herein, and the sum of One Dollar and no cents (SI.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Grantor does hereby grant and convey onto the Grantee, is successors and assigns, the Easement, subject to the following terms and conditions. 1. For good and valuable consideration, Grantor hereby grants and conveys to Grantee the Easement described above and more particularly set forth on Exhibit "A". 2. Grantee shall have and exercise therightof reasonable ingress and egress in, to, through, over, under and across the Right of Way andfromany roads, highways, streets, alleys or any other point to the Easement in order to perform maintenance and repair of the Walls, including, without limitation, therightto cut, trim, control, and remove trees, brush and other obstructions which injure or interfere with Grantee's use, occupation or enjoyment of the Easement. 3. Grantor warrants mat its has fullrightand lawful authority to make the grant contained herein. 4. Grantor shall not interfere now, or in the future, with any of the rights provided to Grantee under this Easement Agreement, including, but not limited to, Grantee's rights of maintenance and reasonable access. �5. The Easement herein granted across the Right of Way shall be exercised and used in such a manner so as to not cause any damage or destruction of any nature whatsoever to, or interruption of the u s e of the Right of Way. 6. Any debris left in the Right of Way as a result of Grantee's use shall be immediately removed by the Grantee, its personal representatives, heirs, successors and assigns. 7. Grantor shall have therightto grant other non-exclusive easements over, along or upon the Right of Way; provided, however, that any such other casements shall be subj ect to the Easement hereby granted. 8. The Grantee, for itself and its representatives, heirs and assigns, docs hereby agree to hold the Grantor harmless and agree to indemnify the Grantor from any and all liability resultingfromtherightsgranted herein. By the granting of the Easement, the Grantee and its representatives, heirs and assigns, further agree that maintenance of the proposed Easement shall be uic responsibility of the Grantee and its representatives, heirs and assigns, and any disturbance of said Easement by the Grantee shall be the responsibility of the Grantee, its representatives, heirs and assigns. 9. This Easement Agreement may not be modified, amended or terminated without the prior written consent of the Grantor and Grantee. 10. The covenants && forth herein shall nm with the land and be binding upon and inure to the benefit of the parties hereto and their respective heirs, representatives, successors and assigns. 11. This Easement Agreement shall be recorded at the county clerk's office and the cross-reference number and title of the Easement Agreement shall be cited on each temporary and permanent certificate of occupancy hereafter issued for the Property. -2- �fm Ct O I IN WITNESS WHEREOF, Grantor and Grantee have made and executed the foregoing Easement Agreement as of the date hereinabove written. GRANTOR: THE VILLAGE OF SLEEPY HOLLOW __ • Name: Title: GRANTEE: POCANTICO HOME & LAND COMPANY, LLC _ I Name: Title: I -3- �226 I State of New York ) : ss.: County of Westchester) This instrument was acknowledged before me on. 200_by of (Signature of notarial officer) (Seal, if any) My commission expires; I State of New York ) : ss.: County of Westchester) This instrument was acknowledged before me on of (Signature of notarial officer) (Seal, if any) My commission expires: I -A- ,200_by �227 I Meeting Date: 07/13/04 Resolution #: 07/121/04 Be it resolved that the Board of Trustees does hereby confirm the Mayor's appointment of Charles Breitenbach, 1 Dixon Lane, Tarrytown, New York to the position of seasonal laborer in the Public Works Department at S10.00 per hour effective July 12,2004 through no later than Labor Day, 2004. Moved: Trustee DiFelice Seconded:Trustee Spota Vote:unanimous Resolutions 07/122/04 Be it resolved that the Board of Trustees does hereby confirm the Mayor's appointment of Dwayne Davis, 126 Valley Street, Sleepy Hollow, New York to the position of seasonal laborer in the Public Works Department at $10.00 per hour effective July 12,2004 through no later than Labor Day. Moved:Trustee Spota Seconded:Trustee Grala I Vote:unanimous I � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Board of Trustees Meeting Minutes & Resolutions-2004 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_TRUST_2004-07-13 Subject The topic of the resource Board of Trustees Minutes-2004 Date A point or period of time associated with an event in the lifecycle of the resource 2004 Rights Information about rights held in and over the resource Village of Sleepy Hollow All Rights Reserved. Type The nature or genre of the resource Text