WHEREAS, the Village of Pleasantville has proposed to reconstruct the Village Pool located at Nannahagan Park on Village-owned property located at 232 Lake Street and designated on the Tax Map as Section 106.12, Block 1, Lot 1; and

WHEREAS, the project includes demolition and reconstruction of the Village Pool and the installation of drainage improvements including a new culvert and related improvements (“Proposed Action” or “Project”); and

WHEREAS, the Proposed Action is classified as an Unlisted action pursuant to the State Environmental Quality Review Act (“SEQRA”); and

WHEREAS, the Project is located in the Village’s RRR (One-Family Residential) Zoning District and is a permitted use in such District; and

WHEREAS, the Project includes more than 15 cubic yards of disturbance to the 50-ft buffer area surrounding the Nanny Hagan Brook and therefore requires a Wetland Permit from the Village Planning Commission pursuant to Chapter 182 of the Village Code; and

WHEREAS, pursuant to Matter of County of Monroe, 72 N.Y.2d 338 (1988), and its progeny, the Board of Trustees is authorized to exempt the municipal Project from otherwise applicable Village land use requirements and regulatory review by other boards within the Village.

NOW THEREFORE, BE IT RESOLVED, that the Board of Trustees analyzed and duly deliberated upon the following factors, as set forth in the County of Monroe, and finds as follows with respect to the Project:

1.    The nature and scope of the instrumentality seeking immunity.

a.   The Village of Pleasantville is a municipal corporation duly organized under the laws of the State of New York.

b.   The Village Board of Trustees has sole authority to reconstruct, rehabilitate, furnish and equip public parks facilities within the Village.

2.   The kind of function of land use involved.

a.   The Project involves demolition and reconstruction of an existing public public swimming pool, including certain drainage improvements to address flooding conditions along the Nanny Hagan Brook.

3.   The extent of the public interest to be served thereby. 

a.   The Project will serve the public interest by modernizing and upgrading the public swimming pool which is at the end of its useful life.

b.   The Project will also serve the public interest by implementing new drainage infrastructure to address existing flooding conditions at the Property along the Nanny Hagan Brook.

4.   The effect of local land use regulation would have upon the enterprise concerned and impact upon legitimate local interests.

a.   The subject property is owned and controlled by the Village.  The governmental use is permitted in the RRR District.  The proposed disturbance within the 50-ft buffer area around the Nanny Hagan Brook would require a Wetland Permit from the Village Planning Commission.  Transferring the approval authority from the Village Planning Commission to the Village Board of Trustees will maintain the same level of review for the application but will serve to streamline the review process thereby resulting in a more efficient process. 

5.   Applicant’s legislative grant of authority.

a.   In general, New York State Village Law §4-412 confers on the Village Board of Trustees the power to manage village property and finances.  The Project is located on Village property. 

6.   Alterative locations for the facility in less restrictive zoning areas.

a.   The Project is in a zoning district that permits the proposed use.  The Village Pool has existed at the Property since the 1930’s.  The Project would replace the existing pool which is at the end of its useful life.  There are no feasible alternative locations in less restrictive zoning areas. 

7.   Alternative methods of providing the needed improvement.

a.   Alternative methods of providing the needed improvement would include acquisition of additional land by the Village which may not be fiscally feasible or a responsible use of Village funds. The project will modernize and upgrade the Village pool and provide needed drainage improvements at the Nanny Hagan Brook.

8.   Intergovernmental participation in the project development process.

a.   The Village has consulted with and/or notified the NYS Department of Environmental Conservation, US Army Corp of Engineers and Westchester County Department of Health, concerning various aspects of the Project.

9.   An opportunity to be heard.

a.   The Village Board of Trustees discussed various aspects of the Project at duly noticed regular meetings of the Board including November 13, 2023 and November 27, 2023. As approval authority for the Wetland Permit application, the Village Board intends to hold a public hearing at which time all those interested will have the opportunity to be heard. 

BE IT FURTHER RESOLVED, that for the reasons stated herein, and after duly analyzing the Monroe Balancing Test, the Village Board of Trustees hereby determines that the approval authority for the Village Wetland Permit associated with the Project shall be transferred from the Village Planning Commission to the Village Board of Trustees.

BE IT FURTHER RESOLVED, that the Village Board of Trustees shall retain authority to review and revise the proposed plans as it deems necessary for the best interests of the Village.

BE IT FURTHER RESOLVED, that the Village Board of Trustees will hold a public hearing on the Wetland Permit application for the Project on December 11, 2023 at 8:00 p.m., at Village Hall, 80 Wheeler Avenue, Pleasantville, New  York, and via videoconference, with respect to the Wetland Permit application for the Project, which public hearing will include opportunities for interested members of the public to provide written and oral comments on the Wetland Permit application.