Loading...
HomeMy WebLinkAbout2015-07-28 - Board of Trustees Meeting Minutes VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETINGS VILLAGE HALL, 938 KING STREET TUESDAY,JULY 28, 2015 AGENDA 7:00 P.M.—EXECUTIVE SESSION 7:30 P.M.—REGULAR MEETING PLEDGE OF ALLEGIANCE REPORT/PRESENTATIONS AFFORDABLE HOUSING PUBLIC HEARINGS: 1) Considering an application for a PUD Concept Plan, Zone Change and Zoning Text Amendment in connection with a proposed residential community of 110 single-family dwelling units on property located at 1100 King Street. 2) Considering a rezoning petition for property located at 80 Bowman Avenue (adjourned from July 14, 2015) RESOLUTIONS: 1) Considering an application for a PUD Concept Plan, Zone Change and Zoning Text Amendment in connection with a proposed residential community of 110 single-family dwelling units on property located at 1100 King Street. 2) Considering a rezoning petition for property located at 80 Bowman Avenue 3) Considering authorizing the use of Village Streets for the Wall Street Rides FAR event on Saturday, October 10, 2015 4) Considering rejecting the bid for Contract #s 15-07 and 15-08 for the delivery and installation of water tanks at the Compost Site 5) Considering setting a public hearing for a local law expanding the permissible locations in the Village of Rye Brook for Professional Office Uses 6) Considering authorizing the issuance of 585,000 Bonds of the Village of Rye Brook to pay the cost of the acquisition of real property at 528 Ellendale Ave. Board of Trustees Meeting July 28, 2015 Page 1 of 20 7) Considering the approval of a drainage easement agreement for Anderson Hill Road 8) Considering awarding the bid for Contract 915-14: 2015 Road Resurfacing ADMINISTRATOR'S REPORT OLD BUSINESS NEW BUSINESS DISCUSSION ITEMS ACTION ON NON-AGENDA MATTERS SUBJECT TO THE CONSENT OF THE TRUSTEES PRESENT AT THE MEETING THE NEXT SPECIAL AND REGULAR TRUSTEES MEETINGS: August 18 and September 8, 2015 BOARD: Trustee Susan R. Epstein -EXCUSED Trustee David M. Heiser Trustee Jason A. Klein -EXCUSED Trustee Jeffrey B. Rednick Mayor Paul S. Rosenberg VILLAGE STAFF: Christopher Bradbury, Village Administrator Sarah Bledsoe, Assistant to the Village Administrator Chief Greg Austin, Police Chief Edward Beane, Esq., Village Counsel Michel Nowak, Superintendent of Public Works Fred Seifert, Public Access Coordinator/IT Marilyn Timpone Mohamed, Village Consultant Paula Patafio, Meeting Secretary Mayor Paul Rosenberg called the Tuesday, July 28, 2015 meeting of Board of Trustees to order. He noted that both Trustee Epstein and Trustee Klein were excused from the meeting. In order for an application to be approved the Board must vote unianmusly. Each applicant on the agenda was offered the opportunity to adjourn until the next meeting of the Board of Trustees when there may be a full complement of the Board. Board of Trustees Meeting July 28, 2015 Page 2 of 20 Mayor Rosenberg called for the second public hearing on the agenda with the consensus of the Board: PUBLIC HEARING: 2) Considering a rezoning petition for property located at 80 Bowman Avenue (adjourned from July 14, 2015) Mayor Rosenberg noted that Mr. & Mrs. Madonna withdrew their application to rezone this property to a C1 District.The applicant has met with the County and the Affordable Housing proposal is back on the table. The public hearing was never opened therefore there was no need to close it. Resolution 92, regarding this matter, was also adjourned. Mr. Madonna thanked the Board for their time and consideration. He looked forward to presenting the Board with the new plans. Mayor Rosenberg called for the second hearing on the agenda: PUBLIC HEARINGS: 1) Considering an application for a PUD Concept Plan, Zone Change and Zoning Text Amendment in connection with a proposed residential community of 110 single-family dwelling units on property located at 1100 King Street. On a motion made by Trustee David Heiser, and seconded by Trustee Jeffrey Rednick, the public hearing was opened. Ms. Sarah Bledsoe, Assistant to the Village Administrator, called the roll: Trustee David M. Heiser voting aye Trustee Jeffrey Rednick voting aye Mayor Paul Rosenberg voting aye William Null, Esq. from the firm of Cuddy and Fedder, addressed the Board. He noted that the applicant and several other representatives for the applicant were in attendance. Ready to respond to questions was Bill McGinnis, applicant, Jerry Schwable, and John Collins, The applicant was reminded that with only three members of the Board present, a unanimous vote was required if the Board took action this evening. In February an application was submitted. The applicant petitioned to amend the Zoning Ordinance. The plan was to construct 110 units, of which 10% would be affordable housing. Reckson Office Park consists of approx. 79 '/2 acres. This portion of the site was previously approved for an office building. Now 110 market and affordable units are Board of Trustees Meeting July 28, 2015 Page 3 of 20 proposed on the 30+ acres. It averages 6 units per acres. The applicant could construct 180 units on a property of this size, but they are proposing slightly larger units are proposed and therefore there is a lesser density. There will be some re-grading to accommodate the development. There are attached garages and walk out basements proposed for this P.U.D. The applicant is asking that the Board waive certain conditions. The Planning Board has vetted this application. They made a favorable recommendation. Mayor Rosenberg noted that the Board, staff and consultants made a site visit in April to the applicant's development in Darien, Connecticut. This development was representative in quality and character to the one proposed for the Reckson property. Mr. McGinnis walked everyone through the site. The proposed development will be located in rear of the property. The entrance comes through the Reckson Park. A central boulevard comes in. A sizeable buffer exists around the property lines. A walking trail will be installed. Two-thirds of the homes are attached and one-third are detached. The PUD will have a single family feel to it. An important factor is managing the cars and where they park. A lot of time has been spent on landscaping which will include tall hedges, large mature trees, and a variety of plantings. The applicant has proposed three different types of homes. There will be three bedroom units of approximately 2400 square feet. This will be the smallest home. The detached homes are 37 feet wide. There will be double garages and a lot of windows, and dormers. These homes are designed in house and Mr. McGinnis and his partner are on site and they are the builders. It was noted that 80% of the homes they previously constructed closed without a punch list. The balance were directly on target. The third home type is 3300 square feet plus the basement. These homes have elevators to the master bedrooms, and are geared towards empty nesters. The affordable homes are built with the same architecture and are made to look as much as the market homes as possible. The homes have a private garden patio in the rear. There are generous separations between the market units. There will be a club house, a swimming pool, and a large party room. Attorney Null noted that the hearing tonight is in regard to the zoning text amendments, mapping of the PUD district and approval of the concept plan. What has been presented tonight is conceptual. Changes to the plan have been made using guidance from the Planning Board. Then in two or so months the applicant would be back before the Planning Board. Edward Beane, Esq., noted that first there is a public hearing. Then issues will be discussed. Mayor Rosenberg noted that the applicant has submitted traffic reports, as well as information regarding the potential number of students that could come out of this development. These reports have been reviewed by the Village's consultants. He called for members of the public wishing to address the Board. Board of Trustees Meeting July 28, 2015 Page 4 of 20 Mr. Dick Hubert of Doral Greens addressed the Board. He noted that he has been addressing the Sun Homes project in the media. He has published several letters. He pointed out that Reckson has permission to construct an office building. There was a project to bring in new businesses in when construction took place on property adjourning SUNY Purchase. There were eligible to tax breaks. The Governor and State Legislature were looking for ways to bring in new businesses. Everyone thought that this was a perfectly good use of the land. Now residents of Rye Brook are disappointed that a residential complex has been proposed. When Belle Fair was constructed Rye Brook homeowners' taxes were increased. The school district was flooded with students. The applicant estimates 120 new students however, a much higher number can be expected. At $27,500 per student an annual tax increase of 7 to 9% can be expected. Today the school district reports that there are 250 blind brook students from Belle Fair. Many taxpayers who live on fixed incomes look at this project with interpretation. The school board must be involved in these hearings to investigate if the additional students place a burden on the schools. Mr. Hubert asked that everyone reconsider this project and not re- zone the office park. Reckon should be encouraged to return to its original plans for an office park. By changing to a P.U.D. Reckson shows no faith in the businesses in this area. This is an extremely social issue. The Board represents the citizens and homeowners of Rye Brook. No one wants to see their property taxes go up. Mr. Hubert felt that this was a misplaced application. Trustee David Heiser questioned comments made by Mr. Hubert. He questioned the cost of additional students to the school district, and noted that there are fixed and variable costs. Each student affects the variable costs. The Ridge School needs new facilities, and a flood of students in the elementary school will have an effect but it may not be a negative effect. Mayor Rosenberg noted that a joint meeting with the school board has taken place. The Board of Trustees and the school board have been working in cooperation. The Belle Fair effect was discussed. It was noted that the children will be disbursed between grades eight through twelve. The Village is comfortable with the numbers projected by the applicant. Edward Beane, Esq., noted that the studies that have been vetted were provided by the applicant. The method used to vet the studies was appropriate. No one has a crystal ball and no one can know what the actual number will be. As far as the law is concerned you cannot reject a project simply because of the anticipated number of students that might be added to the school system. Mr. Hubert noted that the same process must have been gone through with Belle Fair and more children than anticipated was the result. Attorney Beane noted that the school board has access to the reports. Mr. Bradbury, Village Administrator, provided three scenarios based on the number of New York school age children in public schools. The first would be an additional 39 Board of Trustees Meeting July 28, 2015 Page 5 of 20 students. The second number, taking into consideration public versus private schools, would add an additional 46 students. The third number, which is the highest number, is 72. Based on the information provided these are the numbers. Mr. Hubert noted that the school gave a number of 102 to BelleFair. Mr. Bradbury noted that the Reckson project is one-third the size of BelleFair. Ms. Timpone Mohamed, Village Consultant, noted that Mr. Bradbury's review was very accurate. The second and third numbers are based on knowledge of the Blind Brook School. There is no way to 100% determine how many students will go to the public school, but even 72 new students would not be a tremendous drain on the school district. Mr. Hubert this is about new homes versus an office building. He felt that the applicant should continue with their plans to construct he office park. He could not understand why the office park was being abandoned. Mayor Rosenberg noted that Reckson is entitled to develop its property. Maybe the office building business will not sustain them. They are entitled to make this change. Mr. Hubert felt that this was not in the best interest of the Village. Former Mayor Joan Feinstein, of Robins Roost, addressed the Board. She noted that she came to listen but since she had certain knowledge she decided to speak. Reckson had approval for 360,000 square foot office building which was reduced to 280,000 square. Reckson/SL Green has made many attempts to find tenants. They have tried for many years. They tried to build a commercial development but that plan was withdrawn. The approval for a 280,000 square foot building is there. CBS news discussed office parks and how there are no tenants. Harrison has rezoned the platinum mile. The Gannett Office building has been leveled and who knows what will be constructed there. Reckson is entitled to develop their property. The Board will look at the best interest of the residents. Mrs. Feinstein noted that she was on the school board when BelleFair was proposed. The expansion was embraced. Rye Brook is unique. There are implemental costs when new students are added to a school district. Whatever taxes come out of this project will include school taxes and a percentage will go to the Village. This is additional revenue for the Village. BelleFair, Doral, The Arbors are all additions that have made Rye Brook what it is today. A resident asked how many homes were in Belle Fair. The response was that there were 250 homes. The Reckson proposal is a smaller development; with less projected students. Mayor Rosenberg noted that all information is available on the Village's website. He called for additional questions or comments from the public. The Westchester County Department of Planning has reviewed the plans. He also noted that the Village's Comprehensive Plan talks about the reuse of office parks. Joyce O'Neill from Doral Greens addressed the Board. The objection to the skating rink was the extra traffic on King Street. King is a very busy road. This is a safety issue because fire trucks and police may have difficulty getting through. Board of Trustees Meeting July 28, 2015 Page 6 of 20 Ms. Timpone Mohamed was called upon for an analysis of the data provided regarding traffic. The applicant originally provided a traffic study that looked at two intersections, and other data in terms of the amount of traffic on King Street. F.P. Clark asked for additional intersections to be reviewed. As things stand now, there are traffic delays on King Street at peak periods now. Those delays with the new traffic would not be significantly increased. Retiming the signalized intersections would help. Accident data was reviewed. The Board of Trustees agreed that additional studies were needed and three more intersections were added. The applicant provided tat additional information. It does not show that the other intersections could not significantly affect the flow of traffic during peak hours. Dorothy of Doral Greens addressed the Board. She asked if Anderson Hill Road was included in the study, as well as the new development on King Street. Ms. Timpone Mohamed stated that they were. She noted that afternoon peaks hours Anderson King intersection was included. It was also noted that this intersection is in the Town of Greenwich. The resident from 16 Reunion Road of BelleFair addressed the Board. He noted that everyone comes out at the traffic light at King Street. This light is mostly green but now it will be red more often. BelleFair has a left turn lane, and perhaps a similar turn lane can be installed at the Reckson entrance. Mayor Rosenberg noted that King Street is a state road. The applicant's traffic consultant, John Collins, addressed the Board. He noted that at International Drive there is a left turn lane. There are also two lanes that go north. The signal is controlled by a sensor. When there are no vehicles the light stays green. Additional traffic will mean the light stays red longer. Mr. Bradbury stated that the traffic studies were done at peak hours. In addition to the study that was done for peak hours, they also considered PepsiCo reopening and added an additional 10%. Trustee Jeffrey Rednick noted that no one can project the number of school children to an exact number, He felt that this project would be a good thing for Rye Brook. The other PUDs in Rye Brook are a desirable place to live. Trustee Heiser noted that if Reckson built the approved building, there would be increased traffic at peak hours. Reckson will do something with this property and there will be some increase in traffic. As there were no other questions or comments, Mayor Rosenberg called for a motion to close the public hearing. On a motion made by Trustee Rednick, and seconded by Trustee Heiser, the public hearing was closed and the roll was called: Board of Trustees Meeting July 28, 2015 Page 7 of 20 Trustee David M. Heiser voting aye Trustee Jeffery Rednick voting aye Mayor Paul Rosenberg voting aye Attorney Beane noted that SEQRA can be acted on now. The zoning amendment and approval has a legal notice requirement. Mr. Bradbury noted that a full site plan must be reviewed. The application will go back to the Planning and Zoning Boards. Mayor Rosenberg commented on the report regarding impacts on the environment. He felt that, regarding the number of students anticipated for the school district, that the higher number should be used. Ms. Timpone Mohamed noted that changing the number means the explanation must be amended. 1) Considering an application for a PUD Concept Plan, Zone Change and Zoning Text Amendment in connection with a proposed residential community of 110 single-family dwelling units on property located at 1100 King Street. Mr. Bradbury read the following resolution: RESOLUTION APPROVING A NEGATIVE DECLARATION AND ZONING TEXT AMENDMENT IN CONNECTION WITH AN APPLICATION FOR PUD CONCEPT PLAN APPROVAL, A ZONE CHANGE AND ZONING TEXT AMENDMENT FOR CONSTRUCTION OF A RESIDENTIAL DEVELOPMENT OF 110 SINGLE-FAMILY DWELLING UNITS ON PROPERTY LOCATED AT 1100 KING STREET VILLAGE OF RYE BROOK BOARD OF TRUSTEES WHEREAS, Buckingham Partners/Sun Homes (the "Applicant") has submitted an application (the "Application" or the "Proposed Action") to the Board of Trustees for approval of a Planned Unit Development ("PUD") Concept Plan, zone change and zoning text amendment in connection with the proposed construction of a residential development of 110 single-family dwelling units on real property located at 1100 King Street in the Village of Rye Brook; said property being further identified as Parcel 129.25-1-1 on the Town of Rye Tax Map (the "Parcel") and located directly behind the Reckson Executive Park in the OB-1 Zoning District; and Board of Trustees Meeting July 28, 2015 Page 8 of 20 WHEREAS, the aforementioned Parcel is the site of a prior site plan approval, granted by resolution of the Board of Trustees, dated August 8, 2000, for the construction of 280,000 square feet of office space, which is scheduled to expire on or about December 14, 2015; and WHEREAS, the instant Application, once approved, shall supersede, override and negate any and all prior land use applications with respect to the Parcel, including the above-described site plan approval for 280,000 square feet of office space; and WHEREAS, the instant Application for a 110 residential dwelling units constitutes Phase I of a two-phase PUD approval process wherein PUD Concept Plan approval and PUD zone change occur in Phase I and detailed subdivision and site plan review and approval occur during Phase II; and WHEREAS, the Board of Trustees and Village staff and consultants have reviewed and considered the following plans and application materials in connection with the proposed application: 1. Full Environmental Assessment Form Part 1 and EAF Mapper Summary 2. Traffic Impact Study by Maser Consulting, P.A., Hawthorne, N.Y., dated January 14, 2015 3. ALTA/ACSM Land Title Survey prepared by Joseph Link, Mahopac, N.Y., dated as of January 26, 2015, signed February 9, 2015 4. Letter and Petition to the Mayor Rosenberg and the Board of Trustees prepared by Cuddy and Feder, LLP, White Plains, N.Y. dated February 10, 2015 5. Memorandum to the Village Engineer and the Planning Board prepared by Dolph Rotfeld Engineering , P.C., Tarrytown,N.Y. dated March 3, 2015 6. Memorandum to the Chairman and Planning Board prepared by F.P. Clark Associates, Inc., dated March 9, 2015 7. Memorandum to the Chairman and Planning Board prepared by F.P. Clark Associates, Inc., dated March 31, 2015 8. Letter to the Chairman and Planning Board prepared by Cuddy and Feder, LLP, White Plains, N.Y. dated May 7, 2015 9. School Aged Children, Sun Homes, Rye Brook prepared by Divney, Tung, Schwalbe, LLP, White Plains, N.Y. no date 10.Revised Rendered Illustrative Plan, Affordable Home Plans and Elevations, illustrative plan prepared by Divney, Tung, Schwalbe , LLP, White Plains, N.Y., no date 11.Rendered Illustrative Plan, Home Plans and Elevations, illustrative plan prepared by Divney, Tung, Schwalbe , LLP, White Plains, N.Y., no date Board of Trustees Meeting July 28, 2015 Page 9 of 20 12.Memorandum and Revised Traffic Impact Study, prepared by Maser Consulting, P.A., Hawthorne, N.Y. dated April 15, 2015 13.Letter to Chairman and Planning Board prepared by Cuddy & Feder, LLP, White Plains, N.Y., dated May 7, 2015 14.Rye Brook Emergency Service Task Force Review Memorandum to William Null, Esq. prepared by the Rye Brook Building and Fire Inspector, dated May 7, 2015 15.Memorandum to the Chairman and Planning Board prepared by F.P. Clark Associates, Inc., dated May 13, 2015 16.Memorandum to the Village Engineer, Chairman and Planning Board prepared by Dolph Rotfeld Engineering, P.C., Tarrytown, N.Y., dated May 14, 2015 17.Memorandum to the Chairman and Planning Board prepared by F.P. Clark Associates, Inc., dated May 19, 2015 18.Memorandum to Planning Board and Village Planning Consultant prepared by Maser Consulting, P.A., Hawthorne, N.Y., dated May 26, 2015 19.Letter to Chairman and Planning Board prepared by Cuddy and Feder, LLP, White Plains, N.Y., dated May 27, 2015 20.Memorandum to the Chairman and Planning Board prepared by F.P. Clark Associates, Inc., dated May 29, 2015 21.Memorandum to the Chairman and Planning Board prepared by F.P. Clark Associates, Inc., date June 1, 2015 22.Report and Recommendation to the Board of Trustees prepared by the Rye Brook Planning Board dated June 11, 2015 23.Memorandum to the Chairman and Planning Board prepared by F.P. Clark Associates, Inc., dated June 16, 2015 24.Letter to Mayor and Board of Trustees prepared by Cuddy & Feder, LLP, White Plains, N.Y., dated June 23, 2015 25.Memorandum to William Null, Esq. at Cuddy & Feder, LLP prepared by Maser Consulting P.A., dated June 23, 2015 26.Letter to Mayor and Board of Trustees prepared by Cuddy & Feder, LLP, White Plains, N.Y., dated July 14, 2015 27.Memorandum to William Null, Esq. at Cuddy & Feder, LLP prepared by Maser Consulting P.A., dated July 13, 2015 28.Memorandum to Mayor Rosenberg, the Board of Trustees and Administrator Chris Bradbury prepared by Michael Nowak, Village Engineer and Superintendent of Public Works, dated July 27, 2015; 29.Memorandum to the Board of Trustees prepared by F.P. Clark Associates, Inc., dated July 27, 2015; 30.Letter to F.P. Clark Associates prepared by the Commissioner of the Westchester County Planning Board, dated July 28, 2015; and 31.Engineer's Plans, prepared by Divney, Tung, Schwalbe, LLP, White Plains, N.Y.: Board of Trustees Meeting July 28, 2015 Page 10 of 20 Sheet Number Sheet Title Date SP-0.1 Illustrative Plan Undated SP-1.0 Conceptual Site Plan 02/09/15, revised 5/7/15, 5/13/15, 5/27/15 SP-2.0 Conceptual Grading &Utility Plan 02/09/15, revised 5/13/15 No Number Misc. site cross-sections and Undated, revised floor plans 5/13/15, 5/27/15 and WHEREAS, on February 24, 2015, the Board of Trustees adopted a resolution (1) declaring the Proposed Action to be an Unlisted Action for purposes of the New York State Environmental Quality Review Act (SEQRA) (2) directing circulation of a Notice of Intent to declare itself Lead Agency for purposes of a coordinated review; and (3) referring the Application to the Rye Brook Planning Board for review and a Report and Recommendation thereon in accordance with Section 250-7.E.(4)(a)[4] of the Village Code; and WHEREAS, a Notice of Intent giving notice of the Board of Trustees' intent to declare itself Lead Agency on the Application was duly circulated to all Involved Agencies on March 30, 2015; and WHEREAS, no challenge or objection to the Board of Trustees' Notice of Intent was received within the 30-day period prescribed under SEQRA and said time for challenge or objection thereto has now expired; and WHEREAS, the Board of Trustees conducted a joint site visit with the Planning Board at the Applicant's completed residential housing development in Darien, Connecticut on April 25, 2015; and WHEREAS, the Rye Brook Emergency Services Task Force reviewed the instant Application and, thereafter, issued its comments and recommendations to the Applicant by memorandum dated May 7, 2015; and WHEREAS, on June 11, 2015, the Planning Board approved submission of a Report and Recommendation to the Board of Trustees containing a favorable recommendation with respect to the Application; and Board of Trustees Meeting July 28, 2015 Page 11 of 20 WHEREAS, the Board of Trustees adopted a resolution dated June 23, 2015, declaring itself to be Lead Agency for purposes of a coordinated review pursuant to SEQRA and, further, setting a public hearing on the Application for July 28, 2015; and WHEREAS, on July 9, 2015, 2015, the Application was referred to the Westchester County Planning Board, the Town of Harrison, New York, and the Town of Greenwich, Connecticut, in accordance with Sections 239-m and 239-nn of the General Municipal Law and the Westchester County Code; and WHEREAS, a duly advertised public hearing was opened on July 28, 2015, at which time all those wishing to be heard on the Application were given such opportunity; and WHEREAS, on July 28, 2015 the Board of Trustees received comments from the Westchester County Planning Board and reviewed them at their July 28, 2015 public meeting; and WHEREAS, on July 28, 2015, the Board of Trustees reviewed Parts 2 and 3 to the Full Environmental Assessment Form, which Parts 2 and 3 were prepared by F.P. Clark Associates, Inc.; and WHEREAS, the Board of Trustees separately undertook and considered each of environmental issues identified in the Full Environmental Assessment Form, Parts 1, 2 and 3; and WHEREAS, the public hearing was then closed on July 28, 2015, 2015; and WHEREAS, the Board of Trustees is fully familiar with the site and all aspects of this Application. NOW, THEREFORE, BE IT RESOLVED, that the Village of Rye Brook Board of Trustees, after taking the requisite "hard look" in accordance with Article 8 of the State Environmental Conservation Law and 6 NYCRR Part 617, and upon review of the Full EAF and all other application materials that were prepared for this Proposed Action, hereby adopts the Negative Declaration and reasoned elaboration included as Part 3 to the Full EAF; and Board of Trustees Meeting July 28, 2015 Page 12 of 20 BE IT FURTHER RESOLVED, that the Board of Trustees hereby adopts the annexed local law amending the PUD zoning regulations set forth in Section 250-7.E. of the Village Code; and BE IT FURTHER RESOLVED, that the Applicant shall, as part of Phase II of its Application, demonstrate to the satisfaction of the Board of Trustees that it has developed a feasible plan or plans for providing adequate water service to the 110 dwelling units contemplated in the Application; and BE IT FURTHER RESOLVED, that the Applicant shall, as part of Phase II of its Application, obtain approval from the Town's engineering consultants for an adequate on-site storm water management system. On a motion made by Trustee Rednick, and seconded by Trustee Heiser, the resolution was adopted. The roll was called: Trustee David M. Heiser voting aye Trustee Jeffrey Rednick voting aye Mayor Paul Rosenberg voting aye Mayor Rosenberg noted that this concludes the voting on this matter. The Board will continue review at the next Board of Trustees meeting. He thanked everyone for attending and called for a five minute recess. 3) Considering authorizing the use of Village Streets for the Wall Street Rides FAR event on Saturday, October 10,2015 Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING APPROVING USE OF VILLAGE STREETS FOR THE 2015 WALL STREET RIDES FAR("FOR AUTISM RESEARCH") EVENT RESOLVED, that subject to the final approval of the Rye Brook Police Department, The Autism Science Foundation is authorized to use the Village of Rye Brook streets for the 2015 Wall Street Rides FAR ("For Autism Research") Charity Bike Ride event on Saturday, October 10, 2015, requested in a letter dated July 14, 2015; and be it Board of Trustees Meeting July 28, 2015 Page 13 of 20 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. A request has been received to use Village Streets. There will be three rounds with the first starting at 7:30 a.m. at Manhattanville College, the second starting around 8:30 a.m., and the final at 9:30 a.m. The entire time that the streets will be in use will be from 7:30 a.m. to 2:00 p.m. The bike route takes them through Greenwich, Harrison, and Port Chester. The Police Department has been made aware of the event. On a motion made by Trustee Heiser, and seconded by Trustee Rednick, the resolution was adopted. The roll was called: Trustee David Heiser voting aye Trustee Jeffrey Rednick voting aye Mayor Paul Rosenberg voting aye 4) Considering rejecting the bid for Contract #s 15-07 and 15-08 for the delivery and installation of water tanks at the Compost Site Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING REJECTING THE BIDS FOR CONTRACT #15-07 COMPOST SITE TANK SUPPLY AND #15-08 COMPOST SITE TANK INSTALLATION WHEREAS, The Village of Rye Brook has solicited bids for Contract#15-07; Compost Site Tank Supply and Contract#15-08; Compost Site Tank Installation; and WHEREAS, at Thursday,May 21, 2015, bids were received for each of the contracts and opened as summarized below: Contract#15-07: Compost Site Tank Supply&Delivery Bidder Base Bid Alternate A Gem Star 80,000.00 n/a Fairfield Maintenance 70,666.00 n/a Eventus Construction 91,000.00 120,000.00 Board of Trustees Meeting July 28, 2015 Page 14 of 20 Carmel Winwater 69,894.00 78,400.00 Fred Burack 63,248.00 89,032.00 D & S Pump 89,000.00 79,000.00 Expanded Supply Products 81,798.27 92,084.00 Contract#15-08: Compost Site Tank Installation Bidder Base Bid Gem Star 147,000.00 UAP 333,000.00 Eventus Construction 214,000.00 Legacy Supply 225,000.00 WHEREAS,upon review of the bids for Contract#15-07: Compost Site Tank Supply&Delivery,the Village Administrator and Village Engineer have determined that the lowest base bid amount of$63,248 and Alternate A bid amount of$89,032 exceeds the funding available for the project; and WHEREAS,upon review of the bids for Contract#15-08: Compost Site Tank Installation, the Village Administrator and Village Engineer have determined that the lowest bid amount of$147,000 exceeds the funding available for the project. NOW, THEREFORE BE IT RESOLVED, that all bids for Contract#15-07; Compost Site Tank Supply and Contract#15-08; Compost Site Tank Installation are hereby rejected. This is for water service at the compost site, and the third attempt and set of bids. The high prices have caused the bids to be rejected. Two alternatives were provided and put out to bid. Now the first alternative is being put out to bid again. On a motion made by Trustee Rednick, and seconded by Trustee Heiser, the resolution was adopted. The roll was called: Trustee David M. Heiser voting aye Trustee Jeffrey Rednick voting aye Mayor Paul Rosenberg voting aye Board of Trustees Meeting July 28, 2015 Page 15 of 20 5) Considering setting a public hearing for a local law expanding the permissible locations in the Village of Rye Brook for Professional Office Uses Mr. Bradbury read the following resolution: RESOLUTION SETTING A PUBLIC HEARING ON A LOCAL LAW TO EXPAND THE PERMISSIBLE LOCATIONS FOR PROFESSIONAL OFFICE USES IN THE VILLAGE OF RYE BROOK VILLAGE OF RYE BROOK BOARD OF TRUSTEES WHEREAS, the Village of Rye Brook Board of Trustees is considering a local law to allow Professional Office uses on the easterly side of South Ridge Street between Westchester Avenue and Bowman Avenue and on one lot in the R-15A Zoning District, on the north side of Westchester Avenue at the northeast corner of the intersection with Hawthorne Avenue; and WHEREAS, Professional Office uses are currently allowed on lots within the R-2F District on the north and south sides of Bowman Avenue and Westchester Avenue between South Ridge Street and the Port Chester boundary line; and WHEREAS, on May 12, 2015, the Board of Trustees determined the proposed action to be an Unlisted Action pursuant to the New York State Environmental Quality Review Act (SEQRA); and WHEREAS, on May 12, 2015, the Board of Trustees referred the proposed local law to the Planning Board for report and recommendation and such report and recommendation was adopted by the Planning Board and submitted to the Board of Trustees on July 9, 2015. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees, as the only involved agency with respect to the proposed action, hereby declares itself Lead Agency for purposes of SEQRA pursuant to 6 NYCRR 617.6(b)(1); and BE IT FURTHER RESOLVED, that the Board of Trustees shall hold a public hearing on September 8, 2015 at 7:30p.m. at Village Hall, 938 King Street, Rye Brook, New York, to consider the proposed local law; and Board of Trustees Meeting July 28, 2015 Page 16 of 20 FURTHER RESOLVED, that the Board of Trustees hereby directs that, pursuant to General Municipal Law § 239-m and the Westchester County Administrative Code, the proposed local law be referred to the Westchester County Planning Department. It was noted that there was no urgency to this matter. It is a matter that the Board has been considering. Trustee Heiser stated that the Planning Board reviewed this matter. The question was raised as to the definition of what a professional is. Mr. Bradbury noted that the Planning Board recommended additional study and explanation for this definition. It will affect other areas of the code as well. The Board questioned whether this is the time to do this. Mayor Rosenberg felt that it was time to pass this legislation and that the definition of a professional could be tweaked at a later date. Trustee Rednick pointed out that nothing in the code defines professional. Mr. Bradbury responded that a review of the definition should be completed. Edward Beane, Esq., Village Counsel, noted that currently there was a very broad definition. He asked the Board if they wanted to modify the definition of professional uses. Mayor Rosenberg stated that he was comfortable with Attorney Beane's suggestion to review the definitions. Mr. Bradbury noted that the current Code allows for two professional persons. The outside parking and the size of the use within the facility are also used in the calculations. 6) Considering authorizing the issuance of$585,000 Bonds of the Village of Rye Brook to pay the cost of the acquisition of real property at 528 Ellendale Ave. Mayor Rosenberg called for a Special Meeting to be held on Friday, July 31 st at 5:30 p.m. to discuss this resolution as two members of the Board out tonight. 7) Considering the approval of a drainage easement agreement for Anderson Hill Road Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING A DRAINAGE EASEMENT AGREEMENT WITH DORAL CONFERENCE CENTER ASSOCIATES Board of Trustees Meeting July 28, 2015 Page 17 of 20 BE IT RESOLVED, that the Board of Trustees of the Village of Rye Brook authorizes the Mayor and Village Administrator to sign and execute all necessary documents to enter into a Drainage Easement Agreement with Doral Conference Center Associates for the installation and maintenance of a drainage pipe and appurtenances thereto on and under the easement area. Mr. Bradbury noted that this is a big issue. There has been a long standing water problem on Anderson Hill Road. Both the Merritt and Doral Greens have cooperated. This water problem is on the New York/Connecticut border. Half of the street floods with a rainfall. The next step includes going to Greenwich as most of the work takes place in Greenwich. The pipes will take water off of the street. The Village will be paying for the improvement, which will be on the Doral Arrowood property. Mayor Rosenberg noted that this road condition has been horrible. Even thoughthe road has been repaved, the water problem remains. Mr. Bradbury noted that a bus stop also needs to be relocated and the County is involved with this. On a motion made by Trustee Rednick, and seconded by Trustee Heiser, the resolution was adopted. The roll was called: Trustee David Heiser voting aye Trustee Jeffrey Rednick voting aye Mayor Paul Rosenberg voting aye 8) Considering awarding the bid for Contract 415-14: 2015 Road Resurfacing Mr. Bradbury read the following resolution: RESOLUTION CONSIDERING A BID AWARD FOR CONTRACT #15-14: 2015 ROAD RESURFACING Board of Trustees Meeting July 28, 2015 Page 18 of 20 WHEREAS,the Village of Rye Brook has solicited bids for Contract #15-14: 2015 Road Resurfacing; and, WHEREAS, on Tuesday, July 23, 2015, the Village Administrator opened three (3) sealed bids summarized below; Bidder Base Bid Montesano Brothers $890,600.00 ELQ $929,701.50 PCI $948,280.00 WHEREAS, upon reviewing the bids, the Village Administrator and Village Engineer determined the lowest responsible bidder meeting all the requirements of the bid document is Montesano Brothers for the Bid price of$ 890,600.00. NOW, THEREFORE BE IT RESOLVED, that Contract #15-14: 2015 Road Resurfacing is hereby awarded to Montesano Brothers for the total bid price of$ 890,600.00; 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 purpose of this resolution Some of the roads are High Street form Ridge Street to the Port Chester border, Hunter Drive, Pine Ridge Road, Mohegan Lane, and Rocking Horse Lane. There are also some other smaller areas and misc. crack sealing. On a motion made by Trustee Heiser, and seconded by Trustee Rednick, the resolution was adopted. The roll was called: Trustee David Heiser voting aye Trustee Jeffrey Rednick voting aye Mayor Paul Rosenberg voting aye ADMINISTRATOR'S REPORT Board of Trustees Meeting July 28, 2015 Page 19 of 20 Mr. Bradbury started his report by noting that this Friday evening, at 6:30 p.m. the Village's second summer concert would be held. The music will be a Jazz quartet. The next movie night has been scheduled for August 7, 2015 at Pine Ridge Park. It will be the official reopening of Pine Ridge Park The Highway Department has been busy filling pot holes working with some new equipment. The Village has submitted a letter of intent and support to the New York State DEC for a grant. This is one of a series of grants to do additional mapping for water quality projects and storm water discharge. There will be no cost to the Village and we are thrilled to be a part of this project. Mayor Rosenberg called for comments or questions from members of the public. There being no one he reminded everyone of the Special Meeting scheduled for July 31st to discuss property acquisition on Ellendale Avenue. Mayor Rosenberg noted that there would be only one Board of Trustees meeting, scheduled for August 18th. The next has been scheduled for September 8, 2015 There being no further business before the Board, the meeting was adjourned at 9:35 p.m. Board of Trustees Meeting July 28, 2015 Page 20 of 20