Frequently Asked Questions by Residents

Last Updated 2009.07.27

Upcoming/Recent Events
Farmer’s Market Opened - Sat, May 30th, 7:00am to 1:00pm, Memorial Plaza

Q: Do you know you can watch Board Meetings, School Meetings, and a number of other events live and recorded?
A: They are available via the PCTV76 website.

Q: What's going on with the run-down home at 55 Pleasant Avenue?
A: The County is considering donating the above dilapidated home for rehabilitation for middle class housing as managed by A-Home, a non-profit. The house would include an accessory apartment as well. This is allowed under Village Zoning ordinances (section 185-31). Currently, it's not on Village tax rolls and is an eye sore. So, this could be a win-win situation. There has been some local neighborhood negative feedback due to flood control and house size issues. This project is still in the planning phase.

Q: What is the status with Verizon FiOS TV service?
A: The board has been negotiating with Verizon almost on a daily basis as reported by the Mayor, and has requested the same deal offered to neighboring municipalities. Verizon has been extremely slow to respond. The Village TV station and other services are based on the tv fees, so it's important they are not cut. Once Verizon offers a "fair" amount, they will be welcomed into the community. Keep in mind, Verizon FiOS internet costs more than Cablevision's so I'm not sure it'll reduce everyone's cable costs.

Q: What is the status of the Church Street sidewalks?
A: At the Mon 5/18 board meeting, the board has hired a traffic engineering company (Adler) to look into the feasibility of sidewalks on Chruch Street. At the end of June 09, Adler should have their initial report ready. Board had been looking into what options exists from a traditional sidewalk to path.

Q: How can I ask a question?
A: Send an email to Ben Serebin. My email address is: ben "the @ symbol" serebin "dot" com.

Sunday, August 23, 2009

Loophole in the height variance rule and tax arrears for proposed construction

[As received by the Mayor via the Yahoo Groups and Kathleen Russo direct email regarding the proposed height variance by changing the ground around the house or property owners owing back taxes and requesting site/building projects. -Ben ]

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Sent: Thursday, August 13, 2009 9:42 AM

As discussed with Kathleen Russo at the board meeting and previously, the Village code does not currently include any clause that connects tax arrears to applications for site or building projects or for certificates of occupancy. So far as I know, the issue hasn't come up in the past...so it was never considered.

We are now discussing adding such a clause, but want to proceed carefully to be sure that what we propose is legal...and does not produce any unintended consequences.

P-

Peter Scherer, Mayor

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August 13, 2009

I am writing in response to the August 11th article in the Pleasantville Examiner regarding construction and variance applications for the Corey property at 119 Pierce Drive, Pleasantville.

The Past:

In April 2009 my husband and I received notice that Mr. and Mrs. Corey were requesting three variances.

A height variance because the present code for our district is thirty feet or 2 ½ stories, which ever is more restrictive.

A variance for a addition on west side of the property

A variance for a deck also on the west side of the property.

The reasons presented by Architect Frank Tancredi, for requesting the height variance were:

the proposed cost of up to $140,000 to make the necessary grade changes and construct retaining walls to change the present basement to a cellar. The reason for doing this is that a basement counts as a story, a cellar does not.

flooding concerns

aesthetic concerns, that the house which is on a hill, would appear to be on a pedestal.

There were discussions held with neighbors regarding planting trees to make the building less obtrusive but ultimately these discussions were unsuccessful.

At the May 28, 2009 Zoning Board of Appeals meeting an informal vote was taken and the height variance was denied . On July 20, 2009 I learned that the Corey’s have opted to change the grade and place retaining walls on their property.

There are three issues that need to be addressed.

1#1 Issue Height Variance

Mr. Testa , the Building Inspector has ruled that by changing the grade through bringing in dirt and building retaining walls, the Corey’s can change their basement to a cellar. As noted previously, a basement counts as a story, a cellar does not. It is my position that this ruling circumvents the zoning laws and that the next step in appealing this decision is to file an Article 78 with the Westchester County Court.

#2 Issue Failure to pay property taxes

Mr. and Mrs. Corey purchased their home in September 2005. As of July 30, 2009 they owed $11,000 in property taxes to the Village of Pleasantville. I contacted the Town of Mount Pleasant on July 28, 2009 and inquired about liens on 119 Pierce Drive. I was told that school taxes totaling approximately $11,000 were owed.

The Village Board and the Zoning Board of Appeals are aware of this situation. Presently, there is no law that prevents a property owner from applying for a variance, building permit and Certificate of Occupancy if they are delinquent in the payment of their property taxes.

Property owners who choose not to pay their taxes do so at the expense of their neighbors. Furthermore, I believe that it is fiscally irresponsible to allow persons who have not paid their property taxes to apply for building permits and variances to build additions. The proposed construction will result in an increased assessment for the Corey property. How can the village expect them to pay these increased taxes when they are delinquent in paying taxes from previous years?

#3 The future

It is my concern that, if this construction project proceeds as planned, my neighborhood will have a very large home on a flag lot with a very large tax bill. In the present real estate market such a property would be difficult, if impossible to sell.

Ultimately, properties with unpaid taxes are placed in foreclosure. In my opinion, a large, empty, unkempt house on Pierce Drive would not be an attractive addition to my neighborhood.

Kathleen C. Russo

54 Dogwood Lane

Pleasantville, New York 10570
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Village Board Regular Meeting Agenda 08/24/09

[As received by Village announcements. -Ben]

BOARD OF TRUSTEES
VILLAGE OF PLEASANTVILLE
VILLAGE HALL
80 WHEELER AVENUE - 2ND FLOOR
MONDAY, AUGUST 24, 2009
8:00PM

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

Regular Meeting Monday, September 14, 2009 at 8:00pm with a Work Session at 7:00pm

Regular Meeting Monday, September 21, 2009 at 8:00pm with a Work Session at 7:00pm

Public Hearing:
Continuation of a Public Hearing regarding a Local Law Amending Chapter 173 Vehicles & Traffic, Section 173-63, Schedule XV: Parking Prohibited Certain Hours/Weskora Avenue as follows:

Name of Street Side Hours/Days Location
Weskora Ave East 10am-11am from Pleasantville Road to Spring Street

Resolutions:
Res. No. 2009-162-Approval of Pre-Check Register
Res. No. 2009-163-Approval of Minutes
Res. No. 2009-164-Appointment of Peace Officer For Justice Court
Res. No. 2009-165-Extending Deadline for Recreation Center Request For Proposals
Res. No. 2009-166-Acknowledging Receipt of Justice Court Audit
Res. No. 2009-167-Authorization to sign Agreement for Lighting System Maintenance at
Parkway Field
Res. No. 2009-168-Authorizing Power of Attorney in Defense of a NYS Department of
Taxation and Finance Issue
Res. No. 2009-169-Approving a Proposal For a Topographic Survey on Church Street
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Village Board Work Session Agenda 08/24/09

[As received by Village announcements. -Ben]

WORK SESSION
AGENDA
MONDAY, AUGUST 24, 2009
80 WHEELER AVENUE
PLEASANTVILLE, NY 10570

7:00pm Miscellaneous Administrative Items
Replacement of Stone Masonry Wall/Bedford Road
Sims Subdivision /Approval of Plans
Zoning Code Revisions (per issues raised by Planning Commission & Zoning Board
Refuse District Capital Planning
Review of Crossing Guard Budget and Posts
Setting a New Policy for Applicants Appearing Before Various Boards
Setting Board Meeting Dates for Sept/Oct/Nov/Dec
Annual Schedule of Meetings/Presentations

8:00pm REGULAR MEETING

10:00pm EXECUTIVE SESSION
Cable Franchise Negotiations
Advice of Counsel - Re: Dedication of Roads
Personnel Matters
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Village Board Work Session Agenda 08/10/09

[As received by Village announcements. -Ben]

WORK SESSION
AGENDA
MONDAY, AUGUST 10, 2009
80 WHEELER AVENUE
PLEASANTVILLE, NY 10570

7:00pm Miscellaneous Administrative Items
Residential Parking on Restricted Streets/Police Chief
EPN Complaints of Trespassing/Police Chief
Review of Parking Fines/Police Chief
Assessor Software Recommendations/Assessor


8:00pm REGULAR MEETING


9:00pm Work Session Continued
Zoning Code Revisions (per issues raised by Planning Commission & Zoning Board
Refuse District Capital Planning
Review of Crossing Guard Budget and Posts
Setting a New Policy for Applicants Appearing Before Various Boards
Setting Board Meeting Dates for Sept/Oct/Nov/Dec
Annual Schedule of Meetings/Presentations by Department Heads,
Boards, Commissions and Community Groups


10:00pm EXECUTIVE SESSION
Litigation
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Village Board Regular Meeting Agenda 08/10/09

[As received by Village announcements. -Ben]

REGULAR MEETING OF THE BOARD OF TRUSTEES
VILLAGE OF PLEASANTVILLE
80 WHEELER AVENUE - 2ND FLOOR
MONDAY, AUGUST 10, 2009
8:00PM

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

Next Regular Meeting Monday, August 24, 2009 at 8:00pm with a Work Session at 7:00pm

Mayor’s Updates:
Draft Church Street Traffic Report
Virtual Town Hall Website Improvements
Verizon FIOS Update

Public Hearing
Continuation of a Public Hearing regarding a Local Law Amending Chapter 173 Vehicles & Traffic, Section 173-63, Schedule XV: Parking Prohibited Certain Hours/Weskora Avenue as follows:

Name of Street Side Hours/Days Location
Weskora Ave. East 10am to 11am From Pleasantville Road to Spring Street

Resolutions:
Res. No. 2009-154 Approval of Pre-Check Register
Res. No. 2009-155-Approval of Minutes/July 20, 2009
Res. No. 2009-156-Authorization to Sign Proposal for Weather-Proofing Recreation
Center/Hillman & Miley
Res. No. 2009-157-Authorization to sign Proposal for Assessor Software Upgrades
Res. No. 2000-158-Authorization to sign License Agreement with Lucy’s Martini Lounge for
Property Encroachment
Res. No. 2009-159-Authorization to sign Agreement with Westchester County Re: Roselle Park Neighborhood Improvement Project CBDG Grant
Res. No. 2009-160-Approval of Block Party Request
Res. No. 2009-161-Appointment of Peace Officer for Justice Court
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The Dunkin Donuts Corner (SPECIAL FEATURE) - Updated Last 2008.10.07

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Regular Announcements Below This - Scroll Down
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Tue 10/7 Update
Last week, Dunkin Donuts decided to hang up a traditional Dunkin Donuts sign violating the Signage Ordinance and the Architecture Review Board's agreement with the Donuts Donuts franchise owner, TBG. Numerous complaints were lodged with Village Hall and they demanded TBG immediately remove the illegal sign which they promptly did. TBG complained that the wood curved sign was taking too long, hence they broke the rules to advertise Dunkin Donuts.

Wed 9/10 Update
On Monday, 9/8 the Pleasantville Board of Trustees announced the following proposed amendments to the introductory local law 2008-181 which to summarize the major points improves upon the definition of what a restaurant is, prohibits drive-throughs for non-bank establishments, adds a new formula fast food establishment definition and restricts their establishment, and clarifies and restricts 1st floor permitted uses for professional services (e.g. legal services, architectural, brokerage firms, accounting, etc) in the central business districts. Public comment is open now. You can read the original document on the Village's website. Next public comment meeting is on the agenda for the Mon, October 27th meeting. Please provide feedback to the trustees and village administrator before then as well.

- Ben Serebin, Pleasantville Resident
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Hello Everyone,

The vast majority of the people I speak with are upset to hear about the planned Dunkin Donuts across from the Jacob Burns (2nd Dunkin Donuts in Pleasantville), so I realized it would be good if I had a special section dedicated to it. I'll update this area with Dunkin Donuts related issues which includes the business moratorium and ordinance changes.

This issue was caused by a ruling by the Pleasantville Building Inspector (Mike Testa) on 11/28/07 due to the lack of definition of the current zoning for a bakery (section 185:11, no definition of bakery), simplistic definition of a fast food restaurant (more than 8 seats with ready to consume food), "one hundred feet of the intersection" of any business street as per section 185-22 section 12 (a) [4], and "lack of applying the interpretation or conflict of the zoning and ordinances, the more restrictive language should apply" (section 185-59 section B). His consultation of a dictionary for defining what a bakery is should have been targeted to the board of trustees for clarification especially since most people would probably classify Dunkin Donuts as fast food (since the company labels it as such and so does the franchise owner). In essence, the application was a technique of a wolf in sheep's clothes. Challenges via a Zoning Board Appeal in section 185-55 or an article 78 to applications are required within 30 days, which was not available to me since I became aware of this after that period.

There is a solution that we can promote to prevent uncontrolled increases of fast food businesses and franchises in Pleasantville, and it's called Business Formula Ordinances (BFOs). To summarize the explanation of this, it means that each business would need to be to a certain degree unique and could not be cookie cutter like, e.g. same trademark, signage, tables, lighting, menus, uniforms, etc. The BFOs can be as restrictive (e.g. no businesses sharing trademarks, menus, signage, etc) or accommodating as desired (e.g. capping the # in an area or entire business district, such as up to 5 business allowed in the village sharing trademarks, menus, signage, etc). Traffic safety should also play a role in approving businesses in Pleasantville.

Read the following PDFs or websites just by clicking the links:
Original Building Permit Application filed by T.B.G. Food Acquisition Corp (aka Dunkin Donuts owner Manhattan based private equity firm The Beekman Group L.L.C.) on November 25, 2007. There are mistakes on the application and the identity of the signature of the owner is unknown even to Mike Testa (building inspector).

Background on The Beekman Group Private Equity Firm and TBG as per Westchester County Business Journal interview with John Troiano and Peter Marrinan. Peter has attended at least one Pleasantville meeting. Or read it on the Westchester County Business Journal website.

The Examiner Article of March 10, 2008 announcing the Pleasantville Downtown Business Moratorium and "know your Neighbor" highlight of Ben Serebin.

The New York Times Article on May 25, 2008 "Punching a Hole in Paradise" about the planned Dunkin Donuts and use of Formula Businesses. Interview with Mayor Bernard Gordon and Pleasantville Resident Ben Serebin. Or read it on the NY Times website.

Pleasantville Zoning Map of Business Districts (A1 & A2) Affected by Business Moratorium.

[Provided to Pleasantville Board of Trustees during May 19, 2008 meeting & Westchester County Legislator John Nonna who was present]
List of some Municipalities that have Implemented Formula Business Ordinances (e.g. Port Jefferson NY, Fairfield CT, Bristol RI, Chesapeake City MD, Nantucket MA, Portland ME, Ogunquit ME, Coronado CA, Pacific Grove CA, San Francisco CA, Sanibel FL, Sauslito CA, & York ME to name a few.

Formula Business Ordinance upheld by California Court of Appeals

[Provided to Pleasantville Board of Trustees during May 19, 2008 meeting & Westchester County Legislator John Nonna who was present]
Port Jefferson, NY (on Long Island) Business Formula Ordinance (BFO) Code (I've provided the exact sections that discuss the BFO.)

City of Portland, ME's BFO Code. This is a good example like the Port Jefferson, NY code.

Pleasantville, NY Local Law code for Signage as of Jan 2008

Dunkin Donuts Website Press Release announcing that Dunkin Donuts received the award of "Best Fast-Food Coffee" - maybe they are a fast food franchise company?

-Ben Serebin, Pleasantville Resident
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