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HomeMy WebLinkAbout2015-12-15 - Board of Trustees Meeting Minutes VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETINGS VILLAGE HALL, 938 KING STREET TUESDAY, DECEMBER 15,2015 7:00 P.M.—EXECUTIVE SESSION: • Appointments to various boards and committees. • Sanitary Sewer Inter-municipal Agreement (IMA) with Westchester County • Litigation, 109 No. Ridge Street • Community Choice Aggregation(CCA) Agreements 7:30 P.M.—REGULAR MEETING: PLEDGE OF ALLEGIANCE: REPORT/PRESENTATIONS: AFFORDABLE HOUSING: PUBLIC HEARINGS: 1) Considering a request for a five year extension of the Wetlands Permit approval for Phase 3 of the Reckson Executive Park RESOLUTIONS: 1) Considering a request for a five year extension of the Wetlands Permit approval for Phase 3 of the Reckson Executive Park 2) Considering setting a public hearing regarding an application for a Tier III Home Occupation Permit at 54 Rock Ridge Drive. 3) Considering the implementation of a temporary traffic calming design and an associated budget transfer for Hawthorne Avenue. 4) Considering appointments to various boards, commissions and committees. 5) Considering the modification of the License and Permit Fee Schedule to include two new recreation programs. 6) Considering authorizing the adoption of the 2015 Westchester County Hazard Mitigation Plan Update 7) Considering the authorization of a Settlement Agreement with Verizon New York, Inc. 8) Considering the approval of minutes from the meetings of October 13, October 27,November 10 and November 24, 2015. ADMINISTRATOR'S REPORT OLD BUSINESS NEW BUSINESS DISCUSSION ITEM 1) Village Code re: trees with respect to solar panel installations 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 Greg Austin, Chief of Police Edward Beane, Esq., Village Counsel Marilyn Timpone Mohammed, Village Planning Consultant Michel Nowak, Superintendent of Public Works Fred Seifert, Public Access Coordinator/IT Shari Melillo, Meeting Secretary Mayor Rosenberg advised we would be starting the meeting with item 3 on the agenda. 3) Considering the implementation of a temporary traffic calming design and an associated budget transfer for Hawthorne Avenue. RESOLUTION CONSIDERING THE IMPLEMENTATION OF A TEMPORARY TRAFFIC CALMING DESIGN AND AN ASSOCIATED BUDGET TRANSFER FOR HAWTHORNE AVENUE WHEREAS, TRC Engineers, Inc., at the request of the Village of Rye Brook, prepared a "Hawthorne Avenue Traffic Calming Study" dated October 28, 2015 that provided several traffic calming project alternatives on Hawthorne Avenue; and WHEREAS, Brian Dempsey of TRC Engineering, Inc. presented the findings of this technical memorandum and study at the Village Board meeting held on November 10, 2015; and WHEREAS, the Village Board decided to consider the implementation of a temporary striping and speed hump project in the Spring of 2016 to determine the effects of this traffic calming alternative, and requested that TRC Engineering Inc. provide a final design and budget estimate for their consideration; and WHEREAS, TRC Engineering, Inc. prepared this final design and budget estimate in a memorandum to the Village of Rye Brook dated December 8, 2016. NOW THEREFORE BE IT RESOLVED, that the Village Board hereby approves the traffic calming design for striping and two temporary speed humps on Hawthorne Avenue as indicated in the December 8, 2016 memorandum provided by TRC Engineers, Inc. which includes the following features: two single white lines for parking lanes, a double yellow line in the center, speed hump signage, two temporary speed humps, and pavement symbols; and be it FURTHER RESOLVED, that the following proposed budget transfers are hereby approved for the implementation of this project: FROM: Contingency Account $14,500 TO: Hawthorne Avenue Traffic Calming Project (Capital) $14,500 AND BE IT FURTHER RESOLVED that the Village of Rye Brook will continue to monitor and review the traffic calming effects of this temporary project so that a decision can be made after several months of experience whether the temporary humps should be made permanent. Mayor Rosenberg explained that the Traffic Consultants did a presentation after conducting a study of Hawthorne Avenue which was motivated by complaints from the residents regarding speed on that street. The consultants made several suggestions and from that the Board settled on two—speed bumps and striping. The project will be addressed in the spring as the highway department has other priorities right now. It's a long road way and will require a lot of markings and requires an outside professional. Mr. Nowak explained that logistics comes into play and the temporary try out will allow the Village to see if this is the way they prefer to go—the thought was to see how they react with the public for a short period of time. On a motion made by Trustee Epstein and seconded by Trustee Rednick, the resolution was approved and the roll was called: TRUSTEE EPSTEIN AYE TRUSTEE HEISER NO TRUSTEE KLEIN AYE TRUSTEE REDNICK AYE MAYOR ROSENBERG AYE 4) Considering appointments to various boards, commissions and committees. RESOLUTION VARIOUS APPOINTMENTS TO BOARDS, COMMISSIONS AND COMMITTEES WHEREAS, effective January 1, 2016 Gary Zuckerman has resigned as member and Chair of the Rye Brook Planning Board to become Supervisor of the Town of Rye. NOW, THEREFORE BE IT RESOLVED, that effective January 1, 2016 Robert Goodman of 6 Legendary Circle is hereby appointed as Chair of the Planning Board; and be it further RESOLVED, that effective January 6, 2016 Jeffrey Richman of 42 Meadowlark Road is hereby vacating his position on the Zoning Board of Appeals to join the Planning Board and fill the balance of the unexpired term of Gary Zuckerman due to expire in April 2016; and be it further RESOLVED, that effective January 6, 2016 Jamie Schutzer of 43 Bonwit Road is hereby vacating his position as member and Chair of the Advisory Council on Parks and Recreation to join the Zoning Board of Appeals and fill the balance of the unexpired term of Jeffrey Richman due to expire in April 2018; and BE IT FURTHER RESOLVED, that effective January 6, 2016 Richard Buzin of 6 Mark Drive is hereby appointed as Chair of the Advisory Council on Parks and Recreation Mayor Rosenberg explained that as Chairman of the Planning Board, Gary Zuckerman, was elected Supervisor of the Town of Rye effective January 1St, that opened a spot on the Planning Board. Mayor Rosenberg wished all the new appointees well and is confident they will do a great job. In addition, with a Rec Council person moving to Planning Board, Rick Buzin has agreed to become Chair of the Rec Council which now leaves us with an opening on the Rec Council. Trustee Heiser thanked all these people who give up their time—it is a non-paying job and he too is confident they will all do very well. On a motion made by Trustee Rednick and seconded by Trustee Klein, the resolution was adopted and the roll was called: TRUSTEE EPSTEIN AYE TRUSTEE HEISER AYE TRUSTEE KLEIN AYE TRUSTEE REDNICK AYE MAYOR ROSENBERG AYE PUBLIC HEARINGS: 1) Considering a request for a five year extension of the Wetlands Permit approval for Phase 3 of the Reckson Executive Park On a motion made by Trustee Epstein and seconded by Trustee Heiser, the Public Hearing was opened and the roll was called: TRUSTEE EPSTEIN AYE TRUSTEE HEISER AYE TRUSTEE KLEIN AYE TRUSTEE REDNICK AYE MAYOR ROSENBERG AYE Mr. Null addressed the Board and explained that the existing Wetlands Permit actually expires this evening. They have published notice and submitted proof as required and are formally requesting an extension of the permit. Sun Homes relies upon the same work that is already in the wetlands permit with some of the work already partially completed. Mr. Jerry Schwabe addressed the Board adding that the original permit issued for previously approved office building—under sun homes app will be completing the work that has already been started—the sun homes application will have better water quality benefits than previously proposed. On a motion made by Trustee Rednick and seconded by Trustee Epstein, the Public Hearing was closed and the roll was called: TRUSTEE EPSTEIN AYE TRUSTEE HEISER AYE TRUSTEE KLEIN AYE TRUSTEE REDNICK AYE MAYOR ROSENBERG AYE Mr. Bradbury read the resolution: RESOLUTION CONSIDERING 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, 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, 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; and WHEREAS, Village Code §245-5.A(8) requires a request for a Wetland Permit renewal to follow the same procedure as the for the issuance of the permit; WHEREAS, the Board of Trustees referred the request for an extension to the Village of Rye Brook Planning Board on November 24, 2015 and at its December 10, 2015 meeting the Planning Board unanimously recommended approval of the Wetland Permit extension on the condition that the non-native, invasive species shown on the mitigation plan is replaced with a native species; and WHEREAS, the Board of Trustees held 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, at which time all persons interested were given an opportunity to be heard; and WHEREAS, the Board of Trustees has reviewed and considered the Applicant's request, considered the Planning Board's recommendation and comments from Village consultants, staff and the public, and is fully familiar with the property. NOW, THEREFORE, BE IT RESOLVED, the Board of Trustees of the Village of Rye Brook hereby approves a five (5) year extension of the Wetland Permit Approval for Phase 3 of the Reckson Executive Park on the condition that the mitigation plan is updated to replace any non-native, invasive species with native species. BE IT FURTHER RESOLVED, the extension is granted nunc pro tunc and therefore shall be effective as of December 14, 2015 at 11:59p.m. and shall expire on December 15, 2020. On a motion made by Trustee Heiser and seconded by Trustee Epstein, the resolution was approved and the roll was called: TRUSTEE EPSTEIN AYE TRUSTEE HEISER AYE TRUSTEE KLEIN AYE TRUSTEE REDNICK AYE MAYOR ROSENBERG AYE 5) Considering the modification of the License and Permit Fee Schedule to include two new recreation programs. RESOLUTION MODIFYING THE LICENSE AND PERMIT FEE SCHEDULE TO INCLUDE TWO NEW RECREATION PROGRAMS The Village License and Permit Fee Schedule is hereby modified as follows: PROGRAM OR SERVICE FEE Sew Happy Weaving Class(6 classes) $120.00 Woodworking Class(6 classes) $120.00 On a motion made by Trustee Rednick and seconded by Trustee Heiser the resolution was approved and the roll was called: TRUSTEE EPSTEIN AYE TRUSTEE HEISER AYE TRUSTEE KLEIN AYE TRUSTEE REDNICK AYE MAYOR ROSENBERG AYE Trustee Epstein asked if the classes were very popular would it be possible to add additional classes. Mr. Bradbury responded that he would look into it. 6) Considering authorizing the adoption of the 2015 Westchester County Hazard Mitigation Plan Update Mr. Bradbury read the resolution: RESOLUTION OF THE VILLAGE OF RYE BROOK AUTHORIZING THE ADOPTION OF THE 2015 WESTCHESTER COUNTY, NY HAZARD MITIGATION PLAN UPDATE WHEREAS, all jurisdictions within Westchester County have exposure to natural hazards that increase the risk to life, property, environment, and the County and local economy; and WHEREAS; pro-active mitigation of known hazards before a disaster event can reduce or eliminate long-term risk to life and property; and WHEREAS, The Disaster Mitigation Act of 2000 (Public Law 106-390) established new requirements for pre and post disaster hazard mitigation programs; and WHEREAS; a coalition of Westchester County municipalities with like planning objectives has been formed to pool resources and create consistent mitigation strategies within Westchester County; and WHEREAS, the coalition has completed a planning process that engages the public, assesses the risk and vulnerability to the impacts of natural hazards, develops a mitigation strategy consistent with a set of uniform goals and objectives, and creates a plan for implementing, evaluating and revising this strategy; NOW, THEREFORE, BE IT RESOLVED that the Village of Rye Brook: 1) Adopts in its entirety, the 2015 Westchester County Hazard Mitigation Plan (the "Plan") as the jurisdiction's Natural Hazard Mitigation Plan, and resolves to execute the actions identified in the Plan that pertain to this jurisdiction. 2) Will use the adopted and approved portions of the Plan to guide pre- and post- disaster mitigation of the hazards identified. 3) Will coordinate the strategies identified in the Plan with other planning programs and mechanisms under its jurisdictional authority. 4) Will continue its support of the Mitigation Planning Committee as described within the Plan. 5) Will help to promote and support the mitigation successes of all participants in this Plan. 6) Will incorporate mitigation planning as an integral component of government and partner operations. 7) Will provide an update of the Plan in conjunction with the County no less than every five years. Mr. Bradbury explained that we used to have a plan through a grant—it is meant to identify areas where you can do some pre-planning and when disasters occur it makes you eligible for certain grants. The County nicely took on the task and had to make a new plan for the entire County—each County has a subsection within the plan. Mayor Rosenberg encouraged the residents to read the plan as it is pretty impressive. On a motion made by Trustee Klein and seconded by Trustee Epstein, the resolution was approved and the roll was called: TRUSTEE EPSTEIN AYE TRUSTEE HEISER AYE TRUSTEE KLEIN AYE TRUSTEE REDNICK AYE MAYOR ROSENBERG AYE 7) Considering the authorization of a Settlement Agreement with Verizon New York, Inc. Mr. Bradbury read the resolution: RESOLUTION CONSIDERING THE AUTHORIZATION OF A SETTLEMENT AGREEMENT WITH VERIZON NEW YORK, INC. WHEREAS, Michael Canton of Computel Consultants, as the Village's utility auditing consultant, has recommended that the Village of Rye Brook enter into a Settlement Agreement with Verizon New York, Inc. regarding prior taxable gross receipts payable to the Village of Rye Brook. NOW, THEREFORE BE IT RESOLVED, that the Village Board hereby authorizes the acceptance of the Settlement Agreement between the Village of Rye Brook and Verizon New York, Inc.; and be it further RESOLVED, that the Mayor and Administrator are authorized to sign any documents relating to this Settlement Agreement with Verizon New York, Inc. Mayor Rosenberg noted that this is another windfall of found money thanks to Computel. On a motion made by Trustee Epstein and seconded by Trustee Heiser the resolution was approved and the roll was called: TRUSTEE EPSTEIN AYE TRUSTEE HEISER AYE TRUSTEE KLEIN AYE TRUSTEE REDNICK AYE MAYOR ROSENBERG AYE As the applicant has now arrived, the Board will go back to item 92 on the agenda: 2) Considering setting a public hearing regarding an application for a Tier III Home Occupation Permit at 54 Rock Ridge Drive. Mr. Bradbury read the resolution: RESOLUTION SETTING A PUBLIC HEARING TO CONSIDER A TIER IIII HOME OCCUPATION PERMIT FOR A SADHANNA GARDEN YOGA STUDIO AT 54 ROCK RIDGE DRIVE WHEREAS, Ms. Paula Bellini, owner of 54 Rock Ridge Drive desires to receive a Tier III Home Occupation Permit for the use of residence as a Sadhanna Garden Yoga Studio; and WHEREAS, Ms. Bellini has submitted a Tier III Home Occupation Permit Application to the Building Department; and WHEREAS, Ms. Bellini has outlined the hours of operations and number of employees for the proposed Home Occupation in accordance with the Village of Rye Brook Code. NOW, THEREFORE BE IT RESOLVED, that a Public Hearing is hereby set for January 12, 2016 to consider a Tier III Home Occupation Permit under the terms and conditions set forth in the Village Code. Mayor Rosenberg welcomed the applicant and Mrs. Bellini addressed the Board explaining that her application is for a very traditional yoga class. She works for a corporation and sees big groups there but she would prefer to see just 5 or 6 clients in her home. The whole idea is not to have too many people or too many classes. She also visits people in their homes in Westchester and Connecticut but this will give her the option of using her home for clients who don't have the space to have her in their homes. Mrs. Bellini would like to have classes around her children's schedules and never past their bedtimes—she chose Tier 3 because it required times—she does not have or need employees. Mayor Rosenberg explained that at the Public Hearing it will get more detailed and specific. Mr. Bradbury added that the Building Inspector had notified him that there are a few items that still have to be addressed by the applicant such as smoke detectors and co2 detectors and issues with the garage. He also explained that the application will have to do the proper notifications and that she should contact the Building Inspector to discuss. On a motion made by Trustee Heiser and seconded by Trustee Epstein, the resolution was approved and the roll was called: TRUSTEE EPSTEIN AYE TRUSTEE HEISER AYE TRUSTEE KLEIN AYE TRUSTEE REDNICK AYE MAYOR ROSENBERG AYE 8) Considering the approval of minutes from the meetings of October 13, October 27,November 10 and November 24, 2015. Mr. Bradbury read the resolution: RESOLUTION CONSIDERING THE APPROVAL OF MINUTES: OCTOBER 13, OCTOBER 27,NOVEMBER 10, and NOVEMBER 24, 2015 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 October 13, October 27,November 10, and November 24, 2015. On a motion made by Trustee Heiser and seconded by Trustee Klein, the resolution was approved and the roll was called: TRUSTEE EPSTEIN AYE TRUSTEE HEISER AYE TRUSTEE KLEIN AYE TRUSTEE REDNICK AYE MAYOR ROSENBERG AYE ADMINISTRATORS REPORT Mr. Bradbury discussed the office park expansion at 3040 Westchester Avenue in Harrison. A new building is being proposed as well as other expansions with a direct impact on Brook Lane. The Village has authorized our consultants to review the application, we have met with the developers and the Mayor has written a letter to the Harrison Town Board with our concerns. In addition to that, we had delivered letters to the people of Brook Lane letting them know about the project. Leaf program is done as of today. It was an interesting and challenging year and the volume is high compared to prior years. Village Hall will be closed for Christmas and New Years Day. Winterfest was well attended and the Board is very happy with the turnout and thanked them for their support. United water completed work on Ridge Street in front of Crawford Park from a prior water main break. The Village has hosted three solarize workshops—that is it for this year—there will be more come January. The village is drafting an agreement with the County for sewer and infiltration—the Village sent back a draft that we consider acceptable as well as Harrison and Scarsdale— drafted in conjunction with their staff counsels and elected officials and it was sent to the County last Friday. Received notice today through NYCOM that the allowable tax levy growth factor is 0.12 which will make it quite a challenging budget year. We received word from Dolph Rotfeld of receiving a DEC grant for $343,000 towards work that will allow us to comply with MS4 requirements and storm water requirements —this will deal with flow issues—all in kind services. DISCUSSION ITEM Village code with respect to trees and solar panel installation—we had a discussion in terms of what do we do in terms of allowing people to remove trees so that they can participate in the solar program. Do we allow it—do we put a limit on the number of trees they can remove..... Mr. Bradbury added that a tree permit is required when a tree exceeds 10" dbh and a significant tree is over 30 inches. Our code regarding tree removal and clear cutting is pretty clear but clearly it can be a consideration but there are a lot of gray areas—how many trees are ok for instance. Trustee Klein added that Rye Brook is a Tree City so it is a fine balance that has to be struck—what about the impact on neighbors—from his personal standpoint—if its one tree he is ok with it—two he would have to really consider—more than that—not so sure. He believes that the solar company will also tell the property owner they are not a candidate because of the amount of trees—there is a cost factor involved also for the applicant/homeowner—saving on energy but having to pay out substantial amount of money to remove multiple trees could sway some decisions. Mayor Rosenberg believes there is no right answer here—every situation will be different especially on the mature properties. Mr. Bradbury added that the Board could choose to do nothing with this and in that case it would fall on to Michael Nowak and we are looking to give him some guidance. Trustee Rednick believes it is impossible to put a number on trees—each application could be so different—we protect the rights of our neighbors with every application— now we are talking about a policy that will be contrary to what we have done all these years. Trustee Heiser thinks it will become arbitrary and there will be people who take advantage of this. After further discussion Mr. Nowak addressed the Board stating that when a person comes in for solar they should sit and talk with him—there is criteria for solar—yes a return on investment but standards that need to be adheared to in order to get the most benefit. To date he has not had any applicant for tree removal for solar panels—he would look for some guidance from the board on the issue though. Mayor Rosenberg noted that none of the applicants for solar to date have required tree removal and as there is no screaming outcry on this from the community, he thinks if it becomes an issue, the Board can revisit it then. Trustee Epstein had a conversations with Sunrise Solar and they are not in favor of giving clients a proposal unless they know the trees can be removed—she is sure that there will be a few. Mayor Rosenberg responded that we can speak with the vendor and if there are residents out there that want solar but cant because of trees they can bring it to our attention and we will deal with it. Mayor Rosenberg wished everyone a Happy and Healthy holiday and noted that the next Board meetings are January 12th and January 26th, 2016. On a motion made my Trustee Klein and seconded by Trustee Epstein, a motion was made to adjourn to Executive Session regarding a Police matter and the County IMA. The motion was approved and the roll was called: TRUSTEE EPSTEIN AYE TRUSTEE HEISER AYE TRUSTEE KLEIN AYE TRUSTEE REDNICK AYE MAYOR ROSENBERG AYE