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HomeMy WebLinkAbout2014-01-28 - Board of Trustees Meeting Minutes VILLAGE OF RYE BROOK BOARD OF TRUSTEES MEETINGS VILLAGE HALL, 938 KING STREET TUESDAY,JANUARY 28, 2014 AGENDA 7:15 P.M.—EXECUTIVE SESSION: Legal Matters - United Water 7:30 P.M.—REGULAR MEETING PLEDGE OF ALLEGIANCE REPORT AFFORDABLE HOUSING PUBLIC HEARINGS: 1) Public hearing on to consider the application for approval of a Second Amended Site Plan for K&M Realty Group Ltd for property located on Bowman Avenue, designated as Parcel ID 141.26-1-1.1 on the Town of Rye Tax Map. 2) Public hearing to consider a proposed local law to amend Chapters 179, 209 and 250 of the Village Code regarding shopping centers RESOLUTIONS: 1) Considering the application for approval of a Second Amended Site Plan for K&M Realty Group Ltd for property located on Bowman Avenue, designated as Parcel ID 141.26-1-1.1 on the Town of Rye Tax Map. 2) Considering a proposed local law to amend Chapters 179, 209 and 250 of the Village Code regarding shopping centers 3) Considering rescinding the prior resolution adopting a local law to amend Chapters 8 and 209 of the Village Code regarding site plan review 4) Considering a local law to amend Chapters 8 & 209 of the Village Code regarding site plan review 5) Considering the acceptance of funds to the Friends of Rye Brook in the amount of$1000 for a bench and plaque to be placed in Pine Ridge Park in honor of Amy Low Board of Trustees January 28, 2014 Page 1 of 26 6) Considering the acceptance of funds to the Friends of Rye Brook in the amount of$200 from Alice Conrad and $1,000 from Rye Brook Together for a Tree and Plaque to be placed in a park in honor of Ken and Andrea Berman 7) Considering referring an application for an amended site plan at property located at 1100 King Street (Reckson Executive Park) to the Village of Rye Brook Planning Board 8) Considering a modification to the Contract Agreement for Recreation Programs and amending the License and Permit Fee Schedule 9) Considering adopting a credit card policy for the Village of Rye Brook 10)Considering the approval of minutes: November 26 & December 16, 2013 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: February 11, 2014 and February 25, 2014. Board of Trustees January 28, 2014 Page 2 of 26 BOARD: Trustee Susan R. Epstein Trustee Jason A. Klein Trustee David M. Heiser Trustee Jeffrey B. Rednick Mayor Paul S. Rosenberg VILLAGE STAFF: Christopher Bradbury, Village Administrator David Burke, Assistant Village Administrator Chief Gregory Austin, Chief of Police Marilyn Timpone-Mohamed, Village Consultant Fred Seifert, Public Access Coordinator/IT Mayor Rosenberg welcomed everyone to the Tuesday, January 28, 2014 meeting of the Board of Trustees. He noted that the Board just came from an Executive Session to discuss legal matters related to United Water. He called for the first matter on the agenda: PUBLIC HEARINGS: 1) Public hearing on to consider the application for approval of a Second Amended Site Plan for K&M Realty Group Ltd for property located on Bowman Avenue, designated as Parcel ID 141.26-1-1.1 on the Town of Rye Tax Map. On a motion made by Trustee Epstein, and seconded by Trustee Heiser, the public hearing was opened. Mr. David Burke, Assistant Village Administrator, called the roll: Trustee Susan R. Epstein voting aye Trustee Jason A. Klein voting aye Trustee David M. Heiser voting aye Trustee Jason Klein voting aye Trustee Jeffrey Rednick voting aye Mayor Rosenberg called Mr. Konigsberg for an overview of the application, and the changes being proposed. He noted that the tax lot line has been adjusted, and two parking spaces have been land bank. The decks of the second floor were removed in 2013. Fencing was also discussed, and it was noted that the approvals that were given will remain. Any impacts that need to be analyzed are the same ones analyzed for the initial application. The major change is that there are now 10 units versus 18 units. Board of Trustees January 28, 2014 Page 3 of 26 Mayor Rosenberg noted that the wetlands permit was expiring. Mr. Konigsberg stated that he had not pulled a permit yet, but will request one as early as tomorrow. Edward Beane, Esq. noted that at some point in this process a wetlands permit was issued. This is a new application and the process is that the applicant can apply for a new wetlands permit. A permit cannot be issued until the outstanding issues have been satisfied. Mayor Rosenberg called for members of the public wishing to address the Board. There being no one, he called for a motion to close the public hearing. On a motion made by Trustee Klein, and seconded by Trustee Epstein, the public hearing was closed. Mr. Burke called the roll: Trustee Susan R. Epstein voting aye Trustee Jason A. Klein voting aye Trustee David M. Heiser voting aye Trustee Jeffrey B. Rednick voting aye Mayor Paul S. Rosenberg voting aye Mayor Rosenberg called for the resolution on this matter. RESOLUTIONS: 1) Considering the application for approval of a Second Amended Site Plan for K&M Realty Group Ltd for property located on Bowman Avenue, designated as Parcel ID 141.26-1-1.1 on the Town of Rye Tax Map. Mr. Bradbury read the following resolution: CONSIDERATION OF AN APPLICATION FOR APPROVAL OF A SECOND AMENDED SITE PLAN APPLICATION BY K&M REALTY GROUP, LTD FOR PROPERTY LOCATED ON BOWMAN AVENUE WHEREAS, the Board of Trustees is in receipt of an application by K&M Realty Group, Ltd. for approval of an amended site plan to decrease the density from 18 dwelling units to 10 dwelling units on property located on Bowman Avenue, designated as Parcel ID 141.26-1-1.1 and 141.26-1-1 on the Town of Rye Tax Map and located in the C 1 Zoning District and the Scenic Roads Overlay District; and WHEREAS, the Board of Trustees reviewed the following plans and application materials: Board of Trustees January 28, 2014 Page 4 of 26 1. Site Plan Application dated 11/4/13 2. Site Plan Submittal Review Check List dated 11/4/13 3. Short Environmental Assessment Form(Part 1) dated 11/4/13 4. Letter to the Rye Brook Village Board of Trustees from Kip Konigsberg, Purchase,N.Y. dated November 14, 2013 5. Engineer's Site Plans prepared by John Meyer Consulting, Armonk, N.Y.: Sheet Number Sheet Title Dated M-1 Cover Sheet 4/7/06 rev. 12/16/13 M-2 Existing Conditions/Wetlands Delineation 4/7/06 rev. 12/16/13 M-2A Overall Site Plan 1/10/07 rev. 12/16/13 M-3 Layout Plan 4/7/06 rev. 12/16/13 M-3A Layout Plan (Strip) 5/30/07 rev. 12/16/13 M-313 Open Space Plan 4/24/12 M-4 Grading Plan 4/7/06 rev. 12/16/13 M-4A Grading Plan (Strip) 5/30/07 rev. 12/16/13 M-5 Utilities Plan 4/27/06 rev. 12/16/12 M-6 Sediment and Erosion Control/Water Quality Mitigation Plan 4/7/06 rev. 12/16/13 M-6A Sediment and Erosion Control/Water Quality Mitigation Plan (Strip) 5/30/07 rev. 12/16/13 M-7 Landscaping Plan 4/7/06 rev. 12/16/13 M-7A Landscaping Plan (Strip) 5/30/07 rev. 12/16/13 M-713 Lighting Plan 4/7/06 rev. 12/16/13 M-8 Site Details 4/7/06 rev. 12/16/13 M-9 Site Details 4/7/06 rev. 12/16/13 M-10 Site Details 4/7/06 rev. 12/16/13 M-11 Site Details 4/7/06 rev. 12/16/13 M-12 Site Details 12/6/06 rev. 12/16/13 M-13 Utility Profiles 2/8/07 rev. 12/16/13 M-14 Miscellaneous Figures 3/7/07 rev. 12/16/13 M-15 Resolutions 6/23/08 rev. 3/7/12 SU-1 Survey of Property 11/19/93rev. 10/21/08 WHEREAS, site plan approval was originally granted by the Board of Trustees on July 24, 2007 after the Board of Trustees adopted a Findings Statement pursuant to the New York State Environmental Quality Review Act ("SEQRA") on December 16, 2006 following the preparation of a Draft Environmental Impact Statement and Final Environmental Impact Statement; and Board of Trustees January 28, 2014 Page 5 of 26 WHEREAS, on January 22, 2013 the Board of Trustees approved an application for an amended site plan to increase the density of the project from 10 single family dwelling units to 18 dwelling units consisting of nine (9) attached two-family dwellings, which approval was scheduled to expire on January 22, 2014, but was extended to February 28, 2014 by resolution of the Board of Trustees on December 16, 2013; and WHEREAS, the Applicant now proposes to reduce the density back to the 10 single family dwelling units approved in 2007, with certain building changes approved on January 22, 2013 that include increased building gross floor areas; and WHEREAS, on November 26, 2013 the Board of Trustees, pursuant to the State Environmental Quality Review Act (SEQRA) determined the proposed action to be an Unlisted Action pursuant to SEQRA which will undergo a coordinated review; and WHEREAS, on November 26, 2013 the Board of Trustees referred the application to the Village of Rye Brook Planning Board for Report and Recommendation; and WHEREAS, the Planning Board of the Village of Rye Brook submitted a Report and Recommendation to the Board of Trustees dated December 12, 2013; and WHEREAS, on December 20, 2013 the application was referred to the Town/Village of Harrison, Port Chester-Rye Union Free School District and the City of Rye pursuant to General Municipal Law §239-nn and the Westchester County Administrative Code; and WHEREAS, on December 20, 2013 Notice of Intent to Declare Lead Agency was distributed to all Involved agencies; and WHEREAS, on December 20, 2013 the application was referred to the Westchester County Department of Planning; and WHEREAS, the Westchester County Department of Planning issued comments dated January 13, 2014 and the Board of Trustees notes the following with respect to Westchester County's comments: 1. Response to Comment 91 - The Board of Trustees and Planning Board have similarly encouraged the Applicant to set aside of portion of the units as affordable housing; however, according to the Applicant affordable housing has been explored but is not feasible; 2. Response to Comment 92—The Board of Trustees notes that the development plan for the passive park on the "strip" portion of the property (Parcel ID 141.26-1-1) was previously approved by the Board of Trustees in 2007 and 2013. The Board of Trustees further notes that shared parking at the Rye Board of Trustees January 28, 2014 Page 6 of 26 Ridge Shopping Center, as recommended by the County, would not be preferable to the Village as the Rye Ridge Shopping Center is private property and the number of parking spaces at the Rye Ridge Shopping Center is currently nonconforming. 3. Response to Comment 93 —Approval of the project will be conditioned upon the submittal of a final, detailed monitoring and maintenance plan for all stormwater management facilities to the satisfaction of the Village Engineer/Superintendent of Public Works and/or consultants. 4. Response to Comment #4 — Comment noted. Approval from Westchester County Department of Public Works and Transportation for a curb cut on Bowman Avenue is required. 5. Response to Comment 95 — Comment noted. Although the Applicant obtained a Stream Control Permit from Westchester County Department of Public Works and Transportation in connection with the Site Plan approved by the Board of Trustees in 2007, the Applicant must reapply for a Stream Control Permit in connection with this Amended Site Plan application. 6. Response to Comment #6 — The Applicant has offered to contribute $50 per dwelling unit toward a future inflow and infiltration study in the Village. 7. Response to Comment #7 — The Applicant will revise plans to include a bike rack or similar bike parking area. WHEREAS, on January 28, 2014, the Board of Trustees opened a public hearing on the subject site plan application, at which time all persons interested were given an opportunity to speak on behalf of or in opposition to said application, and the Board of Trustees closed the public hearing on January 28, 2014; and WHEREAS, the Village Planning Consultant, Village Engineering Consultant, Village staff, Planning Board and the Board of Trustees reviewed the information and submitted comments regarding the application. NOW THEREFORE, BE IT RESOLVED, that the Board of Trustees hereby declares itself to be Lead Agency for the Project pursuant to SEQRA; and BE IT FURTHER RESOLVED, that the Board of Trustees hereby determines that, based upon the information stated in the EAF and supplemental information in the record regarding impacts related to traffic, generation of school-age children, parking, municipal services, stormwater management, aesthetics and other relevant environmental impacts, the Project will not result in any significant adverse environmental impacts not addressed or inadequately addressed in the environmental review of the Site Plan approved by the Board of Trustees in July 2007 and January 2013 and therefore, the Board of Trustees January 28, 2014 Page 7 of 26 Project does not require the preparation of a Supplemental Environmental Impact Statement; however, in the event the Village take title to the "Strip," determines to use a portion of such property as a dog park, and develops plans for such use, the Village shall undertake the appropriate environmental review of such use pursuant to the State Environmental Quality Review Act at that time; and BE IT FURTHER RESOLVED, that the Board of Trustees hereby determines that the Project will not result in any significant adverse environmental impacts based upon the information stated in the EAF and supplemental information, and hereby adopts the annexed Negative Declaration; and BE IT FURTHER RESOLVED, that upon written request of the Applicant, dated December 4, 2013, and due to the scope of the proposed amendments and the submittal of such documents in connection with previous and recent applications, the Board of Trustees hereby grants the Applicant's request for a waiver from submittal of the documents marked by the Applicant on the Site Plan Review Check List in the "N" and "NA" columns; and BE IT FURTHER RESOLVED, that the Board of Trustees hereby approves the site plan application referenced herein, upon the following conditions: I. A copy of this resolution shall be attached to the building permit application. 2. Prior to the issuance of a building permit, the Applicant shall verify that is has received all necessary and applicable permits and approvals from the Westchester County Department of Health, Westchester County Department of Public Works and Transportation, New York State Department of Environmental Conservation and United Water Westchester. Satisfaction of this condition shall be determined by the Village Attorney. 3. Prior to the issuance of a building permit, the Site Plan shall be revised as follows: a. Show a bike rack or similar bike parking area on the strip in a location satisfactory to the Village Planning Consultant. b. Show that the two (2) parking spaces proposed to be "land banked" under the 2007 approval shall be "land banked" for construction in the future if determined by the Village Engineer to be Board of Trustees January 28, 2014 Page 8 of 26 necessary. Construction of such parking spaces if deemed necessary by the Village Engineer, shall be the responsibility of the Homeowners Association or Condominium Board and language to this effect will be included in the Offering Plan. Such parking spaces shall be constructed within six months of written notice from the Village Engineer. c. Show the current tax lot lines as shown on the Town of Rye Tax Assessor's Map, as well as the proposed tax lot lines. 4. Consistent with comments from Westchester County set forth in its memorandum dated October 15, 2012, to offset projected increases in sewage flows from this site into existing infrastructure, including adding volume of sewage flow requiring treatment at one of the treatment plans operated by Westchester County, the Applicant has offered to contribute and shall contribute $50 per dwelling unit toward a future inflow and infiltration study in the Village. 5. Conditions of approval for development are as follows: a. Construction of basements, now and in the future shall be prohibited. Garages and attics shall not be converted to habitable areas. b. Parking shall be prohibited along the entire access road and all travel aisles. It shall be the responsibility of the Applicant and subsequently the Homeowners Association to place and maintain appropriate traffic regulation signage and enforce the "no parking"rules. c. Additional building bulk or structures of any kind (including, but not limited to additions to buildings, decks, enlargement of patios or walkways, or placement of sheds or other accessory structures) shall be prohibited by deed restriction and/or other appropriate measures Board of Trustees January 28, 2014 Page 9 of 26 subject to prior written approval by the Village Attorney. The foregoing shall not include repairs or rebuilding as originally approved. d. Provision of a final Tree Preservation and Protection Plan to the satisfaction of the Village Engineer/Superintendent of Public Works and/or consultants. e. Maintain the validity of the Steep Slopes Work Permit and the Permit to Perform Regulated Activities in a Wetland issued by the Village of Rye Brook Planning Board on February 14, 2013, by requesting any necessary extensions. Both permits are scheduled to expire on February 14, 2014. f. Provision of a final landscape plan to the satisfaction of the Village Engineer/Superintendent of Public Works and/or consultants. g. Provision of a Final Stormwater Management Plan to the satisfaction of the Village Engineer/Superintendent of Public Works and/or consultants. h. Provision of a Final Erosion and Sediment Control Plan to the satisfaction of the Village Engineer/Superintendent of Public Works and/or consultants. i. Provision of a final, detailed monitoring and maintenance plan for all wetland buffer and steep slope plantings to the satisfaction of the Village Engineer/Superintendent of Public Works and/or consultants. The Applicant and eventually the Homeowners Association or Condominium Board shall be required to inspect, maintain, repair and replace any and all wetland buffer plantings and steep slopes plantings to comply with the design standard intended, the Board of Trustees January 28, 2014 Page 10 of 26 requirements of the Village Code and to the satisfaction of the Village Engineer/Superintendent of Public Works and/or consultants. j. Provision of a final, detailed monitoring and maintenance plan for all stormwater management facilities to the satisfaction of the Village Engineer/Superintendent of Public Works and/or consultants. The Applicant and eventually the Homeowners Association or Condominium Board shall be required to inspect, maintain and repair all stormwater management structures and appurtenances in accordance with the approved plans to insure the proposed stormwater management facilities function to the standards and objectives of the Village of Rye Brook stormwater management ordinance and to the satisfaction of the Village Engineer/Superintendent of Public Works and/or consultants. k. Provision of a final, detailed monitoring and maintenance plan for all steep slope rip-rap or other stabilization construction to the satisfaction of the Village Engineer/Superintendent of Public Works and/or consultants. The Applicant and eventually the Homeowners Association or Condominium Board shall be required to inspect, maintain, repair and be responsible for monitoring and maintaining the stability of steep slopes on the property to the design standard intended, the requirements of the Village Code and to the satisfaction of the Village Engineer/Superintendent of Public Works and/or consultants. 1. The monitoring and maintenance of all stormwater management facilities, wetland buffer and steep slopes plantings and rip rap or other Board of Trustees January 28, 2014 Page 11 of 26 stabilization construction required by the conditions of this resolution that are to be the responsibility of the Homeowners Association or Condominium Board shall be clearly and completely described in the condominium offering plan, subject to the prior written approval of the Village Attorney. m. Provision of a final construction management plan for the entire site prior to granting of a building permit that includes specific times and routes for trucks carting material to and from the site, including potential truck routes, number of trucks, number of trips, dust and noise mitigation measures and coordination with the Port Chester Middle School schedule to avoid traffic conflicts during school arrival and dismissal times for approval by the Village Engineer/Superintendent of Public Works, fire, and police services and any other consultants determined to be necessary by the Village Engineer/Superintendent of Public Works. Work shall be staged to minimize the number of trucks present at the site at any one time. n. Use of a turbidity curtain during construction and/or any other method or methods determined to be necessary by the Village Engineer/Superintendent of Public Works, consultants or other approving agencies, to prevent migration of silt into the water environment surrounding the site. o. The Applicant, its successors or assigns, shall include text acceptable to the Village Attorney in the Offering Plan for the proposed Condominium or Homeowner's Association, advising prospective purchasers of conditions 5(a) to (c) and (i) to (1), (q), (s), (t), (u). There shall be no amendments to the Offering Plan, by-laws or Rules and Regulations concerning Board of Trustees January 28, 2014 Page 12 of 26 items 5(a) to (c); (i) to (1), (q), (s), (t), (u) of this Resolution without prior approval of the Village Board of Trustees. p. The Applicant, its successors or assigns, shall include language acceptable to the Village Attorney in the deeds to the individual units concerning conditions 5(a) and 5(c). q. Placement of a 35-foot wide permanent conservation easement on the Peninsula running parallel to the front property line along the entire Bowman Avenue frontage of the Peninsula to preserve the landscape buffer created on the Peninsula pursuant to the requirements of the Scenic Roads Overlay District. The Applicant shall provide the conservation easement for review and approval by the Village Board of Trustees prior to the issuance of a building permit. Landscaping installed between the Bowman Avenue right-of- way and the residential units within the conservation easement shall be maintained, according to the requirements of the conservation easement, by the Applicant and thereafter by the Condominium Board or Homeowners Association. r. Installation of a landscape buffer along the Bowman Avenue frontage of the Peninsula sufficient to screen views of the buildings from the street, to the satisfaction of the Village Engineer and/or Consultants. s. No activity of any type shall be permitted on rip-rap steep slopes except required maintenance. Appropriate signage to that effect shall be installed and maintained by the Applicant and thereafter by the Homeowners Association or Condominium Board. Board of Trustees January 28, 2014 Page 13 of 26 t. Construction of docks or any other structures extending into the watercourse or pond shall be prohibited. u. Swimming, boating, fishing or other water related recreational activities shall be prohibited. Appropriate signage to that effect shall be installed and maintained by the Applicant and thereafter by the Homeowners Association or Condominium Board and included in the Condominium's Offering Plan, By-Laws and Rules and Regulations. v. Construction traffic shall be scheduled to avoid generation of construction related traffic that coincides with roadway peak hours. w. The property shall be apportioned into two lots as delineated by the existing tax lots 1-1 and 1- 1.1 by the Village, if the Village determines in its sole discretion to receive the strip (Lot 1-1) as a passive public park. x. Construction of all improvements to the Strip (Lot 1-1) as shown on the Site Plan approved by the Board of Trustees by Resolution dated July 24, 2007 and as amended by the Site Plan approved herein, shall be completed prior to offering the Strip for dedication to the Village and within eighteen (18) months of the issuance of the first Building Permit for the ten residential units on the Peninsula or prior to issuance of the last residential Certificate of Occupancy, whichever occurs earlier. Y_ Prior to the issuance of any building permits, a 100% performance bond or letter of credit shall be submitted in a sum determined by the Village Engineer/Superintendent of Public Works and shall be furnished to and accepted by the Village, to guarantee the satisfactory and complete installation and construction of all Board of Trustees January 28, 2014 Page 14 of 26 infrastructure and public improvements, as determined appropriate by the Village Engineer/Superintendent of Public Works, for the Peninsula, including landscaping, sewage, water, drainage, roads, sediment and erosion control measures, sidewalks, stormwater detention, and watercourse buffer mitigation approved as to form by the Village Attorney. Z. The Applicant shall provide to the Village, a landscape maintenance bond or letter of credit in the amount of which is to be determined by the Village Engineer/Superintendent of Public Works in a form satisfactory to the Village Attorney. A bond or letter of credit with a minimum term of two years commencing upon the issuance of the 8th certificate of occupancy shall be posted for the maintenance of general site landscaping, the landscaping to thereafter be maintained and replaced as necessary. BE IT FURTHER RESOLVED, that all requirements, conditions and mitigation measures related to the project as established by the Board of Trustees in the Findings Statement shall constitute express conditions of this approval, except as otherwise stated herein, and shall constitute obligations of the Applicant thereunder and its successors and assigns, and shall be enforceable by this Village Board of Trustees or its designated representative; and BE IT FURTHER RESOLVED, approval of this second amended site plan shall supersede the amended site plan approval granted by the Board of Trustees on January 22, 2013 and extended to February 28, 2014; and BE IT FURTHER RESOLVED, that this approval of the Second Amended Site Plan shall expire one year from the date of this resolution. Upon written request, the Board of Trustees may extend the expiration date for additional periods of time, each such period not exceeding six months, upon good cause shown; and BE IT FURTHER RESOLVED, that upon review of the Conservation Easement document submitted by the Applicant pursuant to Paragraph 5(q) of this Resolution, the Board of Trustees hereby authorizes the Mayor to execute all documents, subject to negotiations by the Village Administrator and approved by the Mayor, in a Board of Trustees January 28, 2014 Page 15 of 26 form acceptable to the Village Attorney, as may be necessary for the recording of the Conservation Easement referred to above in Paragraph 5(q); and BE IT FURTHER RESOLVED, that the approval granted herein shall become null and void if the Applicant does not pay to the Village all applicable fees and professional review fees incurred in connection with review of this Application within 45 days following the date of this resolution. On a motion made by Trustee Epstein, and seconded by Trustee Heiser, the resolution was adopted, as amended. Trustee Susan R. Epstein voting aye Trustee Jason A. Klein voting aye Trustee David M. Heiser voting aye Trustee Jeffrey B. Rednick voting aye Mayor Paul S. Rosenberg voting aye 2) Public hearing to consider a proposed local law to amend Chapters 179, 209 and 250 of the Village Code regarding shopping centers On a motion made by Trustee Klein, and seconded by Trustee Heiser, the public hearing was opened. The roll was called: Trustee Susan R. Epstein voting aye Trustee Jason A. Klein voting aye Trustee David M. Heiser voting aye Trustee Jeffrey B. Rednick voting aye Mayor Paul S. Rosenberg voting aye Mayor Rosenberg called upon Marilyn Timpone Mohamed, Village Consultant, to give an overview. She reviewed the proposed changes for the Board, and noted that currently all applications must have a full site plan review. The intent is to simplify the process, and take certain types of applications and send them to the Planning Board. The Trustees would maintain the applications that require alterations beyond a certain point. An application for a small change in use would not require site plan review. Mayor Rosenberg addressed parking studies. Ms. Timpone Mohamed noted a traffic study is needed if alternations have been made within the shopping center, but the Village will be flexible in this area. It would depend on what other changes happened during a timeframe. If nothing happens in five years, it is possible that the traffic study would still be valid. Board of Trustees January 28, 2014 Page 16 of 26 Mr. Bradbury noted that the Planning Board can waive the public hearing. Mayor Rosenberg noted that the Village received a letter from the Westchester County Planning Board in favor of the proposed changes to the Village's Code. He called for members of the public wishing to address the Board. Mr. Sampson of Win Ridge addressed the Board. He noted that when discussing the prior use, it refers to the existing before it was vacant. On a motion made by Trustee Heiser, and seconded by Trustee Klein, the public hearing was closed. The roll was called: Trustee Susan R. Epstein voting aye Trustee Jason A. Klein voting aye Trustee David M. Heiser voting aye Trustee Jeffrey B. Rednick voting aye Mayor Paul S. Rosenberg voting aye RESOLUTION: 2) Considering a proposed local law to amend Chapters 179, 209 and 250 of the Village Code regarding shopping centers. Mr. Bradbury read the following resolution: WHEREAS, the Village of Rye Brook Board of Trustees desires to make certain modifications to the Village Code concerning existing shopping centers; and WHEREAS, a proposed local law was introduced to amend Chapters 179, 209 and 250 of the Code of the Village of Rye Brook in this regard; and WHEREAS, on September 10, 2013 the Board of Trustees, pursuant to the State Environmental Quality Review Act (SEQRA) determined the proposed action to be an Unlisted Action pursuant to SEQRA; and WHEREAS, on September 10, 2013 the Board of Trustees referred the proposed local law to the Planning Board for report and recommendation; and WHEREAS, on December 30, 2013 the proposed local law was referred to the Westchester County Department of Planning; and Board of Trustees January 28, 2014 Page 17 of 26 WHEREAS, on January 9, 2014 the Planning Board adopted its report and recommendations and submitted such to the Board of Trustees; and WHEREAS, on January 16, 2014 notice of the public hearing on the proposed local law was sent to the Village of Port Chester, Town/Village of Harrison, City of Rye and the Port Chester-Rye Union Free School District; and WHEREAS, on January 28, 2014, the Board of Trustees opened a public hearing on the subject local law, at which time all persons interested were given an opportunity to speak on behalf of or in opposition to said local law, and the Board of Trustees closed the public hearing on January 28, 2014. NOW, THEREFORE, BE IT RESOLVED,that upon review of the information stated in the Environmental Assessment Form and all other information in the record, the Board of Trustees hereby determines that adoption of the subject local law will not result in any significant adverse environmental impacts and hereby adopts the annexed Negative Declaration; and BE IT FURTHER RESOLVED, that the Board of Trustees hereby adopts the subject local law amending Chapters 179, 209 and 250 of the Code of the Village of Rye Brook regarding existing shopping centers. On a motion made by Trustee Epstein, and seconded by Trustee Heiser, the resolution was adopted. Mr. Burke called the roll: Trustee Susan R. Epstein voting aye Trustee Jason A. Klein voting aye Trustee David M. Heiser voting aye Trustee Jeffrey B. Rednick voting aye Mayor Paul S. Rosenberg voting aye Mayor Rosenberg, with the consensus of the Board, called for Resolution 47: 7) Considering referring an application for an amended site plan at property located at 1100 King Street (Reckson Executive Park) to the Village of Rye Brook Planning Board Mr. Bradbury read the following resolution: WHEREAS, an application has been submitted by Reckson Operating Partnership, L.P. for approval of an Amended Site Plan, Steep Slopes Work Permit, and Board of Trustees January 28, 2014 Page 18 of 26 Wetland Permit for site improvements including new patios and a new walkway at property located at 1100 King Street, designated as Parcel ID 124.82-1-1 and 124.81-1-1 on the Town of Rye Tax Map and located in the OB-1 Zoning District and the Scenic Roads Overlay Zoning District (the "Project"); and WHEREAS, the Board of Trustees is the approval authority for the Ameded Site Plan Application in accordance with Sections 209-I.A(1) of the Village Code and the Planning Board is the approval authority for the Steep Slopes Work Permit and Wetland Permit applications in accordance with Chapters 213 and 245 of the Village Code; and WHEREAS, the Board of Trustees, pursuant to the State Environmental Quality Review Act (SEQRA) determines the proposed action to be an Unlisted Action pursuant to SEQRA which will undergo a coordinated review. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees hereby refers the application for approval of a Site Plan Amendment to the Planning Board for Report and Recommendation. BE IT FURTHER RESOLVED, that the Board of Trustees hereby directs that Notice of Intent to Declare Lead Agency be sent to all known Involved Agencies. BE IT FURTHER RESOLVED, that the Board of Trustees directs that, pursuant to General Municipal Law §239-m and Westchester County Administrative Code §277.61, the application shall be referred to Westchester County Department of Planning for comment no less than 30 days prior to the public hearing concerning the application, and directs that pursuant to General Municipal Law §239-nn and Westchester County Administrative Code §277.71, notice of public hearing shall be sent to the Town of Greenwich and the Town/Village of Harrison no less than 10 days prior to the public hearing concerning the application. The representative from Reckson noted that there were three projects being proposed. A rain garden will be added on what is now lawn area. There will be a connection between Phase I and Phase IL And, walkways will be constructed. There will also be construction of a terrace off of the cafe. The walkways in this area will remain the way that they are. It was noted that these are modest improvements. There are six buildings between the two Phases. Mr. Bradbury noted that the proposed changes will connect the buildings a little better for use of the amenities. On a motion made by Trustee Heiser, and seconded by Trustee Epstein, the resolution was adopted. Board of Trustees January 28, 2014 Page 19 of 26 Mr. Burke called the roll: Trustee Susan R. Epstein voting aye Trustee Jason A. Klein voting aye Trustee David M. Heiser voting aye Trustee Jeffrey B. Rednick voting aye Mayor Paul S. Rosenberg voting aye Mayor Rosenberg returned to the agenda: 3) Considering rescinding the prior resolution adopting a local law to amend Chapters 8 and 209 of the Village Code regarding site plan review Mr. Bradbury read the following resolution: WHEREAS, on January 14, 2014, following a public hearing, the Village of Rye Brook Board of Trustees considered and approved, by Resolution, a local law amending Chapters 8 and 209 of the Village Code regarding site plan review; and WHEREAS, although the Board of Trustees reviewed a proposed Negative Declaration pursuant to the New York State Environmental Quality Review Act ("SEQRA") prior to adopting said local law, the necessary language to adopt a determination of significance pursuant to SEQRA was inadvertently omitted from the January 14, 2014 Resolution; and WHEREAS, the Board of Trustees desires to correct this administrative error by rescinding its January 14, 2014 Resolution and re-adopting the local law pursuant to a modified Resolution which contains the relevant language pursuant to SEQRA. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees hereby rescinds its January 14, 2014 Resolution adopting a local law amending Chapters 8 and 209 of the Village Code regarding site plan review. Mr. Bradbury noted that resolutions 3 and 4 are tied together. On a motion made by Trustee Epstein, and seconded by Trustee Heiser, the resolution was adopted. The roll was called: Trustee Susan R. Epstein voting aye Trustee Jason A. Klein voting nay Trustee David M. Heiser voting aye Board of Trustees January 28, 2014 Page 20 of 26 Trustee Jeffrey B. Rednick voting aye Mayor Paul S. Rosenberg voting aye 4) Considering a local law to amend Chapters 8 & 209 of the Village Code regarding site plan review Mr. Bradbury read the following resolution: WHEREAS, the Village of Rye Brook Board of Trustees desires to make certain modifications to the Village Code concerning site plan review; and WHEREAS, a proposed local law was introduced to amend Chapters 8 and 209 of the Code of the Village of Rye Brook in this regard; and WHEREAS, on December 16, 2013, the Board of Trustees opened a public hearing on the subject local law, at which time all persons interested were given an opportunity to speak on behalf of or in opposition to said local law, and the Board of Trustees closed the public hearing on January 14, 2014. NOW, THEREFORE, BE IT RESOLVED,that upon review of the information stated in the Environmental Assessment Form and all other information in the record, the Board of Trustees hereby determines that adoption of the subject local law will not result in any significant adverse environmental impacts and hereby adopts the annexed Negative Declaration; and BE IT FURTHER RESOLVED, that the Board of Trustees hereby adopts the subject local law amending Chapters 8 and 209 of the Village Code regarding site plan review. On a motion made by Trustee Rednick, and seconded by Trustee Heiser, the resolution was adopted. The roll was called: Trustee Susan R. Epstein voting aye Trustee Jason A. Klein voting aye Trustee David M. Heiser voting aye Trustee Jeffrey B. Rednick voting aye Mayor Paul S. Rosenberg voting aye Board of Trustees January 28, 2014 Page 21 of 26 5) Considering the acceptance of funds to the Friends of Rye Brook in the amount of$1000 for a bench and plaque to be placed in Pine Ridge Park in honor of Amy Low Mr. Bradbury read the following resolution: WHEREAS, Erica Malat desires to donate $1,000 for a bench and plaque to the Friends of Rye Brook to be placed at Pine Ridge Park; and WHEREAS, Erica Malat desires the plaque and bench to be placed in Pine Ridge Park to honor her dear friend, mother of Seth and Alli, husband of David and Rye Brook resident Amy Low. NOW, THEREFORE BE IT RESOLVED, the Village Board on behalf of the Friends of Rye Brook hereby accepts the donation of $1,000 from Erica Malat for a bench and plaque in honor of Amy Low; and be it FURTHER RESOLVED, the placement of the bench will be in consultation with Erica Malat, the Low family, and the Superintendent of Parks and Recreation. Mayor Rosenberg noted that Amy Low passed away several weeks ago. She leaves behind her husband and two young children. The Village is happy to accept the funds for the bench and plaque in Pine Ridge Park in memory of Amy. On a motion made by Trustee Epstein, and seconded by Trustee Heiser, the resolution was adopted. The roll was called: Trustee Susan R. Epstein voting aye Trustee Jason A. Klein voting aye Trustee David M. Heiser voting aye Trustee Jeffrey B. Rednick voting aye Mayor Paul S. Rosenberg voting aye 6) Considering the acceptance of funds to the Friends of Rye Brook in the amount of$200 from Alice Conrad and $1,000 from Rye Brook Together for a Tree and Plaque to be placed in a park in honor of Ken and Andrea Berman Mr. Bradbury read the following resolution: Board of Trustees January 28, 2014 Page 22 of 26 WHEREAS, Alice Conrad desires to donate $200 to the Friends of Rye Brook for a tree to be placed in Pine Ridge Park in honor of Ken Berman; and WHEREAS, The Friends of Rye Brook desires to donate $1,000 for a bench and plaque to be placed in Pine Ridge Park to honor Ken and Andrea Berman. NOW, THEREFORE BE IT RESOLVED, the Village Board on behalf of the Friends of Rye Brook hereby accepts the donation of$200 from Alice Conrad and $1,000 from Rye Brook Together for a tree, bench and plaque to be placed in Pine Ridge Park in honor Ken and Andrea Berman; and be it FURTHER RESOLVED, the location of the tree, bench and plaque shall be in consultation with the Parks and Recreation Superintendent and Allene Berman. Mr. Berman passed away approximately two years ago, and his daughter passed away shortly after. Mr. Berman volunteered many hours to the Village and the Board was happy to accept the donation for the tree and plaque in their memory. On a motion made by Trustee Klein, and seconded by Trustee Heiser, the resolution was adopted. Trustee Susan R. Epstein voting aye Trustee Jason A. Klein voting aye Trustee David M. Heiser voting aye Trustee Jeffrey B. Rednick voting aye Mayor Paul S. Rosenberg voting aye 8) Considering a modification to the Contract Agreement for Recreation Programs and amending the License and Permit Fee Schedule Mr. Bradbury read the following resolution: WHEREAS, the Superintendent of Parks and Recreation in consultation with the Parks and Recreation Advisory Council desire to run a Summer Pro Basketball Camp; and WHEREAS, the Parks and Recreation Superintendent desires to contract with Teaches Basketball Camp to run the program; and WHEREAS, the village and proposed contractor desire to amend the Contract Agreement for recreation programs relating to an amended fee for services. Board of Trustees January 28, 2014 Page 23 of 26 NOW, THEREFORE BE IT RESOLVED, the Village of Rye Brook Board of Trustees hereby approves an amended Contract Agreement with Teaches Basketball Camp for a Summer Pro Basketball Camp and authorizes the Superintendent of Parks and Recreation to execute said agreement; and be it FURTHER RESOLVED, the License and Permit Fee Schedule is hereby amended as follows: SUBJECT: PROPOSED FEE: Summer Pro Basketball Camp $425 Mr. Bradbury noted that there is a standard agreement for outside contractors. This will be a Monday through Friday camp. Resident have the option of signing up if they are interested in the program. This program was discussed with the Recreation Council. Trustee Rednick felt that this was a good idea, but he worried that a lot of the children who might be interested in this camp may be leaving the Rye Brook camp to come here. Mr. Bradbury noted that this is a trial and will be for one week. If it does well, the hope will be to have it back during the summer of 2015. Mayor Rosenberg thanked the Recreation Department for setting this up. On a motion made by Trustee Heiser, and seconded by Trustee Rednick, the resolution was adopted. Mr. Burke called the roll: Trustee Susan R. Epstein voting aye Trustee Jason A. Klein voting aye Trustee David M. Heiser voting aye Trustee Jeffrey B. Rednick voting aye Mayor Paul S. Rosenberg voting aye 9) Considering adopting a credit card policy for the Village of Rye Brook Mr. Bradbury read the following resolution: Board of Trustees January 28, 2014 Page 24 of 26 WHEREAS,the Village of Rye Brook desires to obtain a credit card as a convenient way of procuring certain items; and WHEREAS, a Credit Card Policy had been drafted to outline authorized users, restriction of purchases, and the responsibility of the Treasurer's Department and users when using a village issued credit card. NOW, THEREFORE BE IT RESOLVED, the Village of Rye Brook Board of Trustees hereby adopts a Credit Card Policy for the Village of Rye Brook. The credit card policy is being put in place in connection with online purchases. This will be a Village credit card kept in the Treasurer's Department. Mayor Rosenberg called for questions or comments. There being none, he called for a motion and second to approve the resolution. On a motion made by Trustee Epstein, and seconded by Trustee Heiser, the resolution was adopted. The roll was called: Trustee Susan R. Epstein voting aye Trustee Jason A. Klein voting aye Trustee David M. Heiser voting aye Trustee Jeffrey B. Rednick voting aye Mayor Paul S. Rosenberg voting aye 10)Considering the approval of minutes: November 26 & December 16, 2013 Mayor Rosenberg called for a motion and second to approve the November 26th and December 16th summaries. On a motion made by Trustee Klein, and seconded Epstein, the summaries were approved as amended. The roll was called: Trustee Susan R. Epstein voting aye Trustee Jason A. Klein voting aye Trustee David M. Heiser voting aye Trustee Jeffrey B. Rednick voting aye Mayor Paul S. Rosenberg voting aye Board of Trustees January 28, 2014 Page 25 of 26 Mayor Rosenberg called for the Admistrator's Report: ADMINISTRATOR'S REPORT Mr. Bradbury noted that the Village audit is available to residents for review. He was happy to announce that the Village is fiscally sound and responsible. The Village has passed the six month mark and sales taxes are up from last year; and the hotel tax is on target. There is a police overtime expenditure line, which is being tracked very closely. It was noted that the retirement system is not in budget, and that there will be overtime from the public works department, because of the weather. A meeting will be held with the Board of Trustees and School Board. It is a meet and greet. The Air Force will be doing fly-over's over the Hudson River on January 30th at 4:30 in the morning. Mayor Rosenberg thanked Mr. Bradbury for all of the hard work on this years' budget. Mr. Bradbury and his staff are ultra careful with money. He also thanked the Highway Department for the amazing job they have done. Mayor Rosenberg called for comments and questions from members of the public. There were none. He noted that the next Board of Trustee meetings were scheduled for February 11, 2014 and February 25, 2014. There being no further business before the Board, the meeting was adjourned at 9:05 p.m. Board of Trustees January 28, 2014 Page 26 of 26