HomeMy WebLinkAbout2015-11-24 - Board of Trustees Meeting Minutes VILLAGE OF RYE BROOK
BOARD OF TRUSTEES MEETINGS
VILLAGE HALL, 938 KING STREET
TUESDAY, NOVEMBER 24, 2015 — 7:30 p.m.
AGENDA
PLEDGE OF ALLEGIANCE
REPORT/PRESENTATIONS
AFFORDABLE HOUSING
PUBLIC HEARINGS
RESOLUTIONS:
1) Considering referral to the Village of Rye Brook Planning Board and setting a
public hearing on a request for a five year extension of the wetlands permit
approval for Phase 3 of the Reckson Executive Park
2) Considering the approval of minutes from the meetings of October 13, 2015,
October 27, and November 10, 2015.
ADMINISTRATOR'S REPORT
OLD BUSINESS
NEW BUSINESS
DISCUSSION ITEM:
1) Village Code re: Trees with respect to solar panel installations
EXECUTIVE SESSION:
1) Litigation; Save the Sound
2) IMA Negotiation with Westchester County re: Sanitary Sewers
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November 24,2015
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ACTION ON NON-AGENDA MATTERS SUBJECT TO THE CONSENT OF THE
TRUSTEES PRESENT AT THE MEETING
THE NEXT SPECIAL AND REGULAR TRUSTEES MEETINGS: December 15, 2015
BOARD: Trustee Susan R. Epstein
Trustee David M. Heiser
Trustee Jeffrey B. Rednick
Mayor Paul S. Rosenberg
Excused: Trustee Jason A. Klein
VILLAGE STAFF: Christopher Bradbury, Village Administrator
Sarah Bledsoe, Assistant to the Village Administrator
Edward Beane, Esq., Village Counsel
Michel Nowak, Superintendent of Public Works
Fred Seifert, Public Access Coordinator/IT
Paula Patafio, Meeting Secretary
Mayor Paul Rosenberg welcomed everyone to the Tuesday, November 24, 2015 Board of
Trustees meeting. He noted that Trustee Jason Klein was excused from the meeting.
Mayor Rosenberg called for the first item on the agenda:
RESOLUTIONS:
1) Considering referral to the Village of Rye Brook Planning Board and
setting a public hearing on a request for a five year extension of the
wetlands permit approval for Phase 3 of the Reckson Executive Park
Mr. Bradbury read the following resolution:
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November 24,2015
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CONSIDERING REFERRAL TO THE VILLAGE OF RYE BROOK PLANNING
BOARD AND SETTING A PUBLIC HEARING ON A REQUEST FOR A
FIVE YEAR EXTENSION OF THE WETLANDS PERMIT APPROVAL
FOR PHASE 3 OF THE RECKSON EXECUTIVE PARK
VILLAGE OF RYE BROOK BOARD OF TRUSTEES
WHEREAS, Sun Homes (the "Applicant"), as authorized by property owner Reckson
Operating Partnership L.P., submitted a request to the Village of Rye Brook Board of Trustees
for a five (5) year extension of the Wetland Permit Approval for Phase 3 of the Reckson
Executive Park on property located at 1100 King Street, Rye Brook, New York, which also is
known and designated on the Tax Assessment Map of the Village of Rye Brook as Section 1,
Block 3, Lots 2, 3 and 4 (the "Property"); and
WHEREAS, the Board of Trustees was the approval authority at the time the original
Wetland Permit was issued on August 8, 2000 and therefore continues to have authority to grant
or deny an extension of the Wetland Permit Approval; and
WHEREAS, the Board of Trustees was the approval authority at the time the original
Wetland Permit was issued on August 8, 2000 and therefore continues to have authority to grant
or deny an extension of the Wetland Permit Approval; and
WHEREAS, as per the Board of Trustees' resolution dated December 14, 2010 granting
the previous five (5) year extension of the Wetland Permit Approval, such Approval is set to
expire at 11:59 p.m. on December 14, 2015; and
WHEREAS, the Applicant now requests a further extension of the Wetland Permit
Approval to December 15, 2020; and
WHEREAS, Village Code §245-5.A(8) requires a request for a Wetland Permit renewal
to follow the same procedure as for the issuance of the permit.
NOW, THEREFORE, BE IT RESOLVED,the Board of Trustees of the Village of Rye
Brook hereby refers the request for a five (5) year extension of the Wetland Permit Approval for
Phase 3 of the Reckson Executive Park to the Planning Board for report and recommendation.
BE IT FURTHER RESOLVED, that the Board of Trustees of the Village of Rye Brook
will hold a public hearing on December 15, 2015 at 7:30p.m. at Village Hall, 938 King Street,
Rye Brook, New York to consider the requested five (5) year extension of the Wetland Permit
Approval for Phase 3 of the Reckson Executive Park.
BE IT FURTHER RESOLVED, that the Applicant is hereby directed to comply with
Section 250-40 of the Village Code regarding notification for the public hearing.
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November 24,2015
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BE IT FURTHER RESOLVED, that the Board of Trustees considers the Applicant's
request to have been timely made and any extension granted after the expiration of the Wetland
Permit Approval at 11:59 p.m. on December 14, 2015 will be granted nunc pro tunc.
William Null, Esq., legal counsel for the applicant, addressed the Board. He noted that
the wetlands permit is expiring and needs to be extended so that the work can be
completed.
On a motion made by Trustee Susan Epstein, and seconded by Trustee David Heiser, the
resolution was adopted.
Sarah Bledsoe, Assistant to the Village Administrator, called the roll:
Trustee Susan Epstein voting aye
Trustee David M. Heiser voting aye
Trustee Jeffrey Rednick voting aye
Mayor Paul Rosenberg voting aye
2) Considering the approval of minutes from the meetings of October 13,
2015, October 27, and November 10, 2015.
Mayor Rosenberg, with the consensus of the Board, put the review of the minutes off to
the next meeting:
ADMINISTRATOR'S REPORT
Mr. Bradbury noted that the recent blood drive went very well. He thanked Shari Melillo
for her hard work and noted that the drive was in memory of Joey Touri. 98 people
showed up and 77 people gave blood.
The leaf program is on its down swing now. The Highway Department has done a great
job. A large amount of leaves came down in a very short time, and the Highway
Department was able to keep up. The leaf program began on October 1, 2015 and will
run thru the third week in December.
The next Solarize Westchester meeting is scheduled for Monday, November 30, 2015 at
Village Hall. There will be a presentation and all residents are encouraged to come.
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November 24,2015
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There has been a great turn out so far and interest in this program is high. More
information can be found on the Village's Website.
Mr. Bradbury noted that he and Mr. Michel Nowak, Superintendent of Public Works,
attended a meeting in Greenwich. Traffic issues have existed on the property line
between New York and Connecticut. This was a positive meeting.
Rye Brook will be holding a Winter Festival on Friday, December 4, 2015 from 5:00
p.m. to 9:00 p.m. at Pine Ridge Park. Staff has been working hard to plan this new event
for Rye Brook, and everyone is invited.
Mayor Rosenberg also thanked the Highway Department for the great job they have done
this year with the leaf program.
Mayor Rosenberg noted that he has received calls from residents reporting vendors who
are going door-to-door about solar panels. No vendor is allowed to go door-to-door in
Rye Brook without a permit. Only not-for-profit agencies do not need a permit. If you re
approached by a commercial peddler, ask to see their permit. If they do not have one,
call 914-937-1020 and report the incident. Mr. Bradbury noted that at this time only one
vendor and one not-for-profits have permits to canvass Rye Brook.
Mayor Rosenberg called for the discussion item on the agenda:
DISCUSSION ITEM:
1) Village Code re: Trees with respect to solar panel installations
Mayor Rosenberg stated that Trustee Susan Epstein put this matter on the agenda for
review by the Board. He noted that this would be a good topic of discussion for Trustee
Jason Klein who was not in attendance.
Trustee Epstein noted that as part of the process of installation of solar panels some trees
are removed. These trees could be ones that Rye Brook's Code does not allow removal of
or ones that are on the Protected Tree List. Tree Removal is a review process where the
health of the tree, vicinity to structures and overall safety are reviewed prior to permitting
a tree to be removed.
Mayor Rosenberg asked legal counsel if the Village could craft a tree removal policy that
would allow trees to be removed for the installation of solar panels. Edward Beane, Esq.,
Village Counsel said the Village could try but the idea is to not hurt the intent. He
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offered to review other communities to see if anyone has a program in place. Many
municipalities only monitor street tree removal. Mr. Bradbury suggested reaching out to
Sustainable Westchester for their viewpoint.
Mayor Rosenberg noted that the tree removal and the effect to the environment must be
weighed against the benefit of the solar panels. This is Trustee Klein's area of expertise
and he suggested adjourning the discussion to the next Board of Trustees meeting.
Trustee Jeffrey Rednick noted that if a tree is large and tall enough to block a solar panel,
then its removal could have an effect on the environment. Also, another issue is how
many of these trees need to be removed.
Trustee David Heiser noted that unless there is proof that solar panels do more for the
environment than trees, other companies will start coming in with tree removal requests.
Mayor Rosenberg noted that he would reach out to Trustee Klein.
Trustee Heiser noted that people move to Rye Brook for the openness and the trees.
Removing all of the trees would make Rye Brook like living in New York City.
Mayor Rosenberg called for comments and questions from members of the public. There
being no comments he noted that the next Board of Trustees Meeting is scheduled for
December 15, 2015. It is the only one in December, and the last Board meeting of the
year.
On a motion made by Trustee Epstein, and seconded by Trustee Heiser, the meeting was
adjourned and the Board entered into an Executive Session.
Ms. Bledsoe called the roll:
Trustee Susan Epstein voting aye
Trustee David M. Heiser voting aye
Trustee Jeffrey Rednick voting aye
Mayor Paul Rosenberg voting aye
There being no further business before the Board, the meeting was adjourned at 7:56 p.m.
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November 24,2015
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