HomeMy WebLinkAbout2015-10-27 - Board of Trustees Meeting Minutes VILLAGE OF RYE BROOK
BOARD OF TRUSTEES MEETINGS
VILLAGE HALL, 938 KING STREET
TUESDAY, OCTOBER 27, 2015
AGENDA
7:00 P.M. —EXECUTIVE SESSION
7:30 P.M. —REGULAR MEETING
PLEDGE OF ALLEGIANCE
REPORT/PRESENTATIONS
AFFORDABLE HOUSING:
1) Public hearing and resolution considering a request for extension of
FAH zoning map amendment, application for subdivision approval and
application for amended site plan approval for property located at 80
Bowman Avenue
PUBLIC HEARINGS:
1) Considering a local law to amend Chapter 240 of the Village of Rye
Brook code governing vehicles and traffic; to prohibit parking on
certain portions of Barber Place
RESOLUTIONS:
1. Considering a local law to amend Chapter 240 of the Village of Rye
Brook code governing vehicles and traffic; to prohibit parking on
certain portions of Barber Place
2. Considering a budget transfer for Pine Ridge Park LED Sign and police
desk renovations
3. Considering designating polling locations and hours for the Village
Election on March 15, 2016
4. Considering requesting the Town of Rye join the Energy Improvement
Corporation (EIC)
Board of Trustees Meeting
Tuesday, October 27, 2015
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5. Considering the approval of minutes from the meetings of May 12,
August 18, September 9, September 24, and October 13, 2015.
6. Considering authorizing the use of Village Streets for the Tamarack
Tower Foundation Thanksgiving Day Turkey Trot
ADMINISTRATOR'S REPORT
OLD BUSINESS
NEW BUSINESS
DISCUSSION ITEM
1) Discussion of Expired Building Permit Fee ($750)
ACTION ON NON-AGENDA MATTERS SUBJECT TO THE CONSENT
OF THE TRUSTEES PRESENT AT THE MEETING
THE NEXT SPECIAL AND REGULAR TRUSTEES MEETINGS
November 10 and November 24, 2015
BOARD: Trustee Susan R. Epstein
Trustee David M. Heiser
Trustee Jason A. Klein
Trustee Jeffrey B. Rednick
Mayor Paul S. Rosenberg
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, October 27, 2015
Board of Trustees meeting.
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Tuesday, October 27, 2015
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Mayor Rosenberg noted that the first item on the agenda, the Public Hearing on
Affordable Housing, and the public hearing on restricting parking on Barber Place
and the first Resolution were all tied together.
AFFORDABLE HOUSING:
1) Public hearing and resolution considering a request for extension of FAH
zoning map amendment, application for subdivision approval and
application for amended site plan approval for property located at 80
Bowman Avenue
PUBLIC HEARINGS:
1) Considering a local law to amend Chapter 240 of the Village of Rye Brook
code governing vehicles and traffic; to prohibit parking on certain portions
of Barber Place
On a motion made by Trustee Jeffrey Rednick, and seconded by Trustee Susan
Epstein, the public hearing on affordable housing was declared open.
Sarah Bledsoe, Assistant to the Village Administrator, called the roll:
Trustee Susan Epstein voting aye
Trustee Jason Klein voting aye
Trustee David M. Heiser voting aye
Trustee Jeffrey Rednick voting aye
Mayor Paul Rosenberg voting aye
On a motion made by Trustee Epstein, and seconded by Trustee Jason Klein, the
public hearing regarding traffic and parking on Barber Place was declared open.
Sarah Bledsoe, Assistant to the Village Administrator called the roll:
Trustee Susan Epstein voting aye
Trustee Jason Klein voting aye
Trustee David M. Heiser voting aye
Trustee Jeffrey Rednick voting aye
Mayor Paul Rosenberg voting aye
Board of Trustees Meeting
Tuesday, October 27, 2015
Page 3 of 15
Mr. Christopher Bradbury, Village Administrator, noted that this project goes back
several years. He gave an overview, noting that the project was approved, the lots
were merged, and the FAH was applied to the property. For various reasons the
applicant decided not to move forward with that project. They came back before
the Board with a mixed used application. That project was also abandoned. The
second project was abandoned in response to the Westchester County Department
of Planning who was in favor of the affordable housing project. In order to address
the issue of saleability, the applicant has requested a small enlargement of the
units. Another part of the application being reviewed is the widening of Barber
Place.
Mr. Bradbury noted that the FAH zoning map amendment is being extended,
along with the subdivision.
Mr. Anthony Federico, the architect for the applicant, reviewed the plans. He
noted that there are two existing houses on the south end of Barber Place that will
be demolished. The project plans have been amended and the double sidewalk in
the front of the proposed buildings has been eliminated and the landscaping has
been extended. The buildings are being made larger. The total amount of square
footage being increased per unit is 465 square feet. The buildings will meet the
state regulations regarding fire proofing, and will be sprinklered. The applicant
was informed that to meet the State Fire Code Barber Place needed to be widened
to allow for fire truck access. Mayor Rosenberg pointed out that an additional
change would be the loss of three (3) parking spaces in the beginning of Barber
Place, as you turn from Westchester Avenue. He called for members of the
public wishing to address the Board.
The owner of 72 Bowman Avenue, the corner of Bowman and Barber Place,
addressed the Board. Removing the parking spaces will cause a problem for the
current residents of Barber Place. These are two family homes, and the tenants
require off street parking, and parking is hard to come by in this area. In the
winter, with the alternate side of the street parking, it is worse. The residents from
Franklin Street come over and park on Barber Place. During the day the workers
in the area all take the spaces. He was also confused why the project is referred to
as 80 Bowman Avenue when two of the lots are on Barber Place. He felt that the
entrance and exits should be on Bowman Avenue and not on Barber Place to
lessen the impact to Barber Place.
Mr. Bradbury noted that the lots are merged and the address of the project will be
the first lot, which fronts Bowman Avenue.
The owner of 98 Barber Place, Tony, also addressed the Board regarding parking.
He stated that removing parking spaces is a problem. During the day there is no
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Tuesday, October 27, 2015
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parking at all because the people who work in the area park on Barber Place. The
entire street of Barber Street is two family houses. There is limited parking now,
and when the winter regulations go into effect it is much worse. Taking away
three (3) more spaces is unfair and makes it difficult for the home owners to rent
their apartments.
Mr. Bradbury noted that the street must meet the State Fire Access regulations.
The Village is reacting to the proposal in front of them. The project cannot be
approved as designed without meeting the State regulations.
Mr. Federico pointed out that the currently Barber Place is 19' and it will be
widened by the applicants to 21'. A parked car takes away from the width
requirement. Any street that has anything more than one or two family houses has
this emergency access requirement. The State Fire Code is being applied. Fire
apparatus need more than a 20' turn radius to make the turn onto Barber Place.
Mayor Rosenberg asked if anything could be done to make the project compliant
with the Code without removing the parking spaces.
Mr. Federico noted that a parking space requirement is a 9' wide space. Cars are
typically 6 to 6 1/2 feet wide. The road would need to be 29' in width in order to
meet the Code. The applicant cannot give up another 8' as this would mean losing
the landscaping and sidewalks in the front of the buildings. Ms. Marilyn Timpone
Mohamed, Village Consultant, noted that the applicant has agreed to widen the
street and has provided an access road in the rear of the buildings. The Board
discussed the possibility of adding three parking spaces for the current residents on
the applicants' property.
Trustee Epstein noted that this application only has one side of the street parking.
She asked how wide Bellefair Road was. Michal Nowak, Superintendent of
Public Works, responded that Bellefair Road was a one way street. This project
differs because the homes being constructed are not considered one or two family
homes.
The Board discussed various options and scenarios. Mr. Federico suggested
switching the parking to the opposite side of the street. Current there are three
driveways in-between the parking spaces. The opposite side will only have the
one driveway for the units. For the record, Mr. Madonna noted that there is an
entrance on Bowman Avenue, and an entrance/exit on Barber Place.
Mayor Rosenberg noted by flipping the parking to the opposite side of the road
you pick up parking spaces. The three (3) driveways should equate to three (3)
parking spaces. The applicant will now be required to draw up plans for the
parking.
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Tuesday, October 27, 2015
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The owner of 98 Barber Place addressed the Board requesting a clear explanation
of where the parking would be moved to. Mr. Federico showed members of the
public where the additional parking would be gained using the plans for the
project. There is now only parking on one side of the street. Unfortunately
Franklin Street has winter rules in effect and the residents of Franklin Street park
on Barber Place during the winter months. Mayor Rosenberg noted that at least
two spots are being picked up where three are being removed by switching the
side of the street that parking will be allowed on.
Mr. Bradbury stated that the local law would need to be modified. Mr. Federico
would need to provide the number of spaces that will be gained and the matter can
be placed on the agenda for the next Board of Trustees meeting.
A resident of Barber Place noted that this street is used as a cut thru and cars speed
down it. He asked that the speed be reduced or speed bumps be installed. Mayor
Rosenberg noted that police presence could be increased.
Mr. Madonna noted that there was a meeting earlier this morning with the County.
They are looking to move ahead. Mr. Bradbury noted that once the public hearing
is closed the plan can no longer be modified. The next Board meeting is
November 10th and adjourning to that meeting will cause a slight delay. The
applicant does not want to lose the funding. Mayor Rosenberg noted that the
Village can reach out to the County to accommodate the change that has now been
suggested. Attorney Beane, Village Counsel, noted that the public hearing must
stay open. The local law for the parking must be in place in order to act.
Mr. Federico stated that a word to the County from the Village will help. The
th
public hearing will remain open until November 10
Mr. Federico noted that there are 24 on-site parking spaces for 16 units. This
meets the Village Code.
The owner of 72 Bowman Avenue asked what the distance of the no parking
zoning zone entering Bowman Avenue would be. The response was from the
corner to the driveway of 80 Bowman, but the tenants will now be able to park
across the street and that will gain the spaces lost by the no parking zone.
Mr. Federico will layout how many spaces are currently available and how many
spaces will be created moving the parking across the street.
On a motion made by Trustee Epstein, and seconded by Trustee Heiser, the first
public hearing was adjourned to November 10, 2015.
The roll was called:
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Tuesday, October 27, 2015
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Trustee Susan Epstein voting aye
Trustee Jason Klein voting aye
Trustee David M. Heiser voting aye
Trustee Jeffrey Rednick voting aye
Mayor Paul Rosenberg voting aye
On a motion made by Trustee Epstein, and seconded by Trustee Heiser, the second
public hearing was adjourned to November 10, 2015.
The roll was called:
Trustee Susan Epstein voting aye
Trustee Jason Klein voting aye
Trustee David M. Heiser voting aye
Trustee Jeffrey Rednick voting aye
Mayor Paul Rosenberg voting aye
Mr. Bradbury noted that the second public hearing to amend Chapter 240 of the
Village of Rye Brook Code will also remain open so that Mr. Federico can provide
a plan with the proposed parking. The Village will reach out to the County with a
status report.
Mayor Rosenberg welcomed Senator George Latimer who addressed the Board.
He noted that it was 60 days before the beginning of the legislative session in
Albany. The bill reauthorizing the hotel tax for Rye Brook will be presented and
there should be no problem in having this bill passed. He asked if there were any
other issues that the Village needed addressed at this time. He stated that new bills
are considered mid-to-late January.
Mayor Rosenberg thanked Senator Latimer for his assistance.
RESOLUTIONS:
1) Considering a local law to amend Chapter 240 of the Village of Rye Brook
code governing vehicles and traffic; to prohibit parking on certain portions
of Barber Place
Mr. Bradbury noted that this resolution was adjourned to November 1011'
Board of Trustees Meeting
Tuesday, October 27, 2015
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Mayor Rosenberg called for the next item on the agenda.
2) Considering a budget transfer for Pine Ridge Park LED Sign and police
desk renovations
Mr. Bradbury read the following resolution:
RESOLUTION
CONSIDERING BUDGET TRANSFERS
BE IT RESOLVED that the proposed budget transfers are hereby approved:
From:
Contingency $6,500
To:
Police Desk Renovations (Capital) $6,500
TOTAL $6,500
From:
Contingency $6,000
To:
101.1620.445 - Village Hall Repair $6,000
TOTAL $6,000
Board of Trustees Meeting
Tuesday, October 27, 2015
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Mr. Bradbury noted that the LED sign in Pine Ridge Park is directional sign. The
sign has been designed and the transfer will cover the sign. The second project is
renovations to the police desk. Almost $10,000 was paid to the consultants. The
project requires an additional $6,500.00. The Village is looking to extend the
work area. There are additional renovations that are needed and they will be
discussed next year which include renovations to the bathrooms in the holding
cells. These are expensive toilets because they are special toilets for the holding
cells.
Richard Guttner from Mohegan Lane addressed the Board. He noted that the Pine
Ridge Park is in the middle of a residential section of the Village. He felt that the
Village did not need an LED sign directing people to the fields. There are only
two fields. If you go to the wrong one, you move over to the second field.
Mr. Bradbury stated that there are scoreboards in the park and they are operable.
The signs are to be used during the day, and not at night.
Mayor Rosenberg noted that the Recreation Department will control the sign. The
Village can control when the sign is on. There is a similar sign proposed for the
shopping center. Mr. Guttner felt that the residents should be consulted about the
sign installation. This sign affects the character of the neighborhood. Mayor
Rosenberg noted that two budget workshops and a public hearing were held. Mr.
Guttner noted that this park is a very passive place. This is a big change to the
way the park looks now and this decision deserved more than being a line item on
the budget and discussed at a budget workshop.
Trustee Heiser attempted to ascertain if the rejection to the sign was the feeling
that the amount of money to be spent was frivolous or if it was an aesthetic reason.
Trustee Rednick asked that the sign outside of the Rye Ridge Shopping Center be
installed first. This sign is a community sign. This would allow residents to see
what it would look like before installing it at the Park. Trustee Heiser agreed with
Trustee Rednick as this would give residents a rough idea of what the sign would
look like. Then the Board could revisit the Pine Ridge sign installation. The
decision was to not move ahead with the Pine Ridge sign at this time.
On a motion made by Trustee Susan Epstein, and seconded by Trustee David
Heiser, the resolution was adopted, as amended.
The roll was called:
Board of Trustees Meeting
Tuesday, October 27, 2015
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Trustee Susan Epstein voting aye
Trustee Jason Klein voting aye
Trustee David M. Heiser voting aye
Trustee Jeffrey Rednick voting aye
Mayor Paul Rosenberg voting aye
3) Considering designating polling locations and hours for the Village
Election on March 15, 2016.
Mr. Bradbury read the following resolution:
RESOLUTION
DESIGNATING POLLING LOCATIONS AND HOURS FOR THE
VILLAGE ELECTION ON MARCH 15, 2016
RESOLVED, that voting machines owned by the County of Westchester shall be
used at the next Village Election to be held Wednesday, March 15, 2016; and be it further
RESOLVED, that if said voting machines are not available, the Westchester
County Board of Elections has the authority to change to the use of paper ballots; and be
it further
RESOLVED, that the polls in each of the nine Election Districts in the Village of
Rye Brook shall be opened at 6:00 AM in the morning and remain open until 9:00 PM in
the evening of said day; and be it further
RESOLVED, that the polling places be hereby designated for the respective
Election Districts as follows:
Election District 420-Port Chester Middle School- 113 Bowman Avenue
(Main Lobby)
Election District 421-Port Chester Middle School- 113 Bowman Avenue
(Main Lobby)
Election District 422-Blind Brook High School- 840 King Street(Main Lobby)
Election District 423-Ridge Street School- 390 North Ridge Street(Gymnasium)
Election District 426-Port Chester Senior High School- 1 Tamarack Road
(Main Lobby off Neuton Avenue)
Election District 427-Ridge Street School- 390 North Ridge Street(Gymnasium)
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Tuesday, October 27, 2015
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Election District 429-Ridge Street School- 390 North Ridge Street(Gymnasium)
Election District 430-Blind Brook High School- 840 King Street(Main Lobby)
Election District 43 1-BelleFair Meeting House 24 BelleFair Blvd. (Main Lobby)
On a motion made by Trustee Susan Epstein, and seconded by Trustee David
Heiser, the resolution was adopted.
Ms. Bledsoe called the roll:
Trustee Susan Epstein voting aye
Trustee Jason Klein voting aye
Trustee David M. Heiser voting aye
Trustee Jeffrey Rednick voting aye
Mayor Paul Rosenberg voting aye
3) Considering requesting the Town of Rye join the Energy Improvement
Corporation (EIC)
Mr. Bradbury read the following resolution:
RESOLUTION
REQUESTING THE TOWN OF RYE JOIN THE ENERGY IMPROVEMENT
CORPORTATION (EIC)
WHEREAS, The Energy Improvement Corporation("EIC") is a non-profit, local
development corporation chartered under New York State Law to provide financing for
qualified energy efficiency and renewable energy projects; and,
WHEREAS, The EIC is New York State's PACE (Property Assessed Clean
Energy)provider; and,
WHEREAS, The EIC uses the PACE model to provide low-cost, long term
financing for commercial properties making clean energy improvements in participating
municipalities as authorized by Article 5-L of the General Municipal Law of the State of
New York; and,
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Tuesday, October 27, 2015
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WHEREAS, enabling PACE financing provides commercial properties the
opportunity to make clean energy upgrades that will improve the value of our local
building stock and benefit property owners and the environment; and,
NOW, THEREFORE BE IT RESOLVED, that the Village Board hereby
requests that the Town of Rye Town Board consider joining the EIC in an effort to
promote energy improvements throughout the Town and be it
FURTHER RESOLVED that the Mayor and Administrator are hereby
authorized to execute and deliver all documents necessary and appropriate to accomplish
the purposes of this resolution.
Mr. Bradbury noted that only the Town can participate in this program because
they can put liens on property for non payment. Many municipalities have
adopted this program.
Mayor Rosenberg noted that this is a great program.
On a motion made by Trustee David Heiser, and seconded by Trustee David
Heiser, the resolution was adopted.
The roll was called:
Trustee Susan Epstein voting aye
Trustee Jason Klein voting aye
Trustee David M. Heiser voting aye
Trustee Jeffrey Rednick voting aye
Mayor Paul Rosenberg voting aye
5) Considering the approval of minutes from the meetings of May 12, August
18, September 8, September 24, and October 13, 2015.
Mr. Bradbury noted that September meeting was held on the 8th, and the October
13th was not included. He read an amended resolution.
RESOLUTION
CONSIDERING THE APPROVAL OF MINUTES:
MAY 12, AUGUST 18, SEPTEMBER 8, AND SEPTEMBER 24, 2015
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Tuesday, October 27, 2015
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NOW, THEREFORE BE IT RESOLVED, that the Village of Rye Brook Board
of Trustees hereby certifies the approval of the minutes for the meetings held on May 12,
2015, August 18, 2015, September 8, 2015, and September 24, 2015.
On a motion made by Trustee Epstein, and seconded by Trustee Klein, the
resolution was adopted as amended.
Sarah Bledsoe, Assistant to the Village Administrator, called the roll:
Trustee Susan Epstein voting aye
Trustee Jason Klein voting aye
Trustee David M. Heiser voting aye
Trustee Jeffrey Rednick voting aye
Mayor Paul Rosenberg voting aye
6) Considering authorizing the use of Village Streets for the Tamarack Tower
Foundation Thanksgiving Day Turkey Trot
Mr. Bradbury read the following resolution:
RESOLUTION
CONSIDERING AUTHORIZING USE OF VILLAGE STREETS
FOR THE TAMARACK TOWER FOUNDATION
THANKSGIVING DAY TURKEY TROT
WHEREAS, the Tamarack Tower Foundation requests permission to hold its
annual Thanksgiving Day Turkey Trot on Thursday, November 26, 2015 from 9:30 AM
to 10:30 AM.
NOW THEREFORE BE IT RESOLVED, that the Village of Rye Brook Board
of Trustees hereby authorizes the use of Village streets on November 26, 2015 from 9:30
AM to 10:30 AM along the route described in the letter dated October 20, 2015 from
Rosemarie Barone, Event Chairperson; and be it
FURTHER RESOLVED, that Village streets shall be used in compliance with
the terms and/or conditions established by the Village of Rye Brook Police Department.
Board of Trustees Meeting
Tuesday, October 27, 2015
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Mayor Rosenberg noted that this is an annual event.
On a motion made by Trustee Epstein, and seconded by Trustee Klein, the
resolution was adopted.
The roll was called:
Trustee Susan Epstein voting aye
Trustee Jason Klein voting aye
Trustee David M. Heiser voting aye
Trustee Jeffrey Rednick voting aye
Mayor Paul Rosenberg voting aye
ADMINISTRATOR'S REPORT
Mr. Bradbury began his report by noting that the leaf program has started. It is
going well. He reminded members of the public to be sure that the piles of leaves
are not contaminated with rocks and branches.
Thank you to Trustee Epstein for the event held in connection with the Humane
Society where many dogs were adopted that day. The day included a costume
contest for the dogs.
The Village Hall will be closed to the Public on Election Day. The employees will
be working on cleaning up files, etc.
A blood drive is scheduled for November 18th.
The kick off for Solarize Rye Brook was held on October 22nd, and the program is
going very well. Additional information is on the Village's website. This is an 18
week program.
Overnight parking at Garibaldi Park can be found on the Village's website.
Mayor Rosenberg asked that Mr. Bradbury give a brief over of the building permit
process. Mr. Bradbury noted that all permits must be closed out within a specific
timeframe. A fee is applied if the permit is not closed out in time. This program
brings closure and all applicants are aware that the permit must be closed out. The
fee is $750.00. Reminder letters are sent out to the permit holders to be sure that
the permits are closed. The goal is to have all permits closed, and the high fee is a
deterrent.
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Tuesday, October 27, 2015
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The next Board meetings are scheduled for November 10th and November 24th.
There being no further business before the Board the meeting was adjourned.
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Tuesday, October 27, 2015
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