Tax Grievance Assessment Hearing - Tue Feb 19th at 6pm

http://www.pleasantville-ny.gov/Pages/PleasantvilleNY_Calendar/S012E883A-012E8870

Begins Tuesday, February 19 at 6:00 PM - Ends Tuesday, February 19 at 9:00 PM
Clinton Street Senior Center, 1A Clinton Street, Pleasantville, N.Y.


LEGAL NOTICE

NOTICE OF FILING TENTATIVE
ASSESSMENT ROLL AND
TO HEAR GRIEVANCE IN
RELATION THERETO

PLEASE TAKE NOTICE that the year 2008 Tentative Assessment Roll will be filed February 1, 2008 with the Village Clerk, 80 Wheeler Avenue, Pleasantville, New York, where it may be seen and examined by any person at all times during business hours (8:30am-4:00pm). The Board of Trustees and the Assessor will meet for the purpose of completing such assessment roll and of hearing and determining grievances in relations thereto by any person(s) conceiving himself aggrieved thereby on Tuesday February 19, 2008, between the hours of 6:00pm to 9:00pm, at the Clinton Street Senior Center, 1A Clinton Street, Pleasantville, New York. The last filing date is February 19, 2008.

Village of Pleasantville
Pleasantville, New York 10570
Judith Weintraub
Village Clerk
Dated: February 6, 2008

Zoning Board of Appeals - Thur Feb 28 at 8:15pm

ZONING BOARD OF APPEALS
Thursday February 28, 2008
8:15PM
Village Hall located
80 Wheeler Avenue, 2nd Floor
Pleasantville, New York

AGENDA

1. Case No.2008-1– Mr. David Posner- Ms. Lori Shay – 38 Eastview Ave, Pleasantville, New York- Proposal to construct additions and associated improvements on-site in violation of section 185-36.B(1) schedule I “bulk requirements” regarding various bulk criteria and section 185-46.C.(2) “exceptions” which prohibits the expansion of a pre-existing non-complying building when the expansion increases the degree of existing building non-compliance thereof

2. Case No.2008-2 Mr. and Mrs. Gerald O’Hara – 201 Bedford Road, Pleasantville, New York- Proposal to construct an addition and associated improvements on-site in violation of section 185-36.B(1) schedule I “bulk requirements” regarding various bulk criteria and section 185-46.C.(2) “exceptions” which prohibits the expansion of a pre-existing non-complying building when the expansion increases the degree of existing building non-compliance thereof

3. Case No.2008-3 Mr. and Mrs. Michael Doherty – 22 Orchard Street, Pleasantville, New York- Proposal to construct additions and associated improvements on-site in violation of section 185-36.B(1) schedule I “bulk requirements” regarding various bulk criteria and section 185-46.C.(2) “exceptions” which prohibits the expansion of a pre-existing non-complying building when the expansion increases the degree of existing building non-compliance thereof

Board of Trustees Meeting - Mon Feb 11 at 8pm

REGULAR MEETING OF THE
BOARD OF TRUSTEES
VILLAGE OF PLEASANTVILLE
VILLAGE HALL
80 WHEELER AVENUE - 2ND FLOOR
MONDAY, FEBRUARY 11, 2008
8:30PM


Announcements

GRIEVANCE NIGHT, TUESDAY, FEBRUARY 19TH, 6:00PM TO 9:00PM AT THE CLINTON STREET SENIOR CENTER, 1A, CLINTON STREET, PLEASANTVILLE, NEW YORK

Scheduled Meetings: All meetings are held at Village Hall, 80 Wheeler Avenue, 2nd Floor, Pleasantville, New York

Monday, February 25, 2008 Regular Meeting 8:30pm with a Work Session at 7:00pm

Public Hearings
Continuation of a Public Hearing Regarding a Local Law Regulating For An Interim Period Certain Approvals in the Central Business A-1 and A-2 Zoning District of the Village of Pleasantville Pending Review and Completion of Amendments to the Village’s Zoning Law by the Board of Trustees

Resolutions:
Res. No. 2008-27-Approval of Pre-Check Register
Res. No. 2008-28-Approval of Minutes/January 28, 2008
Res. No. 2008-29-Approval of Pleasantville Day & Temporary Parking Restrictions
Res. No. 2008-30-Approval of Proposal for Repairs to Boiler Room Staircase
Res. No. 2008-31-Approval of Proposal for Engineering Services for Pedestrian Crossing at the Saw Mill River Parkway and Grant Street
Res. No. 2008-32-Approval of Proposal for Storm Water Management Requirements and Permit Compliance Activities
Res. No. 2008-33-Award of Tree Bid
Res. No. 2008-34-Authorizing Village Administrator to Accept RFP’s for
359 Bedford Road
Res. No. 2008-35-Approval of Budget Amendments
Res. No. 2008-36-Authorization to Undertake Work on State Highways

Planning Commission Meeting - Wed Feb 13 at 8pm

PLEASANTVILLE PLANNING COMMISSION MEETING

Wednesday, February 13, 2008
8:00 P.M., at Village Hall, 2nd Floor
80 Wheeler Avenue, Pleasantville, New York.

AGENDA

1. Frank Madonna – 201 and 501 Marble Avenue, Pleasantville, New York – Proposed site plan modifications/building modifications at 201-501 Marble Avenue, Pleasantville

Architecture Review Board Meeting (Dunkin Donuts, Residence Work, & Bud's Service Center) - Thur Feb 7 at 8pm

ARCHITECTURAL REVIEW BOARD
Thursday, February 7, 2008, 8:00pm @ Village Hall, 80 Wheeler. 3rd Floor

*AMENDED AGENDA

1. Dunkin Donuts – 2 Washington Avenue, Pleasantville, New York – Proposed signage and associated facade improvements – letter dated January 28, 2008 from Michael Mastrogiacomo, P.E. and amended drawings enclosed
Carried over from last month please bring past agenda packet

2. Dennis Santucci Contracting Corporation (contract vendee) – 112 Bedford Road, Pleasantville, New York – Proposal to demolition an existing single-family dwelling and reconstruct a new single-family dwelling on-site within the special character overlay district – Petition to Architectural Review Board and associated drawings enclosed

3. *Bud’s Service Station c/o Princeton Realty Group – 24 Marble Avenue, Pleasantville, New York – Proposal to modify building colors and sign – Letter dated January 28, 2008 from Edwin O. Elliott, Architect and amended drawings enclosed

Village Work Session with Trustees - Open to the Public - Mon Feb 4, 2008

WORK SESSION - Open to the public. Village Hall, 80 Wheeler, 2nd FL.
AGENDA
MONDAY, FEBRUARY 4TH 2008
7:30pm

EXECUTIVE SESSION

7:30PM Real Estate Proposals

9:30 PM MICELLANEOUS ITEMS

Moratorium for A-1 & A-2 Districts - Waiver Requests (2)
Modification of Cell Tower Site: NY-09-004H

Recommendations from Hahn Engineering for Pedestrian Crossing – Northwest Quadrant of Saw Mill River Parkway & Grant Street

Mistake Made in Approving Lease for Dunkin Donuts

Here is my update on the Dunkin Donuts arrival....

I spoke with Mike Testa, the building inspector, and found out that the Dunkin Donuts lease was categorized as a "bakery" and since is planned to have less than 8 seats, it was categorized as a non-fast food restaurant and did not need to receive a variance or change of use. This meeting was held on November 28, 2007. Since, the statue of limitation is 30 days, there is no appeals approach on this aspect of the proposed store. Just for clarification for everyone...

Facts

- there is no definition of the term "bakery", see section 185:11. Category determined by Mike Testa.

- Dunkin Donuts' own website under Press Releases categorizes Dunkin Donuts as "fast food"

- fast food restaurants are denied from being within 100' of an intersection, see section 185-2.

- due to increase of traffic volume, the comprehensive zoning plan to prevent and reduce traffic congestion should take effect, see section 7-704 article 7, section C)

- any interpretation or conflict of the zoning and ordinances, the more restrictive language should apply, see section 185-59, section B

Due to these facts, I believe a mistake was made by the town in granting Dunkin Donuts the rights to move into the location. Fortunately, the board of trustees have announced the formation of a business moratorium on the A1 & A2 central business districts until a new ordinance and zoning law is enacted.

-Ben Serebin

Business Moratorium for A1 & A2 Announced (business center near train station & old village center)

The Village Board of Trustees held a public hearing on January 28, 2008 at 8:30PM prevailing time, to accept comments on a proposed moratorium affecting the A1 and A2 business districts.

Moratorium is available from the Pleasantville Village Website
http://www.pleasantville-ny.gov/Home/I012995C6

I'm not concerned with eliminating national franchises in Pleasantville (since this would eliminate the majority of banks). A better approach is restricting "formula businesses". To simplify the explanation of this, it means that each business would need to be to a certain digress unique and could not be cookie cutter like, e.g. same signage, tables, lighting, menus, etc. This has been used in many places. I've linked to the City of Portland which has a formula business ordinance, a CA appeals court upholding a "formula retail ordinance", and a Zoning Newsletter documenting additional ordinances & terminology as well. So, we know it works.

Formula Business Ordinance - City of Portland, ME

http://www.newrules.org/retail/portland.html

California Court of Appeal Ruling in favor of Formula Retail Ordinance

http://www.newrules.org/retail/formularetailcourt.html

Zoning Newsletter about Formula Business Ordinance (in PDF) - Stephen Svete, AICP (American Institute of Certified Planners)

http://www.nh.gov/oep/resourcelibrary/referencelibrary/f/formulabusinessregulation/documents/zoningnewsmarch03.pdf

Tell your elected trustees, mayor, and your friends and neighbors to "vote" for the formula business ordinance plan.

Dunkin Donuts Signage - Attend the Upcoming Architecture Review Board Meeting & Voice your Opinion - Thu Feb 7 at 8pm

Attend and voice your concerns at the upcoming Architecture Review Board (aka ARB) to discuss signage for the Dunkin Donuts. The meeting is Thursday, Feb 7 at 8pm on 2nd floor of Village Hall. The first ARB meeting rejected the signage, so this is very important to attend and voice your opinion for or against.

Pleasantville Village Website Announcing ARB Meeting on Thu, Feb 7.
http://www.pleasantville-ny.gov/Pages/PleasantvilleNY_Calendar/S012AB6F3-012AB707

Make sure your neighbors are aware of what is going on. I think a petition would be a good start to make sure as many folks are aware as possible and to contact the village trustees & mayor to make sure it's clear what people's opinions are. The village is not aware of people's concerns, unless you express feedback. Don't be afraid, speak out!

Village Meeting - Update from January 14, 2008

Here are my updates from the village meeting. The landlord (part of a real estate company called Fred Strauss Inc[?]) and 2 others representatives of his were in attendance. Just so it's clear, Dunkin Donuts was approved for the building permit and inside work due to a rules that allows bakeries/deli with less than 8 seats. Exterior signage has NOT been approved. It was denied the 1st time around by the Architecture Review Board.

There were 2 attendees that spoke that were not in favor of Dunkin Donuts in it's current location. I spoke first during the open comment period and provided the board and village clerk and administrator a copy of the URL links I sent earlier regarding formula business ordinances and the solid legal ground they stand on. I explained to the board my concerns in 4 points. Just so it's clear, I'm not against Dunkin Donuts, but I do not think it's a wise location for the village due to the following reasons below. The other attendee raised concerns about how this would change the image of Pleasantville.

4 Points Against Dunkin Donuts (at that corner space across from Jacob Burns)

- increased illegal vehicular traffic along Manville (in light of the extensive traffic study that was completed and didn't address this)

- pedestrian crossing safety due to the illegal standing/parking on Manville

- loss of public parking and the financial benefit to a single private entity

- signage out of the norm for Washington (2 brightly internally illuminated signage - 1 on Manville & 1 on Washington)

Landlord and company presented during the work session (not televised)

- a # of rear access plans that could make the building prettier were presented.

- these would provide easy rear access to Dunkin Donuts, and additional businesses (e.g. Bookstore) for the landlord. Landlord asked for a partnership as expressed by a financial partnership with the village. This would result in a loss of public parking spaces and generate more vehicle traffic from the lot (if you've seen the other Dunkin Donuts, you'll know what I'm talking about). Additional, the traffic light is controlled by the state, so any change would need to be approved by them.

- the Dunkin Donuts shop will be the 2nd one for the franchisee owner in Pleasantville.

Clarifications from last night - New Business Moratorium In Place

- the new business approval moratorium as explained by Michael Testa today is for all businesses in A1 and A2 business central zones. Not just those identified last night. A1 is Pleasantville center, and A2 is the old village center. Also, since this moratorium was made public, all applications going forward except for open applications (e.g. Dunkin Donuts) will be rejected except on a case by case basis by the board.

Dunkin Donuts is moving in across from the Jacob Burns - Voice Your Opinion!

Att: Pleasantville Residents

Dunkin Donuts signed a lease for the corner commercial space directly across from the Jacob Burns theater in town. What is shocking is Pleasantville just completed a long term traffic study, and now the possibility of a store in that area could likely dramatically increase vehicular traffic to the downtime area (especially a busy area). And the most likely time for this dramatically increase in traffic will occur during the worst times, morning & afternoon commutes (e.g. coffee in the AM, and donuts at school release time). But, it is not too later, we can take action now! Also, there is already a Donuts Donuts in town (with better vehicular access). They are adding a 2nd Dunkin Donuts store. Their current location is on 505a Bedford Road, near the Subaru Car Dealership.

Landlord wants the following concessions
- asking the town remove some of the public parking in the lot behind the building for rear store access doors. Parking is already an issue, so this is not a wise idea.

Concerns About Dunkin Donuts on Manville Road & Washington Ave
- significantly increased vehicular traffic during rush hour commutes
- illegal car standing/parking along Manville Road

- reduced pedestrian safety on crossing Manville due to cars blocking (see above) drivers view of children crossing the street
- signage concerns outside the norm on Washington Ave & facing Jacob Burns

It's not too late to prevent this. Save our beloved and unique Westchester village by voicing your concerns at the upcoming meeting and your elected officials. There is a reason why our village is so special, let's keep it that way.

Your Concerned Neighbor,
-Ben Serebin